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This book analyzes the benefits of and legal concerns in connection with the delegated legislation of the Shenzhen Special Economic Zone as a prime example of experimental legislation in Chinese law. It offers solutions for improving the legal design of experimental regulations in Special Economic Zones by striking a balance between the pursuit of rapid socio-economic progress on the one hand, and the increasing need and will to govern by the rule of law on the other. The book offers a valuable guide for the academic community and legal practitioners, as well as students eager to gain insights into Chinese constitutional law and the conflict between legality and achieving reforms.

EU law consists of several thousand acts of which the overwhelming majority are made by the Commission. The Commission is controlled by comitology, a system of committees of member state representatives that are consulted when new acts are proposed. This book looks at why the system was created, how it functions and how it has evolved.

The Medicines Act 1968 together with its delegated legislation comprehensively controls the manufacture, packaging, labelling, distribution and promotion of medicines for both human and animal use in the United Kingdom. It also controls the import and export of such medicines. It replaced a patchwork of controls which evolved over a century. Since its enactment, more than 150 items of delegated legislation (orders and regulations) have been made under its provisions and about 130 are still operative. The sheer physical bulk of this mass of material causes difficulty, not only in comprehension but also in finding the detail so often required. The situation is exacerbated by the fact that some pieces of legislation have been amended several times. My principal aim is to provide a reference book which contains all of the provisions of the Act and its various orders, regulations as amended to date. The material is arranged to facilitate the search for detail. In order to assist the reader in finding his way through this maze, Chaper 1 consists of a survey of the situation which existed before the Act came into being, together with a synopsis of the present controls. This should enable the reader to appreciate the changes which have occurred and how the system works.

This book examines the operation of the rule of law in the non-liberal democracy of Singapore.The rule of law in Singapore has been both lauded for anchoring efficient and effective government and lambasted for being procedural and statist. 21st-century Singapore has experienced modest political liberalisation, manifesting a paternal democracy where the governor-governed relationship is evolving, from a'father knows best'paternalistic mindset to a more consultative approach to governance, where dialogue rather than diktat is the norm in a post-deferential era. The Singapore case study helps pluralise the rule of law as a universal principle which moderates power, and may be variously implemented. The book examines the reception of the rule of law within the Singapore legal order, and how it interacts with constitutional principles like the separation of powers and democracy in the design of constitutional institutions and forging of structural and rights-oriented judicial review. It considers how the rule of law, contoured by legal communitarianism, sustains a managed democracy in relation to legislation governing internal security, public assemblies, religious harmony and online falsehoods. It questions whether the chilling of political speech by strict laws on political defamation and contempt of court has been significantly defrosted by important developments which seek ordered liberty through a more calibrated form of review.Lucid and engaging, this book will be of interest to researchers working in constitutional law.

Can you avoid any law you do not consent to? Can you avoid paying taxes by declaring yourself sovereign? Do courts operate under admiralty or maritime law? No. But welcome to the strange world of pseudolaw.This is the first-ever edited volume solely dedicated to examining pseudolaw and its most prominent adherents, sovereign citizens. Drawing on the expertise of judges, criminologists, legal theorists and political sociologists, this collection offers insights into the global growth and alarming adaptability of pseudolaw. While it might be tempting to laugh at the ridiculousness of pseudolaw, it is a serious matter. People who make these claims rob themselves of meaningful legal opportunities and impose great costs to themselves, the administration of justice, and the community. Pseudolaw is also linked to violent extremism and indicative of growing social insecurity.Part I offers ways to analyse and differentiate pseudolaw from other forms of conspiracy ideation and fringe legal interpretation. Part II examines the rise of sovereign citizens and the global spread of pseudolaw. Part III explores contemporary issues arising from pseudolaw, including the rise of far-right extremism, lay-persons in judicial proceedings, fake claims of indigeneity, and fraudulent'get out of jail'schemes. It concludes by considering how we can respond to this phenomenon.

