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Healy N: Judicial Review

Judicial Review

Explores pivotal state and federal firearms cases and traces the conflicting legal opinions that have made the second amendment so controversial. One of the most controversial aspects of the U.S. constitution, the Second Amendment continues to divide lawmakers and the general public alike. The Second Amendment has long been the subject of myriad court cases, at both the state and federal levels. In this valuable sourcebook, close examination of these court decisions demystifies the controversy surrounding gun rights and regulations. Chronologically presenting actual court decisions from the early 1800s through the present alongside contextual information and analysis, Donald J. Campbell traces the conflicting legal opinions that have led to our current understanding of the Second Amendment. It highlights the amendment's two major controversies: the individual right versus collective right debate and the incorporation of the Second Amendment by the Due Process Clause of the Fourteenth Amendment. Chapters also thoroughly examine the most influential Supreme Court Cases that dominate popular discussions of the amendment, such as United States v. Miller, District of Columbia v. Heller, McDonald v. City of Chicago, and NYSRPA v. Bruen.

Defining the Right to Keep and Bear Arms

The Second Amendment in Court

Judicial Systems of the World

The Israeli judiciary stands as one of the most respected institutions of the country's democratic system—yet also one of its most contested. Its structure, functions, and constitutional foundations shape debates on governance, rights, and the rule of law. This book offers a detailed analysis of the judiciary's historical development, its guiding legal principles, and the challenges it faces in a rapidly evolving legal and political landscape.

Tracing its historical development and the legal principles that underpin its operation, The Judicial System of Israel explores the constitutional and statutory framework that shapes judicial practice. It examines fundamental concepts such as due process and open justice, the jurisdiction of courts and tribunals, and the unique role of the Supreme Court. Readers will gain insight into the sources of law applied by the courts, the character of the legal profession, and the principles of legal culture and process.

Beyond its foundational analysis, the book explores the realities of judicial work, ethics, and discipline, while confronting the challenges posed by a rapidly changing world. From technological innovation to proposals for institutional reform, it considers what the future may hold for the judicial system of Israel. Offering fresh insights into these pressing issues, it is essential reading for scholars, practitioners, and anyone interested in comparative law and democratic governance.

The Judicial System of Israel

Irish Yearbook of International Law

The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship. This new volume covers the years 2023, amid growing state actions reflecting raw political and military power across the American continents, in the Middle East and amid ongoing armed conflicts around the world, most notably in Ukraine and in Gaza. Reports also cover topics on human rights in Ireland, international law in Ireland more generally, and the law of the sea. This volume of the Yearbook includes three articles, addressing international commercial contracts, the use of prosecutorial discretion at the International Criminal Court, and digital open-source evidence in regional human rights courts. Finally, the Yearbook also includes four book reviews covering a wide breadth of international law subjects, such as European legal regulation of technology, the morality of the laws of war, the prohibition of the use of force in international law, and sustainability in international trade agreements.

The Irish Yearbook of International Law, Volume 17, 2023

Modern Studies in European Law

This book explores what judges do and how they perceive their roles in the context of growing dissensus over liberal democracy. Focusing on the European landscape, it asks eighteen judges how they perceive their roles when judicial independence and democracy are under pressure. The book features interviews with judges from various EU and non-EU Member States and courts, complemented by a series of academic commentaries discussing the relationship between law and politics in times of dissensus over liberal democracy. Each narrative reveals unique personal experiences and reflections, shedding light on the role of the judiciary and the rule of law in the face of contemporary challenges. While the book engages with these issues through European narratives, its findings contribute to broader debates beyond Europe and the EU.

Insights from European Judges

Dissensus over Liberal Democracy

Drawing on new data and case analyses, Ryan J. Rebe provides substantial evidence that justices vote their partisan preferences on election law cases. By focusing specifically on election law, Rebe reveals a consistent pattern of partisanship on the Court. The findings controvert popular perceptions of non-biased decision-making and notions of fundamental fairness. The aggregate analysis shows that justices vote along party-lines in a majority of election law cases, and consensus-building is rare when there is a contentious electoral issue at stake. Exploring topics such as gerrymandering, campaign finance, voter ID laws, and presidential immunity, Rebe demonstrates that Supreme Court decisions often conflict with principles of stare decisis, originalism, and judicial restraint. Rebe also conducts a content analysis of the most controversial election law cases of the past twenty-five years, including Crawford v. Marion County, Citizens United v. FEC, Shelby County v. Holder, and Trump v. United States. In doing so, the book provides a thorough overview of over two decades of election law cases and sheds light on the ways these cases have reshaped America's electoral institutions.

The Era of Political Partisanship on the U.S. Supreme Court

The Partisan Court

Key Ideas in Law

This book explores the law, philosophy, and wider implications of that brief but highly consequential moment when a judge imposes sentence on a convicted offender. Sentencing is one of the most contested aspects of contemporary criminal justice. It is an important field of study, both as an instance of coercive state power over the citizen and as the point at which the statutory purposes of punishment are given public expression. Focusing on England and Wales, with occasional comparative reference to sentencing practice around the world, topics include the legal and ethical implications of pleading guilty, the origin and development of sentencing guidelines, and the 'ordinary' language in which the sentence itself must be pronounced in open court. Tensions arise over the appropriate treatment of cohorts including the young, racialised, mentally disordered, and dangerous, and the disparate outcomes such treatment can generate. At a time of unprecedented crisis - from the phenomenon of 'sentence inflation' 50 years in the making, to the criminal court backlog, to an overcrowded prison estate - the book concludes with an appraisal and critique of the Sentencing Act 2026. The Act was pitched as a once-in-a-generation attempt at substantive justice reform, but its precise impact remains to be seen. Key Features · Offers an original account of a field in transition, equipping readers with a rich and robust evidence base · Reconciles classical theories of punishment with modern case law and sentencing practice · Comparative insights provide perspective and distance, enabling readers to form their own views on a complex field

Key Ideas in Sentencing

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

For more than a century, the United States has relied on the income tax to fund government and shape distributional policy. Designed to tax both labor and capital, the system has drifted from that ambition. The Income Tax Collapse offers a clear, accessible account of how this shift occurred.
At the center of the book is the set of techniques known as "buy, borrow, die", longstanding features of tax law that allow wealthy households to accumulate and spend capital income while reporting little or none of it. These practices now shape outcomes for entrepreneurs, business owners, workers, mixed work-wealth households, and the wealthiest citizens.
Looking ahead, the book identifies the structural pressures driving the system and presents realistic reform options, from adjustments to realization rules to broader shifts such as mark-to-market, wealth taxation, or progressive spending taxes.

Buy, Borrow, Die and Beyond

The Income Tax Collapse

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Hart Studies in Constitutional Law

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Hamad bin Khalifa University.

This book presents an all-encompassing way to understand lobbying: the ‘Diversion Guide’. This shows that lobbying is problematic when institutions are diverted from acting in the public interest.  It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the ‘Diversion Guide’ to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. 

The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom’s political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. 

It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations  and to ensure that better regulations are created to restore public trust in politics. The ‘Diversion Guide’ can be used to this end.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

Oxford Commentaries on International Law

A Commentary

The European Convention on Human Rights

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

Judicial Review

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