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Studies in Constitutional Law
Fully revised and updated, Studies in Constitutional Law continues to provide clear and informed accounts of the central topics of constitutional law, including the sovereignty of Parliament, the European Union, and Crown and prerogative. There are new chapters on the protection of humanrights and on electoral law, and devolution and other constitutional reforms are also described and discussed. The ten essays may be read in conjunction or as self-contained studies.
Accommodating National Identity
This collection of essays brings together international lawyers with their perspectives on how the international community has coped with contemporary cases of nationalist crisis and constitutional lawyers from states which are attempting to facilitate the political expression of national identity through developments in federalism, devolution, and the protection of minority rights. The aim is to explore to what extent existing legal mechanisms permit a flexible engagement with, and accommodation of, the aspirations of national and ethnic groups. It would appear that a heightened level of fluidity in the interaction and exchange of normative standards now exists in the relationship between international and domestic law as both types of system confront the challenge which national identity continues to constitute. As this process marks a renewed preparedness on the part of legal systems to expand imaginatively to meet current problems it is hoped that this collection will highlight opportunities for an ongoing process of development in this complex and troubled area.
Democracy's Privileged Few
Placing legislative privilege in historical context, Josh Chafetz compares the freedoms and protections of members of the United States Congress with those of Britain's Parliament.
Implementing the Constitution
This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify ...
Electronic and Mobile Commerce Law
The rapid, commercially-driven evolution of the Internet has raised concomitant legal concerns that have required responses from both national and international law. This unique text offers a complete analysis of electronic and mobile commerce, exploring the law relating to online contracts and payment systems, electronic marketing, and various forms of cybercrime as well as the regulation of electronic communications networks and services. Written by specialists, this account also provides insights into emerging areas such as internet libel, online gambling, virtual property, cloud computing, smart cards, electronic cash, and the growing use of mobile phones to perform tasks previously carried out by computers.
Freedom of Speech
Fully revised and updated, this title examines topical issues such as free speech and freedom of the press, as well as considering other important developments and legislation.
Research Handbook on EU Tort Law
The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
Beyond the Tragedy in Global Fisheries
An analysis of how responsive governance has shaped the evolution of global fisheries in cyclical patterns of depletion and rebuilding dubbed the “management treadmill.” The oceans are heavily overfished, and the greatest challenges to effective fisheries management are not technical but political and economic. In this book, D. G. Webster describes how the political economy of fisheries has evolved and highlights patterns that are linked to sustainable transitions in specific fisheries. Grounded in the concept of responsive governance, Webster's interdisciplinary analysis goes beyond the conventional view of the "tragedy of the commons.” Using her Action Cycle/Structural Context framew...
