Now in its third edition, this title is completely updated with all recent developments incorporated in both new chapters and the existing ones.
This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.
To mark the fiftieth anniversary of the International Court of Justice, a distinguished group of international judges, practitioners and academics has undertaken a major review of its work. The chapters discuss the main areas of substantive law with which the Court has been concerned, and the more significant aspects of its practice and procedure in dealing with cases before it. It discusses the role of the Court in the international legal order, and its relationship with the UN's political organs. The thirty-three chapters are presented under five headings: the Court; the sources and evidences of international law; substance of international law; procedural aspects of the Court's work; the Court and the UN. It has been prepared in honour of Sir Robert Jennings, judge and sometime President of the Court.
This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised, and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Discrimination at Work
Author: Marie Mercat-Bruns
Publisher: Univ of California Press
Includes interviews with American professors of law.
This collection of essays interrogate and extend the work of Jerry Mashaw, the most boundary-pushing scholar in the field of administrative law.
This volume addresses an important historiographical gap by assessing the respective contributions of tradition and foreign influences to the 19th century codification of criminal law. More specifically, it focuses on the extent of French influence – among others – in European and American civil law jurisdictions. In this regard, the book seeks to dispel a number of myths concerning the French model’s actual influence on European and Latin American criminal codes. The impact of the Napoleonic criminal code on other jurisdictions was real, but the scope and extent of its influence were significantly less than has sometimes been claimed. The overemphasis on French influence on other civil law jurisdictions is partly due to a fundamental assumption that modern criminal codes constituted a break with the past. The question as to whether they truly broke with the past or were merely a degree of reform touches on a difficult issue, namely, the dichotomy between tradition and foreign influences in the codification of criminal law. Scholarship has unfairly ignored this important subject, an oversight that this book remedies.
Introduction to Belgian Law
Author: Hubert Bocken, Walter de Bondt
Publisher: Kluwer Law International
Introduction to the Laws.....Series Volume 3 This introduction identifies the basic legal sources, institutions and concepts, it offers a systematic and critical description of the principal branches of the law and it provides the necessary historical background. Each of the 16 chapters is concluded with a selected bibliography. The book is written for a diversified, primarily non-Belgian readership including practising lawyers, business people, government officials, researchers, and students interested in a reliable overview of Belgian law and institution.
A comprehensive analysis of the bass lines of one of the greatest legends of jazz bass. Includes several full-length transcriptions as well as theory, exercises and insights to his style. Revised edition. "I've just finished reading the book, "THE MUSIC OF PAUL CHAMBERS." As a bassist found it very informative, and as a reader of many books, found it very well organized, thoughtful, and very moving. This book is a must for all bassists !!" - Ron Carter
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Political science scholars consider the four-volume work Transitions from Authoritarian Rule to be a foundational text for studying the process of democratization, specifically in those cases where an authoritarian regime is giving way to some form of democratic government. The most important of the four books is without a doubt the fourth volume, Tentative Conclusions about Uncertain Democracies, also known as "the little green book." Transitions from Authoritarian Rule was the first book in any language to systematically compare the process of transition from authoritarianism across a broad range of countries. Political democracy is not the only possible outcome. Guillermo Oâ€™Donnell, Philippe C. Schmitter, and Laurence Whitehead emphasize that it's not the revolution but the transition that is critical to the growth of a democratic state. This ground-breaking insight remains highly relevant as the ramifications of the Arab Spring continue to play out. This reissue features a new foreword by Cynthia J. Arnson, director of the Latin American Program at the Woodow Wilson International Center for Scholars, and Abraham F. Lowenthal, founding director of the Latin American Program, who wrote the original volume's foreword. -- Nancy Bermeo
Drawing on his long experience in intelligence the author examines the ethical problems that intelligence activity can create. He proposes a doctrine for the guidance of intelligence officers of minimum trespass which parallels the military doctrine of minimum force.