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Barkow R: Justice Abandoned

Justice Abandoned

How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

The book presents in a distilled format the relevant principles of law, and their application in this area and provides a guide to relevant international instruments and the way(s) in which these instruments have been referred to or used in English courts. While the emphasis is on stating the law as it is, the author, a leading Silk in the field,  also identifies the principles which are likely to guide practitioners in an otherwise unstructured area, supported by specific examples which will provide a subject guide to relevant instruments and sources and how they can be used.

International Law and Foreign Affairs in English Courts

'A gripping and rigorous crime story about the murder of a once thriving democracy, exposing an arsenal of lethal weapons, some wielded on the streets, others in the courts and press' NAOMI KLEIN'Essential reading' YANIS VAROUFAKIS

The Incarcerations

Hart Studies in European Criminal Law

The European Arrest Warrant ('EAW'), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

The European Arrest Warrant (‘EAW’), the cornerstone of European criminal law, is twenty years old. This collection brings together the leading commentators in the field to assess its merits, successes and suggest improvements. Taking a holistic approach, it looks at the EAW from all the different perspectives of its operation. Discussions range from fundamental rights, to constitutional issues and questions of national diversity, and to the external dimension of the EAW. This is an important assessment of the EAW, destined to become the point of reference in the field.

Coming of Age?

The European Arrest Warrant at Twenty

Evidence in International Criminal Trials

Modern Studies in European Law

The Externalisation of EU Administrative Law

Getting to the Heart of Conflict: A Framework for Constructive Conflict Engagement

"Explores how courts engage with questions of fact in public law adjudication, the role of evidence, and the procedures by which these facts are established"--

This book explores critical issues about how courts engage with questions of fact in public law adjudication. 

Although the topic of judicial review — the mechanism through which individuals can challenge governmental action — continues to generate sustained interest amongst constitutional and administrative lawyers, there has been little attention given to questions of fact. This is so despite such determinations of fact often being hugely important to the outcomes and impacts of public law adjudication. 

The book brings together scholars from across the common law world to identify and explore contested issues, common challenges, and gaps in understanding. The various chapters consider where facts arise in constitutional and administrative law proceedings, the role of the courts, and the types of evidence that might assist courts in determining legal issues that are underpinned by complex and contested social or policy questions. The book also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts. 

The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making.

Facts in Public Law Adjudication

Hart Studies in Security and Justice

Drawing on theoretical, legal and policy material, Securing Legality seeks to develop a robust normative framework in which to understand the relationship between security, the rule of law and human rights. 

The book challenges the entrenched dichotomy, commonly invoked by activists, analysts and scholars, of the rule of law and human rights on the one hand and security on the other. It argues that security actors often fail adequately to grasp the role of law and legal legitimacy in their conceptions of security, while guardians of legality too easily overlook the intrinsic and explicit role that security plays in our conception of the rule of law and human rights.
 
At the same time Securing Legality warns against the risk of ‘securitising law’, a process whereby the rule of law and human rights is increasingly viewed through the narrow lens of security. The book seeks to re-conceptualise the relationship between law and security, arguing that the concept of security should concern not only the safety of society, but also the value of its broader social arrangements.

Securing Legality

This unique book provides a comprehensive account of the principles governing corporate sentencing in EU law.

The EU is strengthening its grip on national criminal law in its fight against corporate crime, and the punishment of corporations features prominently among its concerns. However its current efforts to approximate Member States’ criminal laws are weakened by the diversity of national sentencing rules and a thorough analysis of corporate sentencing is lacking both at the level of the EU and in most national systems.
 
In this important book Vanessa Franssen draws on comparative scholarship of Member State legal systems as well as EU law, and makes practical suggestions for corporate sentencing goals that should be pursued by the EU. The book addresses academics, judges, practising lawyers, civil servants and anyone who wants to learn more about this fascinating topic of EU law.

The Principles of Corporate Sentencing in EU Law

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children's deaths. 

Two subsequent inquiries examined Folbigg's convictions. In 2019, Commissioner Blanch concluded that Folbigg's guilt was "even more certain" than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the "firm view" that "reasonable doubt exists as to Folbigg's guilt." 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law's fact-finding processes and the legal system's adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women's credibility and demeanour.

The 2nd edition of Murder, Medicine and Motherhood presents a fresh examination of the case of Kathleen Folbigg and a critical evaluation of the process that led to her exoneration in 2023. 

In 2011, the 2nd edition of this influential work argued that Kathleen Folbigg was wrongly convicted of killing her 4 children. The book attracted scholarly and public attention and led to medical and legal reviews of the Folbigg children’s deaths. 

Two subsequent inquiries examined Folbigg’s convictions. In 2019, Commissioner Blanch concluded that Folbigg’s guilt was “even more certain” than it had been at trial. His report provoked an unprecedented response from the Australian Academy of Science, highlighting a rift between the legal and scientific establishments over how medical evidence should be managed. A petition signed by Nobel prize winners and others demanded a further review. The 2nd inquiry, completed in 2023, adopted a markedly different approach to scientific and behavioural evidence. Commissioner Bathurst ultimately reached the “firm view” that “reasonable doubt exists as to Folbigg’s guilt.” 

This new edition extends the examination of the legal process, medical evidence, and normative expectations of motherhood. It evaluates law’s fact-finding processes and the legal system’s adherence to the principles of proof beyond a reasonable doubt, and raises concerns about how legal actors work with scientific uncertainty and assess women’s credibility and demeanour.

The Wrongful Convictions of Kathleen Folbigg

Murder, Medicine and Motherhood

Hart Studies in Comparative Public Law

This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens.

How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation.

Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved.

The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

This book explores how constitutional courts have transformed communication and overcome their reluctance to engage in direct dialogue with citizens.

How has the information revolution affected the relationship of constitutional courts with the public and the media? The book looks in detail at the communication strategies of the US Supreme Court, the Supreme Court of Canada, and in Europe the German Federal Constitutional Tribunal, the French Conseil Constitutionnel and the Italian Constitutional Court, arguing that when it comes to the relationship between courts and the media, different jurisdictions share many similarities. It focuses on the consequences of the communication revolution of courts both in terms of their relationship with public opinion and of the legitimacy of judicial review of legislation.

Some constitutional courts have attracted criticism by engaging in proactive communication and, therefore, arguably yielding to the temptation of public support. The book argues that objections to the developing institutional communications employed by courts come from a preconceived notion of public opinion. It considers the burden the communication revolution has placed on constitutional courts to achieve a balance between transparency and seclusion, proximity and distance from public opinion. It puts forward important arguments for how this balance can be achieved.

The book will interest scholars in constitutional law and public comparative law, sociologists, historians, political scientists, and scholars of media law and communication studies.

Constitutional Courts, Media and Public Opinion

Constitutional Systems of the World

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.

The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

This new edition of the leading introduction to the subject presents the South African Constitution in its historical and social context.

The book provides students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the Constitution's structure and role in the new South Africa. Main themes include a description of the historical context and emergence of the Constitution through the democratic transition; the implementation of the Constitution and its role in building a new democratic society; the interaction of the Constitution with the existing law and legal institutions, including the common law, indigenous law and traditional authorities; as well as a focus on the strains placed on the new constitutional order by both the historical legacies of apartheid and new problems facing South Africa.

A Contextual Analysis

The Constitution of South Africa

Justice Abandoned

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