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The Constitution of France
The centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.
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.
Principles of French Constitutional Law
Principles of French Constitutional Law offers a concise and accessible account of the key principles and rules of constitutional law in the French legal system, presenting a muchneeded up-to-date overview of this rapidly changing subject. The textbook explores the five essential pillars that underpin the teaching of constitutional law, namely the institutions, legal history, case law, comparative law, and current affairs and developments. It is split into two core sections: Part I examines the basis of French constitutional law, the theoretical developments about key notions of constitutional law such as the state and the constitution, as well as the historical background to French constitu...
Complete Public Law
'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.
Accountability and Legitimacy in the European Union
The European Union's growing accountability deficit threatens to undermine its legitimacy; accordingly, member states have agreed to negotiate a new set of Treaty changes in 2004. These essays consider various aspects of accountability and legitimacy in the European Union.
Law and Legal System of the Russian Federation - Sixth Edition
This book is a detailed treatment of the Russian legal system written especially for English-speaking law students and lawyers. While it is designed primarily as a casebook, extended discussions of the law, numerous citations to original Russian sources, and detailed suggestions for finding these sources on the Internet also make it useful as a reference for scholars specializing in Russian studies and for lawyers who know Russian but not Russian law. The authors have decades of experience following the Russian legal system, with one concentrating on human rights, court procedure, and criminal law and procedure, the other on civil, commercial, and tax law. Chapters cover key aspects of the R...
Legal Origins and the Efficiency Dilemma
Inherent flaws of the legal origins in researching the field of corporate law: the taxonomy of countries -- Inherent flaws of the legal origins in researching the field of corporate law: coding errors -- The inherent dangers of the persisting influence of legal origins theory on the international level -- The US and EU: legal origins and individual institutes in US and EU corporate laws -- Bibliography -- Index
Comparative Tort Law
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Full Protection and Security in International Investment Law
This book provides a comprehensive study of the standard of ‘full protection and security’ (FPS) in international investment law. Ever since the Germany-Pakistan BIT of 1959, almost every investment agreement has included an FPS clause. FPS claims refer to the most diverse factual settings, from terrorist attacks to measures concerning concession contracts. Still, the FPS standard has received far less scholarly attention than other obligations under international investment law. Filling that gap, this study examines the evolution of FPS from its medieval roots to the modern age, delimits the scope of FPS in customary international law, and analyzes the relationship between FPS and the c...
The Transformation of Administrative Law in Europe
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
