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Klamert M: Structural Principles of EU
Law

Structural Principles of EU Law

Diverse Voices in Intellectual Property Law

This book explores the foundations of the principle of altruism and its relationship to the criminal law, examining the contrasting justifications for the duty of easy rescue and the duty of tolerance, both of which are based on altruism. Since the days of Lord Macaulay and James FitzJames Stephen, it has been said that English law does not usually punish omissions, and that altruistic duties are incompatible with the spirit of the common law. This book aims to show that this is not an accurate description of English criminal law, and that there is a strong case to be made for the opposite understanding, based on principles advanced by authors such as Adam Smith, Jeremy Bentham, John Stuart Mill and others. By analysing the duty of easy rescue - which imposes on individuals a duty to take steps to rescue a person in danger if this can be done without risk to the rescuer, or at least a duty to call the emergency services - and by comparing it with the well-known duties arising in cases of extreme necessity, it can be shown that altruism has plenty to say in different parts of the criminal law. Having established the case for criminalising the failure to provide a simple rescue, a detailed analysis is made of the form that this criminalisation should take, bearing in mind the basic principles of English law and considering the strengths and weaknesses of the duty of easy rescue as it is formulated in various continental systems, including the German, French, Spanish and Italian criminal codes.

Duties of Rescue and Tolerance

Altruism and the Criminal Law

This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.

Challenges and Opportunities

Emerging Constitutionalism in South Sudan

Routledge Research in Human Rights Law

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

Jurisdiction, Immunity and Transnational Human Rights Litigation

Landmark Cases

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

Substantive Cases

Landmark Cases in EU Law, Volume 2

Law and the Unity of Practical Reasoning

Law, Policy and Practice

Housing Debt and Home Loss

Available open access digitally under CC-BY-NC-ND licence. This groundbreaking volume exposes the systematic violence embedded within the UK's asylum system as experienced by unaccompanied children and young people. Drawing on innovative participatory research methodology, the authors reveal how 'hostile environment' policies create devastating 'tipping points' that transform bureaucratic processes into acts of structural violence. Through rigorous legal analysis and compelling empirical evidence, this essential text challenges readers to confront the profound human cost of hostile immigration policy while offering concrete strategies for trauma-informed reform. It is an urgent call for systemic change that will resonate with academics, policy makers and practitioners across law, social work, migration studies and human rights.

Unaccompanied Young People's Experiences of and Responses to Seeking Protection in the UK

Asylum as Violence

Hart Studies in Constitutional Law

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a “slimmed down”, more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Regency, Counsellors of State, and the Future of the Modern Monarchy

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

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation - Comparative Perspectives

Studies in Private International Law

This monograph provides an in-depth analysis of Article 7 of the Rome II Regulation, and its interplay with other EU PIL provisions, from a litigation perspective. Simultaneously, due to its critical approach, it provides a blueprint for the European legislator to implement future legislative amendments in the said rules, in order to suppress their limitations. Overall, the book reaches conclusions on:
*whether it is effective at all, from the standpoint of environmental protection, to intervene in environmental matters though PIL means; 
*whether PIL interventions in environmental matters enhance and spread the EU’s environmental law policy, both inside and outside the EU
*whether the EU is adequately using the PIL tools at its disposal to intervene in (environmental) global governance.

Choice of Law as a Tool of Environmental Global Governance

Private International Environmental Litigation before EU Courts

Structural Principles of EU Law

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