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Hallaq W: Radical Separation of Powers

Radical Separation of Powers

A History of Islamic Constitutionalism

While Tÿbingen theologian Eberhard Jÿngel's theology remains broadly influential in Continental Europe, his work has largely been overlooked by Anglo-American readers interested in modern Protestantism. There are, however, signs that this trend is changing, as several dissertations, specialist monographs, and popular blog-sites have appeared recently that are devoted to Jÿngel's thought. There is thus a growing audience for the proposed study, which will be the first up-to-date, English-language, general introduction to Jÿngel's theology to appear in three decades. Nelson offers an interpretation of Jÿngel's theology that is unique.

While TÃ¼bingen theologian Eberhard JÃ¼ngel’s theology remains broadly influential in Continental Europe, his work has largely been overlooked by Anglo-American readers interested in modern Protestantism. There are, however, signs that this trend is changing, as several dissertations, specialist monographs, and popular blog-sites have appeared recently that are devoted to JÃ¼ngel’s thought. There is thus a growing audience for the proposed study, which will be the first up-to-date, English-language, general introduction to JÃ¼ngel’s theology to appear in three decades.  Nelson offers an interpretation of JÃ¼ngel’s theology that is unique.

Theologian of the Interruptive Word

Eberhard Jüngel

In many European states, multiculturalism has recently come under attack, being openly questioned by many in both the public and political spaces as being in 'crisis'. Prompting many of these attacks have been incidents or events - typically interpreted as 'controversies' - that have involved or centred on issues relating to Muslims or Islam. Having ramifications in the social, cultural or political spaces, many have seen these controversies as accentuating the 'problem' of Muslims and Islam. Focusing on a number of these 'crises' and 'controversies', this book seeks to to interrogate the theories of Islamophobia through the lens of a series of different 'crises and controversies' that have involved - or have been perceived as involving - Muslims or Islam. This book critically engages these 'crises and controversies' through the framework of the definitions, theories and concepts explored in the author's earlier book Islamophobia? (Ashgate, 2010). Allen's latest boo sets out to: better understand where, how and why the responses of both the right, left and centre of the European political spectrum are seemingly converging in views and attitudes towards Muslims and Islam; contribute additional knowledge to the still relatively under-researched yet extremely timely phenomenon of Islamophobia and anti-Muslim hatred; and consider how this links to and affects attitudes and expressions manifested in the public and social spaces. Employing a largely thematic approach, this book focuses on the linked impacts of a range of different controversies that have occurred at the local, national and regional levels. These include: Invasion and Islamification - Eurabia and the Islamic Invasion; Physical and Material - minarets and mosques; Culture and 'Our Way of Life' - between us and them; Values and Freedoms - veils, hijabs and niqabs; Speech and Offence - cartoons and caricatures; Terrorism and Threat - 'home-grown bombers' to exter

In many European states, multiculturalism has recently come under attack, being openly questioned by many in both the public and political spaces as being in ’crisis’. Prompting many of these attacks have been incidents or events - typically interpreted as ’controversies’ - that have involved or centred on issues relating to Muslims or Islam. Having ramifications in the social, cultural or political spaces, many have seen these controversies as accentuating the ’problem’ of Muslims and Islam. Focusing on a number of these ’crises’ and ’controversies’, this book seeks to interrogate the theories of Islamophobia through the lens of a series of different ’crises and controversies’ that have involved - or have been perceived as involving - Muslims or Islam.   This book critically engages these ’crises and controversies’ through the framework of the definitions, theories and concepts explored in the author’s earlier book Islamophobia (Ashgate, 2010). Allen’s latest book sets out to: better understand where, how and why the responses of both the right, left and centre of the European political spectrum are seemingly converging in views and attitudes towards Muslims and Islam; contribute additional knowledge to the still relatively under-researched yet extremely timely phenomenon of Islamophobia and anti-Muslim hatred; and consider how this links to and affects attitudes and expressions manifested in the public and social spaces. Employing a largely thematic approach, this book focuses on the linked impacts of a range of different controversies that have occurred at the local, national and regional levels. These include: Invasion and Islamification - Eurabia and the Islamic Invasion; Physical and Material - minarets and mosques; Culture and ’Our Way of Life’ - between us and them; Values and Freedoms - veils, hijabs and niqabs; Speech and Offence - cartoons and caricatures; Terrorism and Threat - ’home-grown bombers’ to externa