This book presents the origins, doctrine, institutions, and challenges confronting modern administrative law in Central and Eastern European countries. Administrative law was first defined by a Polish lawyer in the 19th century, but for historical reasons, there has been little scholarship on the subject in relation to countries in the region in recent times. This book fills this gap in the literature. It examines the roots and structure of administrative law in the Czech Republic, Hungary, Latvia, Lithuania, Poland, the Slovak Republic, and Ukraine. Each chapter examines the key concepts including historical background, the system of administrative law, the civil service, the spectrum of administrative activity, judicial review and other types of control over public administration, and administrative liability. The impact of European Union law on the legal order of the countries is also reviewed. The book will be of interest to students, academics, and researchers working in the areas of administrative law, public law, comparative law, and legal history.

As computational power, the volume of available data, IT systems'autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena.The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard.Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes.Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors.The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

Spricht man rechtsvergleichend über die Rolle des Richters im Zivilprozess, hält sich die Vorstellung eines passiven, schweigenden Schiedsrichters im common law im Gegensatz zu einem aktiven, die Parteien unterstützenden und um Wahrheitsfindung bemühten Richter im civil law. Johannes Alexander Kist untersucht, welche Rolle die deutschen Richter und ihre englischen und US-amerikanischen Kollegen bei der Prozessleitung tatsächlich einnehmen. Anlass der Untersuchung ist der Bedeutungsverlust des Zivilprozesses in Deutschland, England und den USA, gekennzeichnet durch den Rückgang der Fallzahlen und das Phänomen des'vanishing trial'. Die Aktivierung des Richters, die derzeit weltweit als Trend zu beobachten ist, gilt als Möglichkeit, den bestehenden Problemen und neuen Herausforderungen entgegenzutreten und die Ziviljustiz wieder zu stärken.

This book presents interdisciplinary and comparative analyses of judicial independence in transitional democracies across Asia, Latin America, Eastern Europe, the Middle East, and Africa. Although judicial empowerment and independence in transitional democracies have gained both academic and real-world prominence in recent decades, an ongoing debate persists regarding the nature, scope, and determinants of judicial independence in transitional settings. Some transitional democracies successfully develop democracy and the rule of law with the sustained growth of judicial independence, whereas others grapple with substantial challenges and move more towards authoritarianism. This book examines factors that drive de jure and de facto judicial independence in transitional democracies and evaluates their relationship. In doing so, it identifies challenges and opportunities associated with developing judicial independence in transitional democracies. At the intersection of political science and law, the work will be a valuable resource for academics, researchers, and policymakers in constitutional law, constitutional politics, and human rights law.

Providing a comprehensive and comparative analysis of the legal approach to key areas of law within different legal systems, this book offers a blueprint for comparative legal study by evaluating the current epistemological debate on comparative law and comparative legal research methods.Substantive law, the law of obligations, commercial and corporate law within the major legal systems of the world are all examined and compared. While France and Germany are generally used as the archetypal civil law jurisdictions and English law as the main common law comparator, this third edition also examines the Russian Federation in the post-Soviet era and socialist legal influences as well as non-Western legal traditions. Fully updated and revised to include all recent developments, this edition also includes a broad historical introduction and outlines changes in EC Law.It assesses the possibility of Europeanization of national legal systems and certain legal topics, the impact of the globalization of legal institutions and the evolving'new world order'in the early twenty-first century.Written in a clear, user-friendly style, Comparative Law in a Changing World is an accessible source for undergraduates and postgraduates wishing to trace the influence of common law and civil law legal traditions on jurisdictions across the world.

