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The Principle of Proportionality in the Laws of Europe
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
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Proportionality and the Rule of Law
Leading constitutional theorists debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning.
The Insider's Guide to Legal Skills
Confused by cases? Stuck on statutes? Or just unsure where to start with writing, research or revision? The Insider’s Guide to Legal Skills will show you what you need to succeed, applying skills in their real-world context and helping you get to grips with legal method and thinking. Making use of problem-based learning and examples throughout, the fully updated second edition of this practical and accessible guide will provide you with a clear guide to skills within the law degree, including online learning. It will show you how to make the most of these skills in assessment and also help you to see their importance to a future legal career. Designed for students who want a clear overview of what a law degree is all about, the book has been built on the skills curriculum, and is a suitable text for Legal Skills, Methods and Reasoning courses as well as a general introduction to law, or pre-reading for those considering a law degree. For more information, including Brexit: The Comic Strip, visit https://tldr.legal/resource/brexit-the-comic-strip.html
The Concept of Proportionality in Public Law
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
The Governess's Dilemma
MYRNA McBRIDE IS HEADING TOWARD HER FUTURE When her train derails in Hillsdale, Michigan, a wealthy stranger offers her shelter—and a position in his household. Grateful yet wary of the mysterious man, Myrna must guard her secrets—and her heart. Returning home upon his brother's death, Dalton Freed is now heir to a grand estate and guardian to his niece. Dalton desperately needs Myrna's help. But even as he looks forward to seeing the beautiful governess each day, he suspects she's keeping secrets. Can she ever earn Dalton's trust and bring light and laughter back to his life?
States Against Migrants
In this comparative study, Ellermann examines the capacity of the liberal democratic state to coercively regulate individuals within its borders. Ellermann shows that the conditions underlying socially coercive state capacity systematically vary not only across institutional contexts but also across stages in the policy cycle.
A Selective Approach to Establishing a Human Rights Mechanism in Southeast Asia
This book proposes a selective approach for states with more advanced human rights protection to establish a human rights court for Southeast Asia. It argues the inclusive approach currently employed by ASEAN to set up a human rights body covering all member states cannot produce a strong regional human rights mechanism. The mosaic of Southeast Asia reveals great diversity and high complexity in political regimes, human rights practice and participation by regional states in the global legal human rights framework. Cooperation among ASEAN members to protect and promote human rights remains limited. The time-honored principle of non-interference and the “ASEAN Way” still predominate in relations within ASEAN. These factors combine to explain why the ASEAN Intergovernmental Commission on Human Rights is unlikely to be strong and effective in changing and promoting regional human rights protection.
Juricultural Pluralism Vis-à-vis Treaty Law
B. Theories of Law.
Comparative Constitutional Law
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
