Introduction to Public Law

A Comparative Study
Author: Élisabeth Zoller
Publisher: BRILL
ISBN: 9004161473
Category: Law
Page: 290
View: 9224

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"Introduction to Public Law" is a historical and comparative introduction to public law. The book traces back the origins of the "res publica" to Roman law and analyzes the course of its development, first during the monarchical age in continental Europe and England, and then during the republican age that began at the end of the eighteenth century with the democratic revolutions in the United States and France. For each period and country, the book analyzes the major concepts of public law and their transformations: sovereignty, the state, the statute, the separation of powers, the public interest, and administrative justice.

UK Public Law and European Law


Author: Gordon Anthony
Publisher: Hart Publishing
ISBN: 1841131482
Category: Law
Page: 198
View: 2042

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This title argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration.

Civil Liberties and Human Rights


Author: Helen Fenwick
Publisher: Cavendish Publishing
ISBN: 1843146495
Category: Law
Page: 1256
View: 8220

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This third edition has been extensively re-written in order to consider the impact of the Human Rights Act 1998. It takes extensive account not only of the Strasbourg jurisprudence, but also of a number of key domestic decisions in the post- Human Rights Act era. Particular attention is paid to Labour legislation including the Terrorism Act 2000, the Regulation of Investigatory Powers Act 2000, the Data Protection Act 1998, the Freedom of Information Act 2000 and the Criminal Justice and Police Act 2001. This book is a detailed, thought- provoking and comprehensive text that is valuable not only for students but also for all those interested in the development of civil liberties in the Human Rights Act era.

After Public Law


Author: Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker
Publisher: OUP Oxford
ISBN: 0191647993
Category: Law
Page: 328
View: 6462

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Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.

The Conflict of Laws


Author: Adrian Briggs
Publisher: Oxford University Press, USA
ISBN: 0199539669
Category: Business & Economics
Page: 287
View: 7706

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The Conflict of Laws addresses the jurisdiction of Courts (and whether their judgments are enforced and recognised overseas) and the effect of foreign judgments in England (whether these are recognised and enforced) . It also looks at the principles of choice of law for cases with an international element for example contracts made or performed in other jurisdictions or with other parties, torts committed overseas or by foreign parties, international fraud, property sited overseas, and family and personal matters (including marriage, divorce, and financial support) across different jurisdictions.

Feminist Perspectives on Public Law


Author: Susan Millns,Noel Whitty
Publisher: Routledge
ISBN: 1135345538
Category: Law
Page: 324
View: 2871

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Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.

International Law


Author: Vaughan Lowe
Publisher: OUP Oxford
ISBN: 0191509078
Category: Law
Page: 328
View: 7942

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International Law is both an introduction to the subject and a critical consideration of its central themes and debates. The opening chapters of the book explain how international law underpins the international political and economic system by establishing the basic principle of the independence of States, and their right to choose their own political, economic, and cultural systems. Subsequent chapters then focus on considerations that limit national freedom of choice (e.g. human rights, the interconnected global economy, the environment). Through the organizing concepts of territory, sovereignty, and jurisdiction the book shows how international law seeks to achieve an established set of principles according to which the power to make and enforce policies is distributed among States.

Public Law after the Human Rights Act


Author: Tom Hickman
Publisher: Bloomsbury Publishing
ISBN: 1847317510
Category: Law
Page: 360
View: 807

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It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the Human Rights Act itself to its effect on public law as a whole. The book articulates in novel ways the relationship between the Act and administrative and constitutional law. It suggests that the Human Rights Act has built on the common law constitution. The discussion focuses on core topics in modern public law, including, the constitutional status of the Human Rights Act; the relationship between human rights and the common law; the Human Rights Act's effect on central doctrines of public law such as reasonableness, proportionality and process review; the structure of public law in the human rights era; derogation and emergencies; and the right of access to a court.

