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Gurney J: The Trial (at Large) Of The
Rev. Henry Bate, With The Previous Proc

The Trial (at Large) Of The Rev. Henry Bate, With The Previous Proceedings, Upon An Information Exhibited Against Him By His Grace The Duke Of Richmond, For A Libel

Studies in Australian Law, Politics and History

This book lays out a roadmap for establishing common law recognition of Aboriginal customary law in Australia. Currently, Aboriginal customary law is recognised in limited circumstances through native title, which applies only to rights and interests over traditional lands or waters. This book argues that, if a carefully constructed claim is accepted by an Australian Court, Aboriginal customary law could potentially be recognised across a wide range of legal areas, including criminal law, family law, succession, environmental law, and criminal procedure. Importantly, this would also afford legal recognition to organic Indigenous governance structures. It also proposes a roadmap for establishing a hybrid equitable-constitutional fiduciary obligation that the Crown would owe Indigenous Australians. This could provide valuable protections to Indigenous rights and societies from impositions made by legislatures and executives purporting to exercise powers under the 
 Australian Constitution. Distinctive in its approach, this volume is among the first post-2020 works to explore a common law pathway for recognising and furthering the rights of Indigenous societies, governance systems, and legal frameworks, at a time when most scholarship has focused on express constitutional recognition or recognition via treaties and agreements (notably in Victoria).
 The book builds on the landmark High Court decision in 
 Love v Commonwealth 
 (2020), where the Court recognised that Aboriginal Australians, owing to their enduring connection to country, could not be considered ‘aliens’ under the 
 Constitution
 . While 
 Love 
 initially addressed alienage and constitutional protections, this work argues that its reasoning opens the door to broader common law recognition of Indigenous Australians’ rights, laws, and governance structures, beyond the scope of native title.
 Through careful legal analysis and a proposed claims framework, this book contributes to an emergent body of scholarship exploring the legal consequences of recognizing Aboriginal Australians’ enduring connection to country, offering a path toward meaningful expansion of Indigenous legal recognition in Australia, and bringing Australian law closer to the more progressive Indigenous rights doctrines of common law North America.

Strategising Opportunities for Future Indigenous Rights Test Litigation

Law, Love and Australia’s Unfinished Retreat from Terra Nullius

This book provides the first in-depth study of the crime of bigamy from the 17th century to the present day. Between 1604 and 2024, around 30,000 individuals were prosecuted for bigamy in England and Wales. A few were able to establish a defence to the charge, but most were convicted. How they were punished varied hugely across the centuries - from execution, branding, whipping, transportation, and imprisonment through to fines and community service. Double Trouble details the legal framework that underpinned such prosecutions. As a companion volume to Double Lives: Stories of Bigamy in England and Wales, 1604-2024, it sets the offence in the context of the changing laws on marriage and divorce, and examines the consequences of bigamy for those involved, including the remedies that were available to the often-deceived second spouse. Drawing on a wide array of sources from the 17th century to the present day, including formal law reports, legal treatises, newspapers, censuses, parish registers, divorce petitions and Parliamentary debates, this book shows how bigamy should be taken seriously as an offence that all too often involved deception, abandonment and heartbreak.

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

Double Trouble

The Law That Never Was

Informal Decision Making in the European Community Under the Luxembourg Compromise

Anthem Critical Introductions

A history of immigration law as a legal discipline: how it has been constrained and unconstrained by developments in migration policy, international law, constitutional law and legal theory.

An Intellectual History of Migration Law and Policy c.1535-2020

Constitutional Systems of the World

The Constitution of Switzerland

Constitutionalism in Latin America and the Caribbean

This book offers the first in-depth analysis in English of the practical dynamics of the constitutional recognition of Indigenous justice and legal pluralism in Bolivia. The 2009 Bolivian Constitution was an extraordinary attempt to wrestle the notion of the nation-state away from its European origins to imagine a new form of statehood that fully embeds Indigeneity. This turn to plurinational constitutionalism, in which Indigenous peoples and their traditions are taken to constitute one of the central pillars of the state, recognised Indigenous justice as wholly autonomous from and equal to 'ordinary' justice. The book unpacks what plurinationality stands for in this context, whether it truly brought about the transformation of social relations, and whether plurinational constitutionalism could be a viable model for other states. It showcases the many interesting and innovative aspects of the Bolivian model, which could be adapted by other countries aiming to implement the right to self-determination of Indigenous peoples more fully. At the same time, the promise of Indigenous justice and plurinational constitutionalism in Bolivia remains partially unfulfilled, for reasons that reflect a combination of local challenges and tensions inherent to the concept of plurinationalism. This book will be of interest to academics, students, practitioners and policymakers working in comparative constitutional law, Latin American studies, legal anthropology, Indigenous studies, and legal pluralism. It suggests a path for reimagining notions such as the rule of law and sovereignty as foundations for a society truer to Indigenous peoples and, more generally, to all its citizens.

Indigenous Justice in Bolivia and the Limits of Plurinational Constitutionalism

Gaskell and the Law

Visionary Creator of Coral Gables

George Merrick, Son of the South Wind

Global Perspectives on Civil Justice

This book offers a historically grounded study of judicial precedent as a source of law across major stages of Western legal development. Beginning with Roman law, it follows the changing role of judicial decisions through Visigothic law, the ius commune, Hispano-Portuguese legal tradition, and the formation of common law, before turning to modern debates on legal sources, legal reasoning, and the authority of courts. Rather than treating precedent as a phenomenon confined to a single legal tradition, the book examines how it assumes different forms and degrees of force in distinct legal orders, including both binding and persuasive authority. The study also situates these developments within broader transformations in legal thought, engaging with questions raised by codification, legal positivism, and the historical school. Its final chapters connect this long historical trajectory to the Brazilian legal experience and to contemporary discussions on the theoretical status of precedent in civil-law systems. Combining legal history with sustained conceptual analysis, the book develops an integrated account of precedent as a recurring and structurally significant feature of adjudication.

Judicial Precedent as a Source of Law

Limitation of Actions in England and Wales

Landmark Cases

Part of the iconic Landmark Cases series, this book brings the most significant cases in charity law together for the first time. More than four hundred years have passed since the Statute of Charitable Uses of 1601, whose Preamble set out a list of charitable purposes which has formed the basis of the modern legal definition of charity. This book explores the substantial body of judge-made rules and principles developed since then, highlighting a carefully curated selection of the landmark cases which have shaped charity law. Each chapter analyses one or more judicial decisions, setting them in their historical context, explaining their contemporary importance, and considering their future relevance. The selected cases cover a broad range of topics. Some go to the heart of what it means to be a charity, elucidating charity's legal definition and public benefit requirement. Others demonstrate how charity law has been shaped by its interaction with other bodies of law, including trust law, company law and equality law, and by emerging tensions between trustees' overriding duty to further the charity's purposes and broader moral obligations or ethical considerations. The book has a core focus on English precedents, but the cases are touchstones in many jurisdictions. Our contributors therefore include scholars, judges and practitioners from Australia, Canada, New Zealand and Singapore, as well as from the UK. The result is a book that sheds new light on the application and development of charity law's defining rules and principles across the common law world.

Landmark Cases in Charity Law

A Law and Economics History

Innovation and Regulation

The Trial (at Large) Of The Rev. Henry Bate, With The Previous Proceedings, Upon An Information Exhibited Against Him By His Grace The Duke Of Richmond, For A Libel

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