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The Brexit Challenge for Ireland and the United Kingdom
Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.
The Scottish Independence Referendum
The September 2014 Scottish independence referendum was an event of profound constitutional and political significance, not only for Scotland, but for the UK as a whole. Although Scottish voters chose to remain in the UK, the experience of the referendum and the subsequent political reaction to the 'No' vote that triggered significant reforms to the devolution settlement have fundamentally altered Scotland's position within the Union. The extraordinary success of the Scottish National Party at the 2015 General Election also indicates that the territorial dimension to UK constitutional politics is more prominent than ever, destabilising key assumptions about the location and exercise of const...
Property and the Law in Energy and Natural Resources
The law of energy and natural resources has always had a strong focus on property as one of its components, but there are relatively few comparative, book-length, treatments of both property law and energy and natural resources law. The aim of this edited collection is to explore the multiple dimensions of the contemporary relationship between property and energy and natural resources law. Its genesis was the growing resurgence of global interest in questions of property in energy and resources and how it manifests itself across legal regimes around the world. With an international and comparative character, the collection seeks to capture differences in the meaning of property, and the diff...
The UK Constitution After Miller
Foreword / Sir Stephen Sedley -- The Miller tale : an introduction / Mark Elliott, Jack Williams and Alison L Young -- Prerogative powers after Miller : an analysis in four E's / Jack Williams -- Miller and the prerogative / Anne Twomey -- Miller, treaty making and the rights of subjects / Eirik Bjorge -- Miller, EU law and the UK / Paul Craig -- Of power cables and bridges: individual rights and retrospectivity in Miller and beyond / David Howarth -- Constitutional change and territorial consent : the Miller case and the Sewel convention / Aileen McHarg -- Sovereignty, consent and constitutions : the Northern Ireland references / Gordon Anthony -- The Miller case and constitutional statutes / Sir John Laws -- Sovereignty, primacy and the common law constitution : what has EU membership taught us? / Mark Elliott -- Miller, constitutional realism and the politics of Brexit / Richard Ekins and Graham Gee -- Miller and the future of constitutional adjudication / Alison L Young
Energy Justice and Energy Law
Energy justice is increasingly a purposive element of energy law and regulation. This collection explores how laws are constructed and how they could be applied in future to support an international transition in energy regulation in response to the challenges of climate change, whilst ensuring that energy is made available to all.
The Judicial Mind
This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptio...
The Brexit Challenge for Ireland and the United Kingdom
Since the 1950s, European integration has included ever more countries with ever-softening borders between them. In its apparent reversal of integration and its recreation of borders, Brexit intensifies deep-seated tensions, both institutional and territorial, within and between the constitutional orders of the United Kingdom and Ireland. In this book, leading scholars from the UK and Ireland assess the pressures exerted by Brexit, from legal, historical, and political perspectives. This book explores the territorial pressures within the UK constitution, connecting them to the status of Northern Ireland before exploring how analogous territorial pressures might be addressed in a united Ireland. The book also critically analyses the Brexit process within the UK, drawing on Irish comparative examples, to assess unresolved tensions between popular mandate, legislative democracy, and executive responsibility. Through practical application, this book explores how constitutions function under the most intense political pressures.
The Cambridge Companion to Public Law
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
The Changing Constitution
Previous edition, 1st, published in 1985.
The Human Rights Fundaments of Conservation in the Context of the Extraction of Energy Resources
Energy is the driving force of human development and economic growth. The ceaseless demand for energy resources has triggered the development of extraction projects around the world. This, in turn, has exerted a significant pressure on natural resources as well as on the environment. Since the performance of human rights depends on the environment and on access to natural resources, this Study aims to show the extent to which the negative environmental impact arising from extraction operations prevents the effective realization of human rights. The analysis of substantive and procedural human rights in the light of the case law of international human rights courts provides all stakeholders involved in an energy extraction project with the tools and mechanisms to prevent environmental damage and to ensure the protection of human rights.