This book is a response to the dangers posed to constitutional democracy by the continuous growth of executive power and the simultaneous decline of parliaments'role in policy formation. These phenomena are often manifested in the manipulation and even the violation of the rules of parliamentary law-making, called irregularities. If left without consequences, these irregularities can ultimately lead to the elimination of the procedural constraints imposed on the ruling political forces to prevent their arbitrary exercise of power. This work investigates the constitutional significance of the irregularities of parliamentary law-making and explores the role that courts play in the remedy of these flaws. The analysis is premised on the concept of equilibrium. This explanatory concept denotes an ideal state in which parliamentary law-making complies with the requirements of constitutionalism, and judicial review is conceptualized as a mechanism suitable to achieve this aim. The volume places the judicial review of the regulation and the practice of parliamentary law-making at its center and discusses all the relevant legal concepts, institutions, and doctrines. It combines theoretical analysis with case law-centered comparative research covering a large number of decisions delivered by apex courts operating in various jurisdictions. Due to this methodological choice, the book aims to simultaneously contribute to the scholarly discourse and provide useful information to practicing lawyers and policymakers working in the areas of constitutional law and politics and comparative law.

This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people's privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims'lives.In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR).The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.

This book aims to give a comprehensive picture of law, government and the constitution in Malaysia, and to set constitutional developments in their proper political and social context. It is written in such a way that lawyers may see how perspectives other than the purely legal can enrich the understanding of constitutional issues in Malaysia and that others may comprehend the lawyer's perspective on these issues. There has been an increasing interest in constitutional issues in Malaysia since the mid-1980s following a number of important events, including the advent of judicial activism and the curtailment of royal powers. There is now a pressing need for a reappraisal of the Malaysian constitution in terms of its political and social dimensions and dynamics, and the extent of its adherence to, or its interpretation of, those principles which are collectively known as `constitutionalism', that is, democratic government, the rule of law, the separation of powers, and the observance of fundamental human rights and liberties. The book examines how the constitution has adjusted to its environment, how it actually operates and how its abstractions differ from reality. The author concludes that the principles of the constitution have been eroded to such a degree that a new constitutional settlement is needed - one which makes it clear what the basic tenets of the Malaysian polity are.

This is the first comprehensive account in English of the human rights jurisdiction of the Supreme Constitutional Court of Egypt. The Court has full judicial review powers under the 1971 Egyptian Constitution and has played a central role in defending democratic vallues and in implementing international human rights standards in this pivotal Islamic country.The book includes chapters written by the Chief Justice, Dr. Awad Mohammad El-Morr, and other members of the judiciary. It contains a digest of key human rights judgments along with the texts of the Constitution and the Statute of the Supreme Constitutional Court. The book also examines the influence of United States constitutional law as well as international human rights law on Egypt's highest court.

The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States'protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements.The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future.The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.The Introduction and Chapter 6 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.

This book addresses two questions: firstly, how has the fight against COVID-19, especially the individual and collective responses of Latin American nation-states, influenced the relationship between power, people, and statebodies? And secondly, has democracy taken a step back and allowed pandemocracy to replace its long-term legitimising function?Adopting a Global South perspective, the book explores the constitutional, political and institutional measures that paved the way for several aggressive state policies in various Latin American countries during the COVID-19 pandemic. The contributions provide a detailed review of democratic decay and the'rule of law'impairment in many countries of the region. The book goes beyond mere observation and explores all the main theoretical elements that can lead to a more comprehensive understanding of the political and normative impact of the pandemic. In terms of constitutional design and concerning the actual behaviour of political bodies, the fairness and efficacy of Latin American state responses during the COVID-19 pandemic did not rely on civic culture, executive goodwill, or boldness on the part of the judges. The aim of this volume, therefore, is to unravel the most subtle elements of a very puzzling situation.Multidisciplinary perspectives are deployed to explore how democratic standards and goals have been reshaped by nuanced constructions of certain atavistic normative ideas or even by non-constitutional policies. The book sheds light on the underlying connection between politics and law.

This book brings together a group of leading scholars working in public law and constitutional theory. It examines accepted leading works of public law while also exploring those that deserve greater attention. Over 13 chapters, a group of leading public law experts each examine one leading work from the UK public law canon. Each chapter critically reflects on the context of a work in public law, taking into account not just the work and its context but also how it shapes and contributes to the broader discipline. The final chapter offers an international overview of the chapters themselves, reflecting critically on the scholarly canon of UK public law from the perspective of American constitutional scholarship. The book will be of interest to scholars and students of constitutional law.

