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Christian Thorning: The Danish EU
Opt-Outs

The Danish EU Opt-Outs

Their Legal Significance, Past and Present

Studies in International Law

"This book provides clarity on the complex challenges of sea migration by offering a rule of law reading of the question, drawing on both black letter law and empirical data. This allows it to broaden the perspective of existing scholarship. It takes as its central case study the experience of Italy, exploring the legal issues in play there and its institutional practices and policies. It goes on look at the wider EU experience, particularly at the problems common to southern EU states. The book allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today"--

Responses to Sea Migration and the Rule of Law

Exploring Dietary Preferences, Novel Ingredients and Techniques

Beyond Halal

Discourses of Law

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

Identifying crucial deficiencies in the legal theories of Hart and Dworkin, The Rule of Reason in European Constitutionalism and Citizenship draws on the work of Habermas and Alexy in order to elaborate a new juridical conception of citizenship.

The Rule of Reason in European Constitutionalism and Citizenship

The Enduring Legacy of a Victorian Constitutionalist

Twenty-First Century Perspectives on the Scholarship of AV Dicey

Modern Studies in European Law

Wider Europe and the Extended Eu's Legal Space

EU Neighbourhood Law

Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for both the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. It also encapsulates the idea that courts can 'read down' or narrow the effect of general or ambiguous legislation to protect fundamental common law norms. These deceptively simple notions have a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

About the Great Debates in Law Series:
The Great Debates series is designed to provide engaging and accessible analysis of the more advanced legal concepts. For books in the major taught subjects, such as Public Law, the series is designed for use by ambitious students alongside a main course textbook. For books addressing subjects that are less often taught (e.g. Family Law), the series provides a clear and critical exposition of the key areas of debate. By focussing on particular questions and tensions underlying a subject, Great Debates titles encourage students to think critically, analyse a topic and gain additional insights. These skills and the discursive nature of the series, with an emphasis on contentious topics, are also useful for students when preparing their dissertations.

About Great Debates in Public Law:
There are plenty of core textbooks dealing with Public Law, however few books attempt to draw out the contextual and critical aspects of this topic and there is an absence of critical texts designed for law students. The main textbooks approach the law in a more doctrinal way, whilst Great Debates in Public Law focus on particular questions and encourage students to think critically. This new title will discuss key debates associated with Brexit and the UK Constitution such as Does the UK Constitution enable the Government properly to be held to account? and Should the royal prerogative be abolished? It will also include expert views, end-of-chapter conclusions and suggested further reading at the end of each chapter, in keeping with other Great Debates books.

Great Debates in Public Law

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

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

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

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

The Danish EU Opt-Outs

Bibliografische Angaben

Schlagworte

Bibliografische Angaben

Schlagworte

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