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The Constitution of Spain
A Contextual Analysis
Victor Ferreres Comella
This book provides a critical introduction to the principles and institutions that make up the Spanish Constitution, which was enacted in 1978. It first explains the process of transition from Franco's dictatorship to democracy, in order to understand the historical circumstances under which the Constitution was framed. After offering a theory to justify the authority of the Constitution over ordinary laws, the book proceeds to explain the basic principles of the Spanish political regime, as well as the structure of its complex legal system. Later chapters focus on various institutions, such as the Crown, Parliament and the Government. A specific chapter is devoted to the territorial distribution of power between the State, the regions and ...
May 2013   306pp    pbk    9781849460163    $38.00   
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Transconstitutionalism
Marcelo Neves translated by Kevin Mundy
Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal orders are now implicated in resolving basic constitutional problems. A transconstitutional problem entails a constitutional issue whose solution may involve national, international, supranational and transnational courts or arbitral tribunals, as well as native local legal institutions. Transconstitutionalism does not take any single legal order or type of order as a starting-point or ultima ratio. It rejects both nation-statism and internatio...
May 2013   246pp    hbk    9781849464185    $100.00   
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The Use of Foreign Precedents by Constitutional Judges
Edited by Tania Groppi and Marie-Claire Ponthoreau
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The pr...
March 2013   470pp    hbk    9781849462716    $120.00   
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Current Problems in the Protection of Human Rights
Perspectives from Germany and the UK
Edited by Katja S Ziegler and Peter M Huber
While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. 'Constitutionalisation' manifests itself in the evolution of a constitution and the influence of existing constitutional principles on the ordinary law. Human rights law provides one of the best examples of this process, and the aim of this book is to provide a comparative UK-German perspective on recent developments. First, it addresses human rights questions which arise in both jurisdictions in a similar way such as the tension between liberty and security, absolute rights such as human dignity and the prohibition of torture, and the question how conflicts ...
March 2013   276pp    hbk    9781849461245    $100.00   
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The Constitution of France
A Contextual Analysis
Sophie Boyron
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 o...
December 2012   290pp    pbk    9781841137353    $34.00   
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Free Country
Selected Lectures and Talks
Sydney Kentridge QC
For decades Sydney Kentridge QC has been admired as a brilliant advocate, an outstanding lawyer and, during the apartheid years in South Africa, a courageous defender of the individual against an oppressive state. His advocacy at the inquest of Steve Biko came to the attention of a wider audience when he was portrayed on stage and screen by Albert Finney. He has since pursued a second, equally celebrated career as a barrister in England. In 1999 he was knighted 'for services to international law and justice'. This selection from his lectures and talks includes memorable and often moving accounts of Sydney's experiences as an advocate practising in South Africa under a legal system which not merely permitted racial discrimination but requ...
November 2012   188pp    hbk    9781849464673    $40.00   
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The Habitats Directive
A Developer's Obstacle Course?
Edited by Gregory Jones QC
Biodiversity within the European Union is under threat. Almost a quarter of Europe's vascular plant species and 155 species of its native mammals, birds, reptiles and amphibians are threatened with extinction. The Habitats Directive imposes a strict regime for environmental protection. But with the euro zone economy falling from 'stagnation' to 'contraction' in the second quarter of 2012 and the UK entering into a 'double dip' recession in April 2012, European governments face an economic crisis. The English courts have said that the Directive should not become a property developer's obstacle course. Yet the tensions between environmental protection and economic growth are all too readily apparent with the UK government stating both that w...
November 2012   366pp    hbk    9781849462938    $124.00   
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Judicial Review Handbook
Michael Fordham QC
Writing in the fifth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and ...
October 2012   890pp    hbk    9781849461597    $250.00   
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The House of Lords 1911-2011
A Century of Non-Reform
Chris Ballinger
House of Lords reform is often characterised as unfinished business: a riddle that has been left unanswered since 1911. But rarely can an unanswered riddle have had so many answers offered, even though few have been accepted; indeed, when Viscount Cave was invited in the mid-1920s to lead a Cabinet committee on Lords reform, he complained of finding 'the ground covered by an embarrassing mass of proposals'.That embarrassing mass increased throughout the twentieth century. Much ink has been spilled on what should be done with the upper House of Parliament; much less ink has been expended on why reform has been so difficult to achieve. This book analyses in detail the principal attempts to reform the House of Lords. Starting with the Parli...
October 2012   264pp    hbk    9781849462891    $62.00   
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The Constitution of Indonesia
A Contextual Analysis
Simon Butt and Tim Lindsey
For decades, Indonesia's 1945 Constitution, the second shortest in the modern world, was used as an apologia by successive authoritarian regimes. A bare-bones text originally intended as a temporary measure, it did little beyond establish basic state organs, including a powerful presidency. It did not offer citizens real guarantees or protections. These weaknesses were ruthlessly exploited by the military-backed regime that President Soeharto headed from 1966 until his fall in 1998. The (first ever) amendments to the Constitution, which began the following year and were completed in 2002, changed all this. Enlarging and rethinking the Constitution, they ushered in a liberal democratic system based around human rights, an open society and se...
August 2012   340pp    pbk    9781849460187    $44.00   
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