This book evaluates how the legal, institutional and policy frameworks for Unmanned Aircraft Systems (UAS) in the United States, South Africa and Kenya have addressed the current needs and challenges involved in these systems'operation and integration into regulatory frameworks for civil aviation. It shows how the three states have developed their own constitutional frameworks, legislation, regulations, policies and strategic plans to address the challenges that emanate from integrating UAS into the civil aviation airspace.The book details the three countries'integration experiences, investigating the extent to which existing international regulatory frameworks address the various concerns, and identifies the common thread that runs through UAS regulation, as well as each country's unique issues and path to integration. Recognizing that the approach for integration of UAS into civil aviation needs to be gradual and pragmatic, the book recommends scalingup institutional capacity, coordination and funding, and intensifying regional efforts to redefine and support UAS integration.

Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses. Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism. At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.

This book provides a deep dive into the important issue of digital law. Researchers, students, and policymakers interested in digital law will find this book invaluable for its exploration of the nuances of a modern scenario of law. In the first part of the book, the author explains the basics of digital law and why they are so important in today's world. Next, it delves into the promise of cutting-edge digital law. This book is an important resource for anybody, from seasoned professionals who want to keep up with the latest in digital laws to students. To aid you in understanding digital laws and making important contributions to the future of digital laws, it provides a variety of insights, case studies, and practical recommendations. This book takes a multidisciplinary approach, making it useful for a broad audience, including researchers, politicians, and students, all of whom have a stake in the direction in which our digital law are headed.

Eine gute Justizgewährung erfordert nicht nur gerechte Ergebnisse, sondern auch schnelle Entscheidungen. Das Problem überlanger Verfahrensdauer der Zivilprozesse stellt sich zwar nicht in allen Rechtsordnungen in gleicher Weise: In Deutschland kommen ca. 90% aller Zivilverfahren innerhalb eines Jahres zum Abschluß, in Italien dagegen nur 11% und in England nur 51%. Dennoch kann es auch in Deutschland - insbesondere in Bau- oder Schadensersatzprozessen - dazu kommen, daß der Kläger mehrere Jahre warten muß, bis er einen vollstreckbaren Titel erhält, denn der Richter hat nach geltendem Recht keine Handhabe, dem Kläger eine (unter Umständen teilweise) vorweggenommene Befriedigung seines Anspruchs zu verschaffen. Die Nachteile und Gefahren des Zeitablaufs, die im schlimmsten Fall zu seiner Insolvenz führen können, in jedem Fall aber seine Liquidität einschränken, trägt also in Deutschland alleine der Kläger. Die Gewährung von Verzugszinsen und -schadensersatz schafft hier nur begrenzt Abhilfe. Sven Mossler plädiert vor diesem Hintergrund dafür, nach dem Vorbild der Prozeßsysteme Italiens ('provvedimenti anticipatori di condanna'), Frankreichs ('référé-provision') und Englands ('interim payment order') ein Institut zur vorweggenommenen Befriedigung eines Zahlungsklägers bei Anhängigkeit der Hauptsache zu schaffen und formuliert einen konkreten Gesetzgebungsvorschlag.

Der Brexit ist seit 2020 vollzogen, seine Auswirkungen sind aber nach wie vor spürbar. Sie reichen bis in das Mark der britischen Verfassung und nähren unter anderem den Diskurs über eine normative Selbstbindung des britischen Parlaments, die als funktionales Äquivalent zum deutschen Verfassungsvorrang angesehen werden kann. Nicole Hövelmeyer bereitet diese bereits seit Jahrzehnten geführte Verfassungsdiskussion auf und zeigt, dass die festgestellte theoretische sowie praktische Öffnung für eine solche Selbstbindung nicht zwingend durch den Brexit rückgängig gemacht wurde. Zugleich soll mit der Betrachtung zentraler Instrumente und Rechtsinstitute der britischen Verfassungsordnung ein Beitrag zum grundsätzlichen Verständnis des Konzepts der Verfassung geleistet werden.

