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Rethinking the Relationship Between International, EU and National Law
The interdisciplinary embedding and novel conceptual approach offered in the book to address the relationship between legal orders offers a significant and original contribution to the literature. The first part of the book provides a critical account of dominant approaches to explain this relationship where theories of Kelsenian monism, dualism, legal pluralism and constitutionalism are criticized. In the second part, Kirchmair engages with an innovative idea by applying insights from social contract theory to the relationship between international, EU and Member State law and establishes his theoretical approach: Consent-Based Monism. The book focuses on the most important structural characteristics of the external relations law of the EU as well as the primacy of EU law in lieu of national constitutional identity which is demonstrated in part three.
A Culture of Justification
Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly builds a framework for understanding why several previous reform efforts failed and assesses the proposition that Vavilov might very well succeed in providing a roadmap to a brighter future. This engaging, in-depth study of one of the most important areas of Canadian law shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.
UML 2.0 in a Nutshell
This comprehensive guide has been fully revised to cover UML 2.0, today's standard method for modelling software systems. Filled with concise information, it's been crafted to help IT professionals read, create, and understand system artefacts expressed using UML. Includes an example-rich tutorial for those who need familiarizing with the system.
Aspiration and Reality in Legal Education
Using extensive and novel new research, this book explores one of the long-standing challenges in legal education - the prospects for bringing legal theory into the training of future lawyers.
Transnational Legal Orders
Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Astray
A meandering celebration of the indirect and unforeseen path, revealing that to err is not just human—it is everything. This book explores how, far from being an act limited to deviation from known pathways or desirable plans of action, wandering is an abundant source of meaning—a force as intimately involved in the history of our universe as it will be in the future of our planet. In ancient Australian Aboriginal cosmology, in works about the origins of democracy and surviving disasters in ancient Greece, in Eurasian steppe nomadic culture, in the lifeways of the Roma, in the movements of today’s refugees, and in our attempts to preserve spaces of untracked online freedom, wandering is how creativity and skills of adaptation are preserved in the interests of ongoing life. Astray is an enthralling look at belonging and at notions of alienation and hope.
A.V. Dicey and the Common Law Constitutional Tradition
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
The Law and Governance of Decentralised Business Models
This book draws together themes in business model developments in relation to decentralised business models (DBMs), sometimes referred to as the ‘sharing’ economy, to systematically analyse the challenges to corporate and organisational law and governance. DBMs include business networks, the global supply chain, public–private partnerships, the platform economy and blockchain-based enterprises. The law of organisational forms and governance has been slow in responding to changes, and reliance has been placed on innovations in contract law to support the business model developments. The authors argue that the law of organisations and governance can respond to changes in the phenomenon o...
The Future of Open Data
The Future of Open Data flows from a multi-year Social Sciences and Humanities Research Council (SSHRC) Partnership Grant project that set out to explore open government geospatial data from an interdisciplinary perspective. Researchers on the grant adopted a critical social science perspective grounded in the imperative that the research should be relevant to government and civil society partners in the field. This book builds on the knowledge developed during the course of the grant and asks the question, “What is the future of open data?” The contributors’ insights into the future of open data combine observations from five years of research about the Canadian open data community wi...
Popular Culture and Legal Pluralism
Drawing upon theories of critical legal pluralism and psychological theories of narrative identity, this book argues for an understanding of popular culture as legal authority, unmediated by translation into state law. In narrating our identities, we draw upon collective cultural narratives, and our narrative/nomos obligational selves become the nexus for law and popular culture as mutually constitutive discourse. The author demonstrates the efficacy and desirability of applying a pluralist legal analysis to examine a much broader scope of subject matter than is possible through the restricted perspective of state law alone. The study considers whether presumptively illegal acts might actual...
