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Hutchinson A: Rethinking Legitimacy

Rethinking Legitimacy

Courts, Constitutions and Politics

This book explores how COVID-19 represents an inflection point for re-thinking and re-making democracy across the English-speaking world in an age where states are facing a future of overlapping crises. Years after the unprecedented COVID-19 pandemic started to unfold, have we yet learned the deep lessons essential to maintaining and improving democracy to meet crisis challenges? Produced with the benefit of distance from the most acute period of the pandemic, the book contextualises the COVID-19 crisis as revealing pre-existing vulnerabilities and intensifying challenges of governance, inclusion, and distrust, while also spurring democratic innovation and shifting the parameters for reform. Six national case studies - Australia, Ireland, Canada, Aotearoa New Zealand, UK and USA - reveal the heterogeneity of the Anglosphere as an imagined democratic space. Viewed in the round, pandemic responses ranged from the chaotic to the internationally lauded, although even the latter have featured acute deficiencies in democratic practice, which underscores the need to gather the lessons learned. Yet, in all states, the public and political temptation to simply move on, in an act of communal forgetting and collective return to "normalcy," presents a real risk of failing to prepare for more democratic future crisis responses. This collection takes the long view, approaching its subject from multiple perspectives that examine the heterogeneity of the Anglosphere as an imagined democratic space. Taking a cross-disciplinary approach and bringing together both leading and emerging experts on democracy, constitutionalism, and the rule of law, this book powerfully combines the insights of retrospective analysis with future-focused contemplation of where our democracies are heading.

Democracy’s Power to Meet Tomorrow’s Polycrisis

Pandemocracy in the Anglosphere

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

Code of Federal Regulations, Title 05 Administrative Personnel

The Code of Federal Regulations (CFRs) are a vital resource for anyone who needs to understand the rules and requirements set by U.S. federal agencies. Title 5 presents information on federal employee management, civil service functions, employee benefits, as well as ethics and government organization and procedures.

Code of Federal Regulations, Title 05 Administrative Personnel 700-1199, Revised as of January 1, 2025

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues. This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth. The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction. Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of 'liminality' or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

England, Qatar and Australia

Muslim Marriages in Transition

This book explores human vulnerability through the lens of natural law theory. Beginning with a detailed examination of natural law ethics, centred upon the virtues (Part One), it sets out the relationship between natural law and human vulnerability. To be human is to be vulnerable; but vulnerability must itself be understood by reference to the human goods that are the central concern of natural law ethics. Such goods lie at the heart of what it means to lead a flourishing life, but they are in no way certain: goods such as health, education, the family can all be perverted or taken away by human agency or the vicissitudes of life. Part Two poses the problem of how human beings and government can build resilience in the face of these vulnerabilities. Its main contention is that the central aims of vulnerability theory, including that of state responsiveness, are pre-figured in the social teachings of the Catholic Church. These teachings provide a compelling basis for the demand that the state be more responsive to social scourges such as poverty, crime, debt and dependency. Vulnerability theorists will benefit from a new perspective on the problems that are central to their analysis; natural law theorists will profit by an enrichment and extension of their central concerns.

Natural Law, Ethics and Human Vulnerability

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

This groundbreaking book explores the dynamic intersections between religion as a cultural-theological construct and intellectual property as the legal framework governing creativity and innovation. Featuring contributions from over 30 leading scholars, the book examines how IP law regulates religious subject matter-sacred symbols, texts, music-and how religious traditions shape and are shaped by contemporary issues in IP law. From Islamic perspectives on trademark law to Jewish analyses of copyright and Confucian views on IP law, the book provides a multicultural lens on the interplay between faith, law, and commerce. A critical resource for IP scholars, ethnographers, theologians, and policymakers, this book offers fresh insights into the global and interdisciplinary dimensions of intellectual property, enriching both academic discourse and practice.

Cross-Cultural Intersections of Faith and Law

Intellectual Property and Religion

We vow for richer for poorer. We sacrifice for our children, we give back to our parents. Because in true love and family matters, money's irrelevant and it would be terrible to suggest otherwise. Right?

We vow for richer for poorer. We sacrifice for our children, we give back to our parents. Because in true love and family matters, money's irrelevant and it would be terrible to suggest otherwise. Right?

The Modern Money Questions That Could Save Your Relationships

Yours or Mine?

Code of Federal Regulations, Title 12 Banks and Banking

Presents regulations governing banking procedures and activities of the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the Export-Import Bank, Office of Thrift Supervision, Farm Credit Administration, and the National Credit Union Administration.

Code of Federal Regulations, Title 12 Banks and Banking 1-199, Revised as of January 1, 2025

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU's current constitutional challenges. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Provides an exciting new statement on how best to understand the current constitutional crisis faced by the EU by drawing on comparative federalism.

A Comparative Perspective

The Diagonality Problem of the EU Rule of Law

This book provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime. It sets out the text of the Act chapter-by-chapter with accompanying commentary. In doing so the authors cover a broad range of issues, including: Reviewing how the legislation is to be understood in a post-Brexit context, focussing on the key innovations brought forward in the Act Contextualising developments, describing the various relevant international instruments such as the WTO Government Procurement Agreement Setting out the consequences of departure from the EU and detachment from EU procurement law Providing detailed discussion of the body of regulations, guidance, and other soft law that frames the content of the Act and will deliver effects of the legislation Addressing the interface with other related public procurement regimes falling outside the Act, such as the Provider Selection Regime in the NHS. Written and prepared by a team of professional and academic experts who have decades of experience of procurement law between them, this is the essential text for practitioners working on a procurement dispute or advisory situation.

Text, Guide, and Analysis

UK Procurement Legislation

Rethinking Legitimacy

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