This thoroughly revised and updated second edition provides an enhanced understanding of EU competition law, exploring significant substantive and enforcement issues relating to antitrust, merger control, the Digital Markets Act and state aid law. While considering well-established doctrines and landmark judgements, the textbook also addresses recent developments such as digitalisation, sustainability and globalisation, and how these issues will influence future inquiry into competition law. This incisive textbook is an invaluable resource for advanced undergraduate and postgraduate students and scholars of competition and European law. It is additionally beneficial for researchers and practitioners of comparative competition law; in particular, it is a useful guide for in-house company training courses. Key Features:New discussions on the Digital Markets Act and the Foreign Subsidies RegulationCritical assessment of the impact of recent developments such as sustainability and globalisation on competition lawAnalysis of the interplay between domestic and European competition law through discussion of national competition rules and frameworksEvaluation of the role of enforcement in competition law

The book provides a discursive reflection on the current challenges facing administrative law, based on a key idea: the defence of the liberal model of society.The author describes the content of her book as a turning point on the traditional standards of the rule of law and the way it impacts on the administrative state and administrative law. Considering the current use (and abuse) of emergency law by governments – based on economic crisis, environmental crisis, pandemic, and the economic situation caused by the Ukraine war – she devises a different balance or equilibrium on the usual separation of powers. Many reasons contribute to this turning point: i) the weaknesses of an open society easily swayed by social networks; ii) social “tribalism” replaces common good and general interest; iii) social tribalism leads to illiberal society, which causes illiberal democracies; iv) illiberal democracies lead to ungovernability which reinforces the role of the government, the emergency law, and some de facto measures.The author looks at many recent decisions from the ECJ and the ECHR and some constitutional and administrative courts, which extends the interest of this work to a wide range of professionals, from scholars to students, from judges to lawyers, filling the gap from an administrative law perspective of the current issues.

Administrative tribunals are a vital part of the public law frameworks of many countries. This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges.The book includes contributions from leading scholars from all major common law jurisdictions – the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government.

Eine funktionierende Verwaltung ist unabdingbare Voraussetzung moderner Gesellschaften. Sie soll rechtsstaatlich und demokratisch legitimiert, dabei zugleich effektiv und effizient sein. In einer globalisierten, vernetzten Staatenordnung bedarf es hierfür immer stärker des internationalen Austauschs und des Vergleichs zwischen Wissenschaft und Praxis. Gerade die Rechtsvergleichung ermöglicht Irritationen und Bestätigungen gleichermaßen, wodurch ein tiefergehendes Verständnis des Phänomens Verwaltung sowie der jeweils beteiligten nationalen Rechtsordnungen, aber auch ihrer gegenseitigen Verflechtung möglich wird. Als besonders geeigneter Gesprächspartner bietet sich dabei die japanische Verwaltungsrechtswissenschaft an, bestehen doch zwischen ihr und der deutschen Rechtswissenschaft traditionell besonders enge und fruchtbare Beziehungen. Das vorliegende Werk bildet daher den Auftakt einer neuen Tagungsreihe, die den Austausch zwischen Deutschland und Japan auf dem Gebiet des Verwaltungsrechts institutionalisieren und intensivieren möchte. Die verwaltungsrechtswissenschaftliche Analyse rechtskultureller Unterschiede, aber auch ubiquitärer Herausforderungen, wie etwa Digitalisierung, demographischer Wandel oder Klimaschutz, und der hierfür jeweils gewählten Lösungsansätze bietet ein großes Reflexions- und Innovationspotenzial. Sie vermag nicht zuletzt wichtige Impulse für das Nachdenken über die Bewährung bzw. den Reformbedarf der eigenen Rechtsordnung zu liefern.

