The Conflict of Laws

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Author: Adrian Briggs

Publisher: Oxford University Press, USA

ISBN: 0199539669

Category: Business & Economics

Page: 287

View: 3158

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.

Introduction to Public Law

A Comparative Study

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Author: Élisabeth Zoller

Publisher: BRILL

ISBN: 9004161473

Category: Law

Page: 290

View: 3453

"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

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Author: Gordon Anthony

Publisher: Hart Publishing

ISBN: 1841131482

Category: Law

Page: 198

View: 8412

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

Feminist Perspectives on Public Law

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Author: Susan Millns,Noel Whitty

Publisher: Routledge

ISBN: 1135345538

Category: Law

Page: 324

View: 1486

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.

Civil Liberties and Human Rights

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Author: Helen Fenwick

Publisher: Cavendish Publishing

ISBN: 1843146495

Category: Law

Page: 1256

View: 8415

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

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Author: Cormac Mac Amhlaigh,Claudio Michelon,Neil Walker

Publisher: OUP Oxford

ISBN: 0191647993

Category: Law

Page: 328

View: 9048

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.

Public Law in Israel

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Author: Itzhak Zamir,Allen Zysblat

Publisher: Oxford University Press on Demand

ISBN: 9780198258537

Category: Law

Page: 444

View: 8032

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.

Public Law after the Human Rights Act

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Author: Tom Hickman

Publisher: Bloomsbury Publishing

ISBN: 1847317510

Category: Law

Page: 360

View: 5851

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.

International Law

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Author: Vaughan Lowe

Publisher: Oxford University Press

ISBN: 0199230838

Category: Business & Economics

Page: 298

View: 8244

"It covers all the main areas of International Law, such as International Economic Law, International Environmental Law, and the ways International Law deals with different types of armed conflict. It also concludes with a short chapter examining the prospects for International Law."--BOOK JACKET.

The Asian Yearbook of Human Rights and Humanitarian Law

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Author: N.A

Publisher: BRILL

ISBN: 9004346880

Category: Political Science

Page: 522

View: 7666

The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 2 is Islamic Law and its Implementation in Asia and the Middle East.

Private Foundations: Law & Practice

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Author: John Goldsworth

Publisher: Lulu.com

ISBN: 0957084307

Category: Charitable uses, trusts, and foundations

Page: 390

View: 6990

Law's Future(s)

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Author: David Hayton

Publisher: Bloomsbury Publishing

ISBN: 184731631X

Category: Law

Page: 464

View: 6265

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.

The Golden Metwand and the Crooked Cord

Essays on Public Law in Honour of Sir William Wade QC

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Author: William Wade

Publisher: Oxford University Press

ISBN: 9780198264699

Category: Law

Page: 355

View: 525

This is a lively collection of essays by an internationally distinguished group of the world's most respected administrative lawyers. It is a timely work as public law in the United Kingdom is at an extremely interesting stage in its long development. A period of unprecedented expansion in thejudicial review jurisdiction and the growing legal impact of membership of the European Community provide an incentive to reflect upon and consolidate existing learning, and assess how public law doctrine and scholarship will progress into the new millenium. There has also been a recent burgeoningof theoretical public law scholarship and the development of more critical and socio-legal approaches to the subject of law and administration. This book takes account of all these factors, and also reflects the international dimension of administrative law issues. The essays are written in honour of Sir Wlliam Wade, who was Professor of English at St John's College Oxford, Rouse Ball Professor of English Law at the University of Cambridge and Master of Gonville and Caius College Cambridge. He is one of the leading scholars of his generation and is justlycredited for having contributed hugely to the development of administrative law in Britain through his text Administrative Law (OUP) but also through the Hamlyn lectures and through his work as a member of the English bar, his lectures throughout the world and numerous articles, notes andessays.

An Introduction to the Law of Trusts

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Author: Simon Gardner

Publisher: OUP Oxford

ISBN: 0191620890

Category: Law

Page: 400

View: 3619

A comprehensive, stimulating introduction to trusts law, which provides readers with a clear conceptual framework to aid understanding of this challenging area of the law. Aimed at readers studying trusts at an undergraduate level, it provides a succinct and enlightening account of this area of the law. Concise and clear, this book also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers an outstanding treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Ideal for providing a broad background to the issues before embarking on an in-depth study of trusts, it can also be used to help the reader to develop their understanding. For those looking to challenge themselves, detailed footnotes highlight further issues and point the direction for future reading. Fully revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this new edition in the renowned Clarendon Law Series offers a well-written, careful, and insightful introduction to the law of trusts.

New Directions in European Public Law

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Author: Jack Beatson,Takis Tridimas

Publisher: Bloomsbury Publishing

ISBN: 1847313337

Category: Law

Page: 216

View: 6553

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

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Author: Nicholas Bamforth,Peter Leyland

Publisher: Bloomsbury Publishing

ISBN: 184731323X

Category: Law

Page: 448

View: 2224

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

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Author: George Blaine Baker,Donald Fyson

Publisher: University of Toronto Press

ISBN: 1442670061

Category: History

Page: 608

View: 5119

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.

An Institutional Theory of Law

Keeping Law in Its Place

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Author: Peter Morton

Publisher: Oxford University Press

ISBN: 9780198258254

Category: Law

Page: 416

View: 9994

Modern law is to be understood as comprising norms which are implicated in particular forms of life which -- animated by the modern values of individualism -- have emerged in democratic polities. Failure to understand the nature of such fundamental institutional forms as `society' and `state', and of the need to appraise the central institutions of the democractic polity against the demands of legitimacy, has had serious consequences for political and legal theory in recent times. In An Institutional Theory of Law, Morton provides a fundamental philosophical critique of the assumptions of positivist jurisprudence and an attack on the foundationalism of contemporary legal philosophy. His prime concern is to distinguish between the different fields of law -- penal, civil, and public -- taking as his starting point the careful analysis of the institutions in a democracy within which legal language and norms are generated. Offering an original, coherent and systematic exposition of law in society today, Peter Morton sheds new, important light on legal practices and relations through comparison with an ideal type of legal system. With this book, Peter Morton offers readers a major contribution to our understanding of law in society in the 1990s. As such it will be of great interest to scholars of legal theory, political science, and political constitution.