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Institutional Jurisprudence Press

Jezari A: The Republic We Share

The Republic We Share

Religion, Law, and the Search for Common Ground in a Pluralistic Society

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

On Constitutional Comparison

Key Ideas in Law

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom. The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept. The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Key Ideas in Law: The Principle of Legality

International Studies in the Theory of Private Law

Constitutional Rights in Private Law

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

Hart Studies in Constitutional Theory

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

Anthropology, Law, and Political Morals

Some Versions of Legalism

Explores pivotal state and federal firearms cases and traces the conflicting legal opinions that have made the second amendment so controversial. One of the most controversial aspects of the U.S. constitution, the Second Amendment continues to divide lawmakers and the general public alike. The Second Amendment has long been the subject of myriad court cases, at both the state and federal levels. In this valuable sourcebook, close examination of these court decisions demystifies the controversy surrounding gun rights and regulations. Chronologically presenting actual court decisions from the early 1800s through the present alongside contextual information and analysis, Donald J. Campbell traces the conflicting legal opinions that have led to our current understanding of the Second Amendment. It highlights the amendment's two major controversies: the individual right versus collective right debate and the incorporation of the Second Amendment by the Due Process Clause of the Fourteenth Amendment. Chapters also thoroughly examine the most influential Supreme Court Cases that dominate popular discussions of the amendment, such as United States v. Miller, District of Columbia v. Heller, McDonald v. City of Chicago, and NYSRPA v. Bruen.

Defining the Right to Keep and Bear Arms

The Second Amendment in Court

In recent decades, doctrinal, theoretical, and sociological legal research on women's rights - as well as, more broadly, on law and gender from an intersectional perspective - has increasingly come into focus. The requirements of protection, the scope for action, and the equality of women, as well as the legal conceptualization of womanhood, are the subject of intense debate, with differing emphases across legal systems. Time and again, these fundamental rights to freedom and equality have been denied, and they are currently being questioned worldwide, particularly by illiberal and authoritarian regimes. Against this backdrop, the volume brings together current research topics on women's fundamental rights: their theoretical reconstruction, their doctrinal implementation, their enforcement in different legal contexts, and their intersectional dimensions. The contributions are organized into four thematic sections and stem from the legal conference "Female Fundamental Freedoms," held in November 2025 as a symposium of the Research Center for Fundamental Rights at the University of Bayreuth. The aim is not to provide a comprehensive account of this complex discourse, but rather to offer impulses for reflection on key contemporary questions of Female Fundamental Freedoms and to encourage further inquiry.
 

 The volume first explores the historical and theoretical foundations of fundamental rights from a feminist and intersectional perspective. It then addresses the fundamental question of womanhood as a legal category and as a point of reference for fundamental rights, drawing on selected examples from current debates. Third, it examines fundamental issues of equality in the workplace, with particular attention to experiences of intersectional discrimination. Finally, it highlights key aspects of the far-reaching legal field of reproductive rights and situates them within an international context.

Reproduktive Freiheit und fundamentale gesellschaftliche Gleichheit

Female Fundamental Freedoms

This open access book tells the story of how a standing board of judges in London has shaped the constitutional laws of Commonwealth countries through its most consequential decisions since 1833. It provides a broad-ranging critical analysis of the Judicial Committee of the Privy Council's (JCPC) constitutional influence and legacy to date as the oldest serving multinational supreme court in the world. From over 193 years of case law, 17 decisions are identified and represent, for better or worse, defining historical and constitutional moments in their respective jurisdictions and beyond. They originate from 11 countries on 5 continents, reflecting the once worldwide breadth of the JCPC's authority. Several cases from the Global South, which have tended to be overlooked in the Western literature and case law, are included. In this first-ever collection of JCPC case studies, the authors explain the court's pivotal role in redefining the relationship between the UK and the rest of the Commonwealth, articulating the structures of Westminster constitutions, and interpreting fundamental human rights. The collection offers an outlook on the JCPC's future as it carries on with its subsisting mandate in the 31 countries and territories still under its jurisdiction. The book is aimed at public law scholars, practitioners, and students from Commonwealth countries. It will also interest readers who seek to learn about the British and Commonwealth constitutional traditions. From this volume of 15 original studies on a unique judicial institution in modern history, the reader will gain a deeper comprehension of our constitutions and their mutual influences within and across legal traditions. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Foundational and Leading Constitutional Cases

The Judicial Committee of the Privy Council

Constitutionalism in Asia

This book presents an in-depth interrogation of the theory and application of the Basic Structure Doctrine in the Federation of Malaysia. The Basic Structure Doctrine, famously introduced in the 1973 Indian Supreme decision of Kesavananda Bharati v State of Kerala AIR - which held that certain core or fundamental features in the Constitution of India could not be amended by Parliament even if it met all procedural requirements - was initially rejected when it was first argued in Malaysia in the 1975 case of Loh Kooi Choon v Government of Malaysia and lay dormant for the next three decades. Judicial winds shifted in 2010 when Malaysia's apex court, the Federal Court, cited Kesavananda with approval in the case of Sivarasa Rasiah v Badan Peguam Malaysia &amp; Anor, and observed that it was 'clear from the way in which the Federal Constitution is constructed that there are certain features that constitute its basic fabric' and that 'any statute (including one amending the Constitution) that offends the basic structure may be struck down as unconstitutional.' In a quick succession of cases, the Federal Court cemented this doctrine in Malaysia's jurisprudence and deployed it to defend the court's judicial power. These widely-publicised cases generated much debate beyond the legal fraternity and judiciary and often polarised different sectors of Malaysian society. This collection of essays responds to this extremely important debate on the limits of constitutional amendments as a form of constitution-making in Malaysia by considering the theory behind the Basic Structure Doctrine and critically examining how it has been harnessed by the Federal Court and by other political actors - most notably Islamists and secularists; and royalists and republicans - on the ground.

Themes and Perspectives

The Basic Structure Doctrine in Malaysia

Modern Studies in European Law

Structural Principles of EU Law

The Republic We Share

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