Slapper and Kelly's The English Legal System explains and critically assesses what law is, how it is made and applied, and how it affects the general public.This latest edition has not only been restructured and updated, but extensively refocused, to provide a reliable analysis of the contemporary legal system in the sociopolitical uncertainty of a post-Brexit, post-Covid UK.It retains the key learning features of: useful chapter summaries which act as a good checkpoint for students; ‘food for thought'questions at the end of each chapter to prompt critical thinking and reflection; sources for further reading and suggested websites at the end of each chapter to point students towards further learning pathways; and a fully updated online resource for students and instructors. Trusted by generations of academics and students, this authoritative textbook is a permanent fixture in this ever-evolving subject.

Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges.The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and leaders, and constitutional and legal institutions interact with each other in advancing, breaking, and remaking their Constitution. It examines the local context, parliamentary history, and interpretive tools adopted by the Supreme Court in understanding the Constitution as well as the future prospect of constitutional politics and practices. The work brings together legal professionals and constitutional law scholars to encapsulate the panorama of the country's constitutional evolution. The authors look back to the history of constitution-making, to reflect critically on the present in light of the founding goals, spirits, and aspirations and with a view to offering a forward-looking and resilient vision of constitutionalism in Bangladesh.The book will be of interest to researchers, academics, and policy-makers working in the areas of comparative constitutional law and politics and South Asian Studies.

In recent years, the longstanding debate between shareholder-oriented and stakeholder-oriented models of corporate governance for large listed, or'public'corporations, has experienced a resurgence. Simultaneously, a wave of new regulations has reshaped the legal landscape, compelling businesses to integrate public objectives - such as environmental protection or the social interests of specific stakeholder groups - into their decision-making processes, which were traditionally driven solely by profitability considerations. Against this background, the book brings together economic, comparative, historical, and doctrinal perspectives of scholars from US and European legal academia. The ongoing discourse regarding the fundamental role of public corporations in economies and society is vivid and rather different, across Europe, and the US. Filling a gap in comparative literature on these themes, this volume further explores commonalities across these varying legal landscapes, while remaining cognizant of distinct, cultural, legal, and economic contexts. Most strikingly, the contributions here point to the European emphasis on stakeholder-oriented regulation, in contrast to the US-American focus on shareholder value. Providing a comprehensive analysis of recent legal developments in this space, this volume serves as an essential theoretical guide to debates around corporate purpose, CSR, and ESG today.

Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system, presenting a muchneeded up-to-date overview of this rapidly changing subject.The textbook explores the five essential pillars that underpin the teaching of constitutional law, namely the institutions, legal history, case law, comparative law, and current affairs and developments. It is split into two core sections: Part I examines the basis of French constitutional law, the theoretical developments about key notions of constitutional law such as the state and the constitution, as well as the historical background to French constitutional law. Part II provides students with an understanding of the current Fifth Republic and how constitutional rules are adopted and applied, and how they affect other areas of law and politics. It offers a critical account of the 1958 Constitution's past, present, and future by placing it in its political and socio-historical contexts and critically assessing contemporary developments and constitutional reforms.Given the growing expansion of this branch of law in the French legal system, this book will be essential reading for anyone studying French Law, Law with French, Comparative Constitutional Law, and European Legal Studies.

This book focuses on enhanced educator awareness of issues involving the status of the right to education as guaranteed by various legal systems throughout the world, in light of the growing interest in comparative and international studies, including the law. Consequently, this interdisciplinary, comparative book, which includes original chapters by leading academicians with expertise in law and education, is designed to serve as a resource for researchers in education and law as well as policymakers and students. To this end, the book provides readers with an enhanced awareness of the nature of legal systems impacting education throughout the world. Education is the driving force of the world development as well as the basic way to realize human rights and values. At the same time, law plays an important role in the protection, evaluation, guidance, and promotion in the process of the development of education. The book thus has interdisciplinary appeal. Various audiences will find this highly accessible book informative and valuable, including scholars with an interest in Education Law, university faculty and classes (whether involved in teacher preparation or educational leadership), legal practitioners, and university libraries.