Crises & Controversies in Contemporary Europe

New Perspectives on Islamophobia

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

This book is an insightful, thought-provoking study of one of the world’s most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Victims, Culture and Society

Criminalising Sex Outside Marriage

An expert companion to the political and legal issues that led to Brexit, the challenges the UK now faces, possible outcomes of the negotiations, and the implications for the future of the UK and EU.

On 23 June 2016 voters in the United Kingdom voted unexpectedly in favour of departure from the European Union. The United Kingdom left the European Union on 31 January 2020. This book explains these two events, how led to the other, and what may now follow.

Brexit was not inevitable. There may well have not been a referendum in 2016 or at all. The result of the referendum could have gone the other way. The government may have made the exit notification on another date. The European Union and the United Kingdom could have approached the negotiations and withdrawal agreement in other ways. The departure may have been without a deal as early as March 2019 or postponed indefinitely. There was even, at times, the prospect of a further referendum where the Brexit mandate could have perhaps been reversed. It all could have been very different.

The way Brexit did happen was the result of a sequence of events and non-events, any of which could have gone differently. It also took place at a time of significant changes in media and social media, and also in domestic and international politics, all of which shaped the course and manner of the departure. Brexit may not have been inevitable but if Brexit had not happened between 2016 and 2020, it is possible the question of the United Kingdom's place in the European Union could have been forced in other ways.

Brexit also happened against the background of longer-term trends in politics and constitutional arrangements in the UK. Support for membership among mainstream politicians had been wide for fifty years but that consensus turned out to be shallow. The structural changes brought by the Good Friday Agreement of 1998 confined the actions of politicians twenty years later.

On Brexit sets out, in a sequence of interlinked essays, why and how Brexit turned out the way it did and not otherwise, and the text emphasises matters of law, policy and process as much as the course of political events. Brexit cannot be explained by structural and procedural matters but it cannot be fully explained just by politics either. On Brexit also sets out the political, media and constitutional contexts in which Brexit can be better understood.

By understanding how Brexit has so far taken the form it has, one is in a better position for understanding what will happen next, as the United Kingdom and the European negotiate their longer-term relationship.

This book was originally to be published as Brexit: what everyone needs to know

On Brexit

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

“…this edition is hugely well researched, equally well written and provides a holistic approach to the wide-ranging elements that comprise an ever-increasing and ever more popular specialist area of the law…What sets this publication apart from its competitors is the very essence that the reader is benefiting from the duality both of the collective knowledge and hands-on experience of the authorship in all aspects. A considered group opinion is thus put forward and is notably refreshing in the process…It is thoroughly enriched by being logical, intuitive, engagingly written and, above all, insightful…Practitioners, academics and sports administrators alike, cannot fail to be impressed and now everyone concerned in sports law has at their fingertips a handbook they can treat as a working bible. We cannot commend it highly enough.” – Mel Goldberg, International Sports Law Review, Issue 4

“Any lawyer interested in the field of sports law should have the Second Edition of Sports Law to hand; its lucid, comprehensive yet concise exposition of the relevant jurisprudence is as invigorating as a cold blast of fresh air in a sweaty workout. It reads like a good opinion, in which the author has mastered his subject and speaks authoritatively, with the answer and reasoning set out clearly and understood...Sports Law is written with intellectual rigour combined with a zest for the subject matter. The four authors bring a diversity of juridical backgrounds that instills a breath of vision into the analysis. If you are a busy practitioner looking for the "answer" to a sports law problem, this is the textbook; if you are an academic searching for some underlying principles and theories, there is plenty for you too.” – Tim Lord QC, Counsel Magazine

“One of the many strengths of this book is its concision and good English. It is well bound, clearly and comprehensively footnoted and with full case indices at the beginning. It is easy to read ... Any law firm or sports organisation which has sports legal issues arising from time to time would find this book a very useful addition to library shelves. The authors have struck a lovely balance between in-depth knowledgeable commentary but presented in a way the busy lawyer can understand. It will be my first port of call from now on for any sports law question.” – Susan Singleton, IT Law Today

Written by leading practitioners in the field, this book provides a coherent framework for understanding the principles of sports law.

