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The Horizontal Effect of Fundamental Rights in the European Union
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is requi...
The Horizontal Effect of Fundamental Rights in the European Union
This book analyses the horizontal effect of fundamental rights in the European Union, from a constitutional perspective. It advances two main arguments: First, it argues that the horizontal effect of fundamental rights (i.e. their application to disputes between private parties) cannot be usefully discussed based on the existing EU horizontality doctrine, which associates horizontality with the exercise of horizontal direct effect only. That doctrine is characterised by a series of overly technical rules as to how the latter may be produced and has a case-specific nature that lacks overall constitutional coherence. Secondly, the book argues that a substantive theory of horizontality is requi...
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
Putting Human Rights to Work
The Oxford Labour Law series has come to represent a significant contributions to the literature of British, European, and international labour law. The series recognizes the arrival not only of a renewed interest in labour law generally, but also the need for fresh approaches to the study of labour law following a period of momentous change in the UK and Europe. The series is concerned with all aspects of labour law, including traditional subjects of study such as collective labour law and individual employment law. It also includes works that concentrate on the growing role of human rights and the combating of discrimination in employment, and others that examine the law and economics of the labour market and the impact of social security law and of national and supranational employment policies upon patterns of employment and the employment contract. Book jacket.
Business Freedoms and Fundamental Rights in European Union Law
Article 16 of the EU Charter of Fundamental Rights, recognizing 'the freedom to conduct a business in accordance with Union law and national laws and practices', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only...
Rethinking Law, Regulation, and Technology
This insightful book presents a radical rethinking of the relationship between law, regulation, and technology. While in traditional legal thinking technology is neither of particular interest nor concern, this book treats modern technologies as doubly significant, both as major targets for regulation and as potential tools to be used for legal and regulatory purposes. It explores whether our institutions for engaging with new technologies are fit for purpose.
English Legal System
How does the English legal system work? How does it affect everyday life? How well does it achieve its aims? Addressing these questions and more, English Legal System provides students with the fundamental knowledge they need to approach the subject with confidence. Packed with questions, case studies and examples, this book takes students on a journey, inviting them to read, understand, see the law in practice, and then think for themselves. The strongest foundation for students at the start of their study of law; this is a clear, complete, and contextualized account of the English legal system and an essential guide. Online resources English Legal System is supported by extensive online resources, featuring the following: For students: - Self-test questions to check understanding and progress - Multiple-choice questions to test the application of knowledge - Web links to aid reading around the topics - Video material to bring topics to life - A guide to reading cases to help build this key legal skill For lecturers: - Diagrams from the book for use in presentations
A Critical Mind
This book traces the academic footprint of Hanns Ullrich. Thirty contributions revolve around five central topics of his oeuvre: the European legal order, competition law, intellectual property, the regulation of new technologies, and the global market order. Acknowledging him as a trailblazer, the book aims to capture how deeply Hanns Ullrich has influenced contemporaries and subsequent generations of scholars. The contributors re-iterate the path-breaking patterns of his teachings, such as his contemplation of intellectual property as embedded in competition, the necessity of balancing private and public interests in intellectual property law, the policies of market integration, and the peculiar relationship of technological advancement and protectionism.
Data Protection and Privacy Under Pressure
Since the Snowden revelations, the adoption in May 2016 of the General Data Protection Regulation and several ground-breaking judgments of the Court of Justice of the European Union, data protection and privacy are high on the agenda of policymakers, industries and the legal research community. Against this backdrop, Data Protection and Privacy under Pressure sheds light on key developments where individuals’ rights to data protection and privacy are at stake. The book discusses the persistent transatlantic tensions around various EU-US data transfer mechanisms and EU jurisdiction claims over non-EU-based companies, both sparked by milestone court cases. Additionally, it scrutinises the expanding control or surveillance mechanisms and interconnection of databases in the areas of migration control, internal security and law enforcement, and oversight thereon. Finally, it explores current and future legal challenges related to big data and automated decision-making in the contexts of policing, pharmaceutics and advertising.
Law, Regulation and Governance in the Information Society
This edited collection seeks to map the landscape of contemporary informational interests, to evaluate a range of recognised and putative rights and wrongs associated with modern information societies, and to consider how law, regulation, and governance should be deployed in response. New technologies and new applications constantly disrupt our values, our framing of our world, and our sense of where we are and who we are. In our ‘information societies’, we entertain mixed hopes and expectations, as well as significant fears and concerns. At the root of these, there are a number of informational interests, on the basis of which certain rights are claimed and particular wrongs denounced. ...