This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.Addressing these relationships from a comparative perspective, the Handbook illustrates how different political contexts lead to different uses of law and how courts respond to divergent political environments. An impressive array of contributors, and the editors, examine law and political systems on a global scale through either country-specific analyses, comparative analyses, or the examination of transnational institutions.Scholars interested in law and courts, judicial politics, the rule of law, and governance will find this Research Handbook to be a valuable resource. It will provide a helpful foundation for advanced students of both political science and law and will be a useful reference tool for judges and those operating in a judicial or political sphere.

This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice.Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics - to mention just a few issues - a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies.The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective -trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms - others express concern about the risk of'overloads','gaps', and'traps'. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed'pathologies of accountability', post-human governance, and a novel focus on balance and proportionality.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This thoroughly updated second edition of Advanced Introduction to European Union Law provides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action.Key Features:Citations of critical legal texts to aid clarity for readersInsights on the EU's founding treaties and how they have developed over timeAnalysis of the interactions and relations between the EU and its member statesDiscussion of both the legal and political aspects of the EU's policies and institutionsProviding an engaging entry point into the study of EU law, this Advanced Introduction will prove invaluable for students and academics in law, political science, and economics. It will also be an important resource for officials within the EU and its member states seeking a deeper understanding of the EU's many laws and policies.

Mental health law is a rapidly evolving area of practice and research, with growing global dimensions. This work reflects the increasing importance of this field, critically discussing key issues of controversy and debate, and providing up-to-date analysis of cutting-edge developments in Africa, Asia, Europe, the Americas, and Australia.This is a timely moment for this book to appear. The United Nations'Convention on the Rights of Persons with Disabilities (2006) sought to transform the landscape in which mental health law is developed and implemented. This Convention, along with other developments, has, to varying degrees, informed sweeping legislative reforms in many countries around the world. These and other developments are discussed here. Contributors come from a wide range of countries and a variety of academic backgrounds including ethics, law, philosophy, psychiatry, and psychology. Some contributions are also informed by lived experience, whether in person or as family members. The result is a rich, polyphonic, and sometimes discordant account of what mental health law is and what it might be.The Handbook is aimed at mental health scholars and practitioners as well as students of law, human rights, disability studies, and psychiatry, and campaigners and law- and policy-makers.Chapters 1, 21 and 36 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license, and Chapter 35 is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.

This book is the latest work on the reform of supervisory system by Qin Qianhong. The author demonstrates China's supervisory system at both the theoretical and practical levels, discusses the historical development of supervisory system reform in depth and offers the prospect of supervisory system from his unique perspective. Theoretically, focusing on the context of China, the book studies systematically the origin, transformation and evolution of the concept of supervision and concludes the theoretical basis, object of research and basic scope of supervisory law research, in expectation of building a theoretical system. Practically, from the perspective of China's reality, the book focuses on the studies of the crucial issues in supervisory system reform, such as the cooperation between supervisory power and prosecutorial power, and the status of supervisory institutions, aiming to provide suggestions for the supervisory system reform.

This book delivers a comprehensive, insightful, and updated analytic description of contemporary Chinese legal system. From a macro perspective, it presents, both theoretically and empirically, the evolution of Chinese law, describing its distinctive features, comparing it with other experiences across the world, and exploring the influence of economic, social, cultural, and technological factors thereon. From a micro perspective, based on the latest laws and regulations so promulgated and relevant research, this book briefly summarizes the basic theories and knowledge of existing law in the PRC, including the Constitution, civil law, criminal law, administrative law, procedural law, intellectual property law, economic law, etc. With this book, not only law students, lawyers, and those who have a background in Chinese law but also general readers can catch a penetrating glimpse into the fast-changing Chinese legal system.

This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.

This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China's administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities.The purpose of writing this book is to explore and answer the vital role of China's administrative law in coping with climate change as well as the development of theories and systems ofChina's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era.This book is the world's first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China's administrative law, especially the overall development of low-carbon administration in China.The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China's and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.

