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Harlow R: The President vs. The Court

The President vs. The Court

United States v. Nixon and the Limits of Presidential Power

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 celebrates the life and legacy of one of Ireland's greatest ever jurists - Gerard Hogan. Across his career as an academic, Advocate General at the Court of Justice of the European Union, and judge of the High Court, Court of Appeal, and Supreme Court of Ireland, Gerard Hogan has had a profound influence on public law. He is widely regarded as Ireland's leading legal scholar, particularly in constitutional law, administrative law, and EU law. The volume in his honour focuses on the central role of courts in public law. It examines how courts shape constitutional systems, interpret legislation, hold public authorities accountable, and protect rights, while maintaining the balance between the executive, legislature, and citizens. Drawing on themes developed in his scholarship, opinions, and judgments, the book addresses issues such as judicial review, constitutional oversight, the rule of law, and the relationship between judicial independence, public confidence, democracy, and accountability. It also considers comparative and global perspectives on how courts perform these functions across different jurisdictions. Reflecting on Gerard Hogan's enduring contributions to debates on judicial review, separation of powers, fundamental rights, and judicial decision-making, the book serves as both a tribute and a lasting scholarly resource. At a time of ongoing constitutional challenges in Ireland and across Europe, it offers a timely reflection on the principles of public law that Gerard Hogan has shaped over several decades, both on and off the bench.

Liber Amicorum in Honour of Gerard Hogan

Public Law and the Centrality of Courts

Bigamy and the Law in England and Wales, 1604-2024

Double Trouble

This is a study of elite English men of English law and the methods they used to retain and justify their power and privilege, through controlling the story of the legal person. It looks at how these men of legal authority thought of themselves and their institution; how they studied and explained law; and how they put themselves in the middle of it, as the standard human in need of legal regulation and protection and in charge of that regulation and protection, and assigned to women an inferior legal role and being. The main strategy used to do all this was manipulation of the concept of 'the legal person'. From the 1860s to the 1920s the courts declared that women were not 'persons' who could exercise public power - to vote, to sit in Parliament, to gain degrees, to be lawyers. Up to the end of the 20th century, and into the 21st, women's personhood remained precarious in the private sphere, for rape was excused within a marriage and female reproduction remained under state control (as it still does). The book examines the active exclusion of women from the means of making legal meaning, especially the ability to shape law's central concept and shows the epistemological effects of this sex differential of legal power which are still felt today. Leading legal thinkers who helped to masculinise the concept of the person, to the detriment of women, are still revered. Law's continuing male orientation is neither seen nor acknowledged and the legal person is treated (falsely) as if he had always been and remains anyone.

Why the Legal Person Remains a Man

Manning the Law

This volume is the first in-depth collection to explore the impact of language on the field of comparative constitutional law. It addresses the epistemological and conceptual implications of English as the lingua franca. In this regard, it considers the global influence of Anglophone jurisdictions in orienting the discourse through the identification of concepts, designs and ideas that warrant engagement and exploration outside of those origin jurisdictions. In doing so, the book underscores that language is not a neutral device but can produce hegemonic pressures and expectations. It further makes the role of language in conducting comparative constitutional law explicit, so that its users can be more deliberate in their selection of foreign materials and are made conscious of the limitations of their findings due to language barriers. The book calls for a reckoning with the rich constitutional vocabulary that non-Anglophone jurisdictions have to offer to ensure a more holistic approach to the creation of knowledge. It also emphasises the need for the contextualised study of constitutional phenomena to appreciate how these are shaped by linguistic choices. In addition to raising awareness about language's significance as an epistemological, conceptual and methodological device, the volume also puts forward constructive tools and techniques to harness language's potential, making it an indispensable resource for scholars, students, lawmakers and judges.

Questioning Hegemonies

The Language of Comparative Constitutional Law

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

The Era of Political Partisanship on the U.S. Supreme Court

The Partisan Court

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

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

Learnings from Stability Theory of Complex Systems

The Resilience of Democracy

This volume explores the various intellectual property dynamics that emerged during the Cold War, circa 1946-1980. This period brought about some of the most poignant moments in the development of twentieth-century international intellectual property rights, when competing economic systems recognised the value in innovation, human creativity, cinema, and international intellectual property norms and institutions. Examining these developments from a Cold War approach can say much more as it allows for the examination of processes and norms that cater to strong domestic intellectual property rules in Western capitalism while yielding to 'universal' or 'common' property norms in copyright in socialist states. This volume connects some of the different advances made in the international emergence of these competing developments regarding intellectual property rights and emphasises the role of intellectual property institutions, processes, and universalism that helped keep Cold War rivals on the same normative, foundational street for intellectual property rights. Contributors are: P. Sean Morris, Peter. B. Maggs, Lodewijk van Dycke, Hans Morten Haugen, Phillip Johnson, Jose Bellido, Johanna Gibson, Sarah Rajec, Hannibal Travis, Johanna Dahlin, and Jocelyn Bosse.

The Cold War Structure of International Intellectual Property Law, 1946-1980

Gaskell and the Law

The President vs. The Court

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