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Shale Gas, the Environment and Energy Security
This pioneering and in-depth study into the regulation of shale gas extraction examines how changes in the constitutional set-ups of EU Member States over the last 25 years have substantially altered the legal leverage of environmental protection and energy security as state objectives. As well as offering the first formal assessment of the legality of fracking bans and moratoria, Ruven Fleming further proposes a new methodology for the development of legally sound regulation of new energy technologies in the context of the energy transition.
Proportionality and Judicial Activism
This book uses empirical analysis to show that courts refrain from using the proportionality test as a means of judicial activism.
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration
The UNCITRAL Model Law after Twenty-Five Years: Global Perspectives on International Commercial Arbitration is a celebration of the Model Law’s significant contribution to international arbitration law. It assesses and evaluates the Model Law’s impact on the development of a universal arbitration law for a complex and mobile transnational community of lawyers, judges and arbitrators. Written from the perspective of counsel, arbitrators, legislators and judges, this collection is bold in its coverage of Model Law practice. It considers questions of legislative implementation; pre-award issues such as the review of arbitral jurisdiction and the production of evidence; post-award issues suc...
International Investment Protection and Constitutional Law
This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.
The Max Planck Handbooks in European Public Law
This series analyses the public law of the European legal space, which encompasses the law of the EU, the European Convention on Human Rights, and the domestic public laws of European states. This volume analyses the history, organization, and procedure of constitutional adjudication and outlines the historical process and current outlook.
A Decisão de Inconstitucionalidade. Os Autores, o Conteúdo e os Efeitos da Decisão de Inconstitucionalidade da Lei
25 anos depois, estando esgotada há muito, republica-se, em formato e-book, o texto da dissertação de doutoramento sobre A Decisão de Inconstitucionalidade – os autores, o conteúdo e os efeitos da decisão de inconstitucionalidade da lei. Além disso, como nestas duas décadas e meia o tema da justiça constitucional foi objeto de uma abundante produção científica e, ao longo destes anos, como não pode deixar de se esperar de um investigador que leve a sério a sua investigação, o pensamento do autor da Decisão de Inconstitucionalidade evoluiu bastante, esta republicação é acompanhada de um prefácio no qual se procura revisitar e discutir a atualidade das teses fundamentais propostas em 1999.
Outsourcing Rulemaking Powers
Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
Adventures in Chinese Realism
Realism, or Legalism, was once a significant influence in classical Chinese philosophy, later eclipsed by Confucianism. Its ideas, however, remain alive and powerful. Realists propose dealing with real-world problems using real-world instruments, such as incentives, rewards, institutions, and punishments. Adventures in Chinese Realism updates Chinese Realism to explain contemporary political and philosophical issues in a matter-of-fact, thought-provoking way. Contributors to this volume demonstrate how many of the Legalist recipes for creating strength, security, and order can be applied today. In many areas—international relations, corporate ethics, the organization of the public sector, and the roles that bureaucrats and politicians play—Realism offers unique ways to align these inherently particularistic actions with the broader common good.
Rechtspflegender Rechtsschutz im Verwaltungsrecht
English summary: In his work, Martin Ibler seeks a form of court protection which is compatible with administrative structures and at the same time offers the best possible protection for the individual against the State. He investigates the theoretical basic principles of judicial and legal protection and their development in history. Against this background, Martin Ibler presents and discusses today's legal protection with regard to authorities' evaluations in the law on fair treatment during academic examinations. His thesis shows the extent to which it is possible to guarantee a form of legal protection which remains compatible with administrative structures without impeding their power ...
