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Hutchinson A: Rethinking Legitimacy

Rethinking Legitimacy

Courts, Constitutions and Politics

“…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 architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect's role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability - design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

The architect is a principal target in all types and levels of construction disputes. This book provides informal and practical advice explained in simple terms so that practicing architects can avoid the pitfalls inherent in the architect’s role throughout the construction process. Written by a practicing architect who has acted as expert witness in over 200 cases, the book covers the key areas of vulnerability – design, design co-ordination, late information, inspection and certification. Using detailed case studies of built projects, the author identifies the law, how the problems arose and what remedies were put in place to resolve the issues. This is a book no architect can afford not to read.

A Guidebook for the UK Architect

Why Architects Get Sued

The story of the movement to establish the International Criminal Court, its tumultuous first decade, and its continuing struggle to make a difference.

Ten years ago, in the wake of massive crimes in central Africa and the Balkans, the first permanent international criminal court was established in The Hague despite resistance from some of the world's most powerful states. In the past decade, the court has grown from a few staff in an empty building to a bustling institution with more than a thousand lawyers, investigators, and administrators from around the world. Despite its growth and the backing of more than 120 nations, the ICC is still struggling to assert itself in often turbulent political crises.

The ICC is generally autonomous in its ability to select cases and investigate crimes, but it is ultimately dependent on sovereign states, and particularly on the world's leading powers. These states can provide the diplomatic, economic, and military clout the court often needs to get cooperation-and to arrest suspects. But states don't expend precious political capital lightly, and the court has often struggled to get the help it needs. When their interests are most affected, moreover, powerful states usually want the court to keep its distance. Directly and indirectly, they make their preferences known in The Hague. 

Rough Justice grapples with the court's basic dilemma: designed to be apolitical, it requires the support of politicians who pursue national interests and answer to domestic audiences. Through a sharp analysis of the dynamics at work behind the scenes, Bosco assesses the ways in which powerful states have shaped the court's effort to transform the vision of international justice into reality. This will be the definitive account of the Court and its uneven progress toward advancing accountability around the world.

The International Criminal Court in a World of Power Politics

Rough Justice

AI, Big Data, the Environment and the Courts

The Future of Justice

Hart Studies in Information Law and Regulation

Provides a clear understanding of data protection and privacy and examines their social value amid political struggles and the AI revolution.

Legal and Philosophical Perspectives

Conceptions of Data Protection and Privacy

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

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

New Directions in Critical Criminology

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Written by experts in the field, this book critically evaluates what restorative justice means today in its various different contexts and examines how the current state of research succeeds or fails in capturing the true state of the art.

Restorative Justice Practice

This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. The book's discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France.

Miscarriages of justice and their causes are an endemic part of criminal justice systems the world over. This book offers a broad and systematic introduction to the study of miscarriages of justice by defining them and examining the dimensions, forms, and scale of the problem. The work examines the causes in detail with reference to key cases while also exploring official and unofficial responses. It presents an evaluation of varied perspectives on recognising and rectifying miscarriages of justice, and considers debates concerning Innocence projects, family campaigns and technical fault in the justice process versus innocence as desirable mechanisms for scrutinising justice flaws. The book’s discussion of how specific cases and campaigns have acted as drivers for change in relation to policy, practice and legislation aims to minimize future miscarriages of justice. The final chapters of the book apply a comparative approach, comparing the experiences of England and Wales to those of the United States, Canada, Australia and New Zealand and France, thus providing an international perspective on the subject.This book will be an essential reference for students, researchers, practitioners and policy-makers working in the area of criminal justice.

Miscarriages of Justice in Contemporary Context

The Rule of Law in Context

How and why do the rule of law ideas shape the origins and functioning of the Russian state and society? 

This book explores how, over two centuries, the Russian meaning of the rule of law has been reflected in the legal doctrine, legislation, formal and informal practices of legal and political institutions, and also everyday life and the perceptions of Russian citizens at large and certain minority groups. 

The authors argue that legal dualism – the tension between constitutionalism and political expediency – explains the rise and fall of multiple ways in which the parts of the Russian state interact with each other and with citizens, and in which citizens and businesses interact among themselves both at home and abroad. 

Explaining the peaceful co-existence of these multiple ways of law, this book goes beyond the mainstream accounts of instrumental uses of law and lawlessness in Russia and offers novel ways of understanding the myriad ways in which law may matter in authoritarian regimes.

Power of Rulers, Power of Rules: Russia’s Legal Dualism in Action

The Rule of Law in Russia

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union's law-making, as well as its practical application.

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. 

EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. 

Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

Legislative and Judicial Approaches

EU Regulations in Practice

Law, Development and Globalization

Sovereignty, Human Rights and Global Order addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance. Sam Adelman offers a sustained examination of the contemporary phenomenon of sovereignty, arguing that it is only in overcoming the sovereign capacity to condone unnatural death that the possibility of an alternative, and human rights based, global order lies.

Addresses the question of whether sovereignty is an instrument of, or an impediment to, cosmopolitan visions of global governance.

Sovereignty, Human Rights and Global Order

Rethinking Legitimacy

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