This collection contains a selection of essays by the late Professor Kurt Lipstein, who emigrated from Germany to Cambridge in 1934. It focuses on his central works on the general principles of private international law, which are characterized by his comparative approach and his attention to the many relationships between conflicts of law and questions of public international and European law. It includes Lipstein's first studies of the conflict of laws as well as his powerful Hague lecture on the basic principles of private international law and his influencing articles on the development of the conflict of laws through international courts and arbitral tribunals.

Cooperation across borders requires both knowledge of and understanding of different cultures. This is especially true when it comes to the law. This handbook is the first to comprehensively present selected legal cultures based on a very specific set of structural elements which can be found in all such cultures. Legal cultures are a product of and impacted by certain fundamental and commonly shared ideas on and expectations of the law. In all modern societies these ideas are to a certain degree institutionalized or at least embedded in institutionalized practices. These practices determine the way lawyers are educated and apply the law, how they engage with the ongoing internationalization of law and what kind of values they adhere to. Looking at these elements separately enables the reader to identify similarities and differences and to explain them contextually. Understanding these general features of legal cultures can help avoid misunderstandings or misinterpretations of foreign law and its application. Accordingly, this handbook is a necessary starting point for all kinds of legal comparative studies conducted by academics, students, judges and other legal practitioners.

Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection rights across 19 different jurisdictions representing five continents.Themes emerging from the study include the historical evolution of inspection rights, the statutory design of the inspection regime, how inspection rights interact with disclosure norms under securities regulation, and the manner in which inspection rights are actually utilized by shareholders. While there is some commonality among jurisdictions, the larger story is one of divergence, which is understandable since local needs tend to drive the design and operation of the regime.The Research Handbook on Shareholder Inspection Rights is invaluable to academics, scholars, and students working in the area of corporate law and governance, legal practitioners working in corporate law and, in particular, shareholder litigation and regulators and government bodies overseeing the corporate sector, including corporate and securities regulators.

South Asia has had a tumultuous and varied experience with constitutional democracy that predates the recent rise in populism (and its study) in established democracies. And yet, this region has remained largely ignored by constitutional studies and democracy scholars. This book addresses this gap and presents a contribution to the South Asia-centric literature on the topic of the stability and resilience of constitutional democracies. Chapters deal not only with relatively well known South Asian countries such as India, Bangladesh, Pakistan, and Sri Lanka, but also with countries often ignored by scholars, such as Bhutan, Nepal, Maldives, and Afghanistan. The contributions consider the design and functioning of an array of institutions and actors, including political parties, legislatures, the political executive, the bureaucracy, courts, fourth branch / guarantor institutions (such as electoral commissions), the people, and the military to examine their roles in strengthening or undermining constitutional democracy across South Asia. Each chapter offers a contextual and jurisdictionally-tethered account of the causes behind the erosion of constitutional democracy, and some examine the resilience of constitutional institutions against democratic erosion.

This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law – legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey – have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.

COVID-19 is the most severe pandemic the world has experienced in a century. This book analyses major legal and regulatory responses internationally to COVID-19, and the impact the pandemic has had on human rights and freedoms, governance, the obligations of states and individuals, as well the role of the World Health Organization and other international bodies during this time. The authors examine notable legal challenges to public health measures enforced during the pandemic, such as lockdown orders, curfews, and vaccine mandates. Importantly, the book contextualizes the legal analysis by examining the broader social and economic dimensions of risks posed by the pandemic. The book considers how COVID-19 impacted the operation of the criminal justice system, civil litigation concerning negligently caused deaths and business losses arising from contractual breaches, consumer protection litigation, disciplinary regulation of health practitioners, coronial inquests and other investigations of unexpected deaths, and occupational health and safety issues. The book reflects on the role of the law in facilitating the remarkable scientific and epidemiological achievements during the pandemic, but also the challenges of ensuring the swift production and equitable distribution of treatments and vaccines. It concludes by considering the possibilities that the legal and regulatory responses to this pandemic have illuminated for effectively tackling future global health crises.