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This book explores the notions of global public goods, global commons, and fundamental values as conceptual tools for the protection of the general interests of the international community. It explores how states and other actors have used international law to protect general interests, and outlines significant challenges still to be addressed.
A stirring account of the years that the leftist Jewish lawyer Ernst Fraenkel spent in Nazi Germany resisting the regime.
European constitutionalisation has met with scepticism - this book analyses the steps necessary to move to EU's 'Second Constitution'.
The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized thr...
This book is about the state's approach to fraud and distortion of the truth in politics, especially during election campaigns, which characterises key distinctions between political viewpoint fraud and electoral participation fraud.
Over the past decades, the field commonly known as comparative law has significantly expanded. The multiplication of journals, the proliferation of scholarship and the creation of courses or summer schools specifically devoted to comparative law attest to its increasing popularity. Within the Western legal tradition, a traditional, black-letter approach to law has proved particularly authoritative. This co-authored book rethinks comparative law’s mainstream model by providing both students and lawyers with the intellectual equipment allowing them to approach any foreign law in a more meaningful way.
To what extent are states expected to take into account the interests of others when conducting relations with other states? This is thequestion examined by this book as it considers the various manifestations of what has been described as community interests in areas regulated by international law.
A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
This book argues for an intensely humanist engagement with the company and presents a model of company regulation that is compatible with the protection, respect for and fulfilment of human rights. Dr Barrett provides a theoretical framing for corporate regulation in the context of human rights States. He argues that States which have ratified the fundamental human rights instruments should, on principle, exclude bodies corporate from the human rights ecosystem, except to the degree necessary to respect property rights of humans and human rights in business. He therefore develops a ‘neo-concession’ account of the corporation as the basis for a model of corporate regulation to protect hum...