Public Law in Israel


Author: Itzhak Zamir,Allen Zysblat
Publisher: Oxford University Press on Demand
ISBN: 9780198258537
Category: Law
Page: 444
View: 3139

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The origins of this work lie in an attempt by Israeli lawyers to describe and analyse the remarkable efforts of the Supreme Court of Israel to intervene in all kinds of government actions on behalf of basic civil rights and the preservation of the rule of law. Working essentially with the basic English common law tools of constitutional and administrative law, and without the aid of a written Bill of Rights, The Supreme Court recognized that Israel's special political and social realitieswarranted an extraordinary judicial vigilance. Its rich bounty of jurisprudence reveals a judiciary prepared to deviate from the established common law rules concerning non-justiciability, administrative discretion and judicial restraint, as well as the ordinary rules of locus standi whenever faced with the denial of justice or of deprivation of basic civil rights. The book is divided into three sections: human rights; adminstrative action; and judicial review. The format of the book is a series of chapters examining the principal topics under each of these headings followed by selected primary sources - either laws enacted by the Knesset or decisions of the Supreme Court. In this form it gives the readers both an excellent overview of the present state of public law in Israel as well as access to the sources required to understand, at a more profound level, the forces which shape it.

Law's Future(s)


Author: David Hayton
Publisher: Bloomsbury Publishing
ISBN: 184731631X
Category: Law
Page: 464
View: 3831

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To mark the 2000 Annual Conference of the Society of Public Teachers of Law,the Society has organised a distinguished team of contributors to write a set of reflective and critical essays on the future of law in the United Kingdom, considering how it will or should develop over a wide range of areas. The essays are concerned not only with all the main branches of the law but also with socio-legal studies, legal education and legal practice. In most of these areas the essays are written by two contributors so that the dialogue between them adds perception to their forecasts, taking account of past experience of developing the law via judicial activism or statutory reform processes and also of the European dimension. This reflection upon the possible future milestones of UK law will provide stimulating and illuminating reading for all lawyers, whether academics or practitioners. Contributors Andrew Ashworth, Stephen Bailey, Rebecca Bailey-Harris, Nicholas Bamforth, Kit Barker, John Birds, Anthony Bradney, Margaret Brazier, Richard Card, Elizabeth Cooke, Fiona Cownie, Keith Ewing, Conor Gearty,. Nicola Glover, Desmond Greer, Brigid Hadfield, Johnathan Harris, David Hayton, Jo Hunt, John Jackson, Tim Jewell, John Lowry, Laura Macgregor, Judith Masson, David McClean, Gillian Morris, David Oughton, John Parkinson, Alan Paterson, Colin Reid, Sir Richard Scott, Jo Shaw, Lionel Smith, Brenda Sufrin, Phil Thomas, Joseph Thomson, Adam Tomkins, Martin Wasik, Sally Wheeler, Richard Whish, Sarah Worthington.

New Directions in European Public Law


Author: Jack Beatson,Takis Tridimas
Publisher: Bloomsbury Publishing
ISBN: 1847313337
Category: Law
Page: 216
View: 854

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This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.

Public Law in a Multi-Layered Constitution


Author: Nicholas Bamforth,Peter Leyland
Publisher: Bloomsbury Publishing
ISBN: 184731323X
Category: Law
Page: 448
View: 774

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How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.

Essays in the History of Canadian Law

Quebec and the Canadas
Author: George Blaine Baker,Donald Fyson
Publisher: University of Toronto Press
ISBN: 1442670061
Category: History
Page: 608
View: 4058

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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

The International Law of Property


Author: John G. Sprankling
Publisher: OUP Oxford
ISBN: 0191502529
Category: Law
Page: 400
View: 9001

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Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.

Many laws


Author: Frederick Henry Lawson
Publisher: North-Holland Pub. Co. ; New York : distributors for the U.S.A. and Canada, Elsevier North-Holland
ISBN: N.A
Category: Law
Page: 352
View: 1230

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