This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Imman
All litigants before the European Court or indeed before any European body or agency will need to have full access to the European Union's public documents. Though the legislation regulating the field
The recognition and enforcement of legitimate expectations by courts has been a striking feature of English law since R v North and East Devon Health Authority; ex parte Coughlan [2001] 3 QB 213. Alth
Myanmar's Constitution of 2008 was the 'road map' for the reform process that began in 2011. Despite extensive criticism of this Constitution for its emphasis on the role of the military, much progres
The use of extra-territorial intelligence is growing among security, border, and public agencies and internationally, rapidly evolving efforts to tackle transnational crime entail the exchange of inte
In the early decades of European integration the enforcement of EU competition law was highly centralised. Virtually all enforcement actions under Articles 101 and 102 TFEU were initiated by the Europ
The recently enacted Treaty on the Stability, Coordination and Governance of the Economic and Monetary Union (generally referred to as the Fiscal Compact) has introduced a 'golden rule', which is a de
This book analyses the founding years of consumer law and consumer policy in Europe. It combines two dimensions: the making of national consumer law and the making of European consumer law, and how both are intertwined. The chapters on Germany, Italy, the Nordic countries and the United Kingdom serve to explain the economic and the political background which led to different legal and policy approaches in the then old Member States from the 1960s onwards.The chapter on Poland adds a different layer, the one of a former socialist country with its own consumer law and how joining the EU affected consumer law at the national level. The making of European consumer law started in the 1970s rather cautiously, but gradually the European Commission took an ever stronger position in promoting not only European consumer law but also in supporting the building of the European Consumer Organisation (BEUC), the umbrella organisation of the national consumer bodies. The book unites the early protago
This book explores the use of foreign judges on courts of constitutional jurisdiction in 9 Pacific states: Fiji, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu. We often assume that the judges sitting on domestic courts will be citizens. However across the island states of the Pacific, over three-quarters of all judges are foreign judges who regularly hear cases of constitutional, legal and social importance.This has implications for constitutional adjudication, judicial independence and the representative qualities of judges and judiciaries. Drawing together detailed empirical research, legal analysis and constitutional theory, it traces how foreign judges bring different dimensions of knowledge to bear on adjudication, face distinctive burdens on their independence, and hold only an attenuated connection to the state and its people. It shows how foreign judges have come to be understood as representatives of a transnational profession, with its o
Concerns for privacy in the face of increasing governmental surveillance have recently been voiced both in the European Union and the United States. The purpose of this book, which brings together som
Poor public resource management and the global financial crisis curbing fundamental fiscal space, millions thrown into poverty, and authoritarian regimes running successful criminal campaigns with the
This book explores non-consensual adoption - an area of law which has sparked considerable debate amongst academics, practitioners and the judiciary nationally and internationally. The emphasis of this book is on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, such as long-term foster care or kinship care, may also meet children's needs while providing protection to children's rights under the European Convention on Human Rights. The book builds on existing literature on adoption law but takes the discussion in new directions, placing an emphasis on the need to closely scrutinise children's and parents' rights at all stages of the adoption process, not simply when parents appeal against the making of an adoption order.A unique feature of this book is its emphasis on routinely incorporating key provisions from the United Nations Convention on the Rights of the Child into analysis when determining w
What is it like working as a barrister in the 21st century? The independent Bar has transformed in the last 30 years into a commercialised, enterprising profession. Based on interviews with and observation of barristers and chambers' staff, this book identifies key changes that have taken place at the Bar and how these are reshaping and reformulating barristers' professionalism and working culture. This is the first empirical overview of the depth, scope and effects of multiple reforms that have been imposed on the profession.It explores how this once unified profession has fragmented, as the lived experiences of barristers in different practice areas have diverged. Highly specialised sets of chambers now operate like businesses, whilst others, who are dependent on legal aid funding, struggle to survive. This book offers a unique examination of different sites of change: how the chambers model has evolved, how entrepreneurial barristers market themselves, how aspirant law students prep
The research monograph Equal Citizenship and Its Limits in EU Law: We the Burden is a critical study of the scope of EU citizenship as an 'equal status' of all Member State nationals. The book re-conc
