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Christian Thorning: The Danish EU
Opt-Outs

The Danish EU Opt-Outs

Their Legal Significance, Past and Present

Administrative Tribunals in the Common Law World

A History of Islamic Constitutionalism

Radical Separation of Powers

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 the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. This deceptively simple notion has 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

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

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

Constitutionalism in Latin America and the Caribbean

Constitutional Reasoning in Latin America and the Caribbean

Hart Studies in Comparative Public Law

The Use of Foreign Precedents by Constitutional Judges in the 21st Century

Judicial Bricolage

The Case of Germany's Basic Law

Constitutional Effectiveness

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

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

The Enduring Legacy of a Victorian Constitutionalist

Twenty-First Century Perspectives on the Scholarship of AV Dicey

“…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 Danish EU Opt-Outs

Bibliografische Angaben

Schlagworte

Bibliografische Angaben

Schlagworte

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