The subject is split into various areas of practice. First regulatory rules, which embrace the constitutional aspect of organised sport including the disciplinary procedures of the various sport governing organisations. Second, broadcasting and marketing resulting from the commercial exploitation, including sponsorship, of sports clubs, sporting events and players. Third, player’s rights and obligations which embraces a wide range of legal issues including club transfers and player contracts, and issues arising from employment (including discrimination law), personal injury and criminal law. Special attention is paid to the impact of EU and Human Rights law as well as to the influential jurisprudence of the Court of Arbitration for Sport. Written by an expert team, including the father of sports law, Michael Beloff QC, this is required reading for all those practising in the field.

Sports Law

The story behind the unstoppable rise of the French far right- from France's societal woes to the Trumpian world order. France's next presidential election is due by 2027, if not sooner; and Marine Le Pen's far- right Rassemblement National is on course to win it. Such a victory would trigger shockwaves internationally, with profound implications for allies and neighbours including the UK and the US. Founded by the antisemitic Jean-Marie Le Pen, the RN-previously the Front National-was confined to the fringes until his daughter Marine took over in 2011. Together with her telegenic protégé Jordan Bardella, she has modernised the party and 'detoxified' its image. The RN has focused on voters' economic grievances while condemning 'mass immigration' of Muslims and foreign 'criminals'-a strategy starkly reminiscent of Donald Trump's own route, twice, into the White House. Right-wing nationalists were already gaining ground worldwide and across the EU before Trump's re-election gave them another boost. Now France-at the core of the European project-is the far right's next great prize. In both rounds of 2024's parliamentary elections, the RN won more votes than any other party. In vivid, sharp prose, Victor Mallet explains how the French far right has won over the country and become a government in waiting-one preparing to transform France, Europe and the world.

Le Pen, Bardella and the Future of Europe

Far-Right France

The Paris Commune as a world revolutionary event that crossed from Paris to Algeria and then New York and was the laboratory for all the republican and socialist ideas of a century

A Global History

The Paris Commune

Hart Studies in Constitutional Law

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament's authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament's legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament's legal position. It proposes a novel conception of Parliament's power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament's law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by both its internal procedures and the devolved legislatures.

This book articulates and defends a sceptical general account of parliamentary sovereignty.

It challenges the orthodox approach to this fundamental doctrine by making three key heretical claims. First, there are some laws that Parliament cannot make. Second, there are several ways in which primary legislation can be overridden or set aside by institutions other than Parliament. And third, Parliament has the power to bind itself as to the substance of future legislation. All three positions are developed using arguments which depend on existing legal materials and are compatible with the normative underpinnings of the doctrine of parliamentary sovereignty. 

The book combines theoretical and doctrinal analysis. The theoretical part of the book situates Parliament’s authority to legislate in the broader context of an examination of constitutional and political authority. It develops a conception of the ways in which competing views on the scope of Parliament’s legislative authority are mediated into law. The doctrinal part of the book reconsiders Parliament’s legal position. It proposes a novel conception of Parliament’s power to bind itself, rooted in the idea of commitments. It defends the existence of a judicial power to impose narrowly conceived freestanding limits on Parliament’s law-making authority, rooted in the rule of law. Finally, the book examines the challenges posed to parliamentary sovereignty by the executive, Parliament’s internal procedures and the devolved legislatures.

A Sceptical Restatement

Parliamentary Sovereignty

Classic Essays in Jewish History

Jews in the World of Medieval Islam

Constitutional Systems of the World

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

Following the successful formula of the series, this book offers an introductory but authoritative overview to the Constitution of Bangladesh. It looks at the shape and working of the Constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students if this fascinating state and its governing framework.

A Contextual Analysis

The Constitution of Bangladesh

Radical Separation of Powers

Bibliografische Angaben

Schlagworte

Bibliografische Angaben

Schlagworte

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