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Livni J: The Resilience of Democracy

The Resilience of Democracy

Learnings from Stability Theory of Complex Systems

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

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

Gaskell and the Law

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

This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings. It presents a new theory of adjudication that incorporates both useful and modified elements of these theories. The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values. Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country's highest appellate court in order to provide a unique perspective that illustrates this new theory.

Integrating Theory and Practice

Towards a New Theory of Adjudication

Final Injunctions in Tort Law

Addressing Agency Costs Through Monitoring and Corporate Litigation

Short-Termism and Shareholder Engagement

Sustainability, Shareholder Value, and European Company Law

The Societal Company

Small State Constitutionalism

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

World Scientific Series in Global Health Economics and Public Policy

Social Capital and Health builds on the existing literature in establishing the effect of social capital on health. With contributions from scholars in the field, this book covers different aspects of social capital, including ethnicity, gender and religion, and how these impact on an individual's well-being. The book also takes on an international lens by examining the phenomenon in different parts of the world. Given the changing human interaction patterns amid the Fourth Industrial Revolution, this timely publication captures the evolving term of 'social capital' and its nuances.

Social Capital And Health

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

The Resilience of Democracy

Weitere Titel zum Thema