Chris Monaghan – författare

Public Law guides students through all the essential components of the Public Law module, in a user-friendly structure that is ideal for visual learners. Written by an experienced teacher of Public Law, the book takes an accessible and engaging approach to often complex areas of law, politics and the constitution. Incorporating recent developments, academic debate and commentary, the book introduces students to all the key concepts of this core subject. The text is grounded in context, explaining how Public Law operates in practice, and it thoroughly covers the spectrum of Constitutional Law, Human Rights and Administrative Law.Integrated pedagogic features ease navigation of the text and reinforce key points. These include Public Law in Context, Recent Developments, Public Law in Practice, Practical Application and Academic Debate, and Public Law is also supported by online Multiple Choice Questions. Public Law is essential reading for modules on public law and constitutional and administrative law on LLB degrees and conversion courses.

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Contract Law is all about, Beginning Contract Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Contract Law module with confidence.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris and Nicola Monaghan break the subject of Contract law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Contract Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Contract Law is all about, Beginning Contract Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Contract Law module with confidence.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris and Nicola Monaghan break the subject of Contract law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Contract Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Public Law guides students through all the essential components of the Public Law module, in a user-friendly structure that is ideal for visual learners. Written by an experienced teacher of Public Law, the book takes an accessible and engaging approach to often complex areas of law, politics and the constitution. Incorporating recent developments, academic debate and commentary, the book introduces students to all the key concepts of this core subject. The text is grounded in context, explaining how Public Law operates in practice, and it thoroughly covers the spectrum of Constitutional Law, Human Rights and Administrative Law.Integrated pedagogic features ease navigation of the text and reinforce key points. These include Public Law in Context, Recent Developments, Public Law in Practice, Practical Application and Academic Debate, and Public Law is also supported by online Multiple Choice Questions. Public Law is essential reading for modules on public law and constitutional and administrative law on LLB degrees and conversion courses.

This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the nineteenth century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the twenty-first century. The book will be an essential resource for students, academics and researchers in law, political science and history.

This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the nineteenth century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the twenty-first century. The book will be an essential resource for students, academics and researchers in law, political science and history.

This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.

This volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focus on those countries where impeachment is arguably an important but largely secondary or peripheral process. This includes chapters on Denmark, Iceland, Sri Lanka and the Philippines and flows through into Part IV’s focus on areas of the world where impeachment matters and may even be increasing in terms of visibility but, for a number of reasons, arguably exists within a satellite status in terms of constitutional processes and safeguards. The fifth and final section steps back in an attempt to assess impeachment processes from a broad comparative perspective. The collection presents the definitive text on impeachment for students and scholars with an interest in comparative public law, politics and constitutional studies.

This book sets out and explores the case for a modernised impeachment process for the United Kingdom.The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom’s political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment.The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.

This book sets out and explores the case for a modernised impeachment process for the United Kingdom.The work examines the present law and history of impeachment in the United Kingdom, which today is widely regarded as having fallen into desuetude and its procedures inappropriate for modern conditions. It discusses how impeachment operates in two countries, the United States and Denmark, selected respectively for their marked differences from and similarities to the United Kingdom’s political and constitutional system, for the purposes of illumination and possible lessons for a new impeachment process. The book seeks to provide a balanced and independent examination of the case for this, concluding that it would have a valuable role to play in the future development of the United Kingdom’s system of politics and government. It concludes by setting out a detailed model for the structure, working and effect of impeachment.The book will be of interest to students, academics and policy-makers working in the areas of constitutional law and politics.

Challenges and Prospects for the Chagos Archipelago considers the origins, challenges and future of Chagos, bringing together leading experts and academics specialising in differing aspects of the Chagos dispute. In 1965, as part of negotiations leading to Mauritian independence in 1968, the UK government excised the Chagos Archipelago from the colony of Mauritius to form part of a new overseas territory, the British Indian Ocean Territory (BIOT). The UK then set about removing the population of the Chagos Islands in order to allow the United States to construct a military base. As a consequence of the UK’s acquisition of the Chagos Islands and the expulsion of the Chagossian population, there has been wide ranging litigation brought by Mauritius and the Chagossians. This has reached the International Court of Justice, the United Nations General Assembly, the European Court of Human Rights and the UK Supreme Court. This book offers a wide-ranging debate between experts and practitioners, including those of Chagossian and Mauritian heritage, touching upon key developments and offering an inclusive approach that transcends traditional disciplinary silos. Issues such as international and constitutional law, human rights, colonialism and decolonisation, using creative writing to express the experience of banishment, international relations, environmentalism, and globalisation, will be explored as part of a dialogue that sheds new light on the Chagos dispute. Edited by experts on Chagos, the contributors are drawn from across the globe, and all have a distinctive take on what has happened, what it means for the world and the region, and how Chagos will both shape and be shaped by the future. This book will be of great interest to students, academics and researchers from across the humanities and social sciences, including political science, international relations, law, sociology, socio-legal studies, human rights, social anthropology, indigenous rights, history, colonialism, postcolonialism, and cultural studies, as well as practitioners, policymakers and general readers who are interested in Chagos.

Challenges and Prospects for the Chagos Archipelago considers the origins, challenges and future of Chagos, bringing together leading experts and academics specialising in differing aspects of the Chagos dispute. In 1965, as part of negotiations leading to Mauritian independence in 1968, the UK government excised the Chagos Archipelago from the colony of Mauritius to form part of a new overseas territory, the British Indian Ocean Territory (BIOT). The UK then set about removing the population of the Chagos Islands in order to allow the United States to construct a military base. As a consequence of the UK’s acquisition of the Chagos Islands and the expulsion of the Chagossian population, there has been wide ranging litigation brought by Mauritius and the Chagossians. This has reached the International Court of Justice, the United Nations General Assembly, the European Court of Human Rights and the UK Supreme Court. This book offers a wide-ranging debate between experts and practitioners, including those of Chagossian and Mauritian heritage, touching upon key developments and offering an inclusive approach that transcends traditional disciplinary silos. Issues such as international and constitutional law, human rights, colonialism and decolonisation, using creative writing to express the experience of banishment, international relations, environmentalism, and globalisation, will be explored as part of a dialogue that sheds new light on the Chagos dispute. Edited by experts on Chagos, the contributors are drawn from across the globe, and all have a distinctive take on what has happened, what it means for the world and the region, and how Chagos will both shape and be shaped by the future. This book will be of great interest to students, academics and researchers from across the humanities and social sciences, including political science, international relations, law, sociology, socio-legal studies, human rights, social anthropology, indigenous rights, history, colonialism, postcolonialism, and cultural studies, as well as practitioners, policymakers and general readers who are interested in Chagos.

This book brings clarity and understanding to the concept of accountability through the lens of conceptual political analysis. As the structure of the modern state has become more complex, the architecture of accountability has itself needed to evolve and re-orientate in an attempt to keep pace. This has led to an increased emphasis not on accountability per se but on different kinds or types of accountability. As such, it is argued here that accountability has emerged to become a concept with adjectives and there is a real need to properly understand accountability in an increasingly fractured world. The theoretical and analytical glue that binds all of the chapters in this collection is a commitment to working within the contours of the work of the philosopher, Giovanni Sartori. This is an approach that has been used to tease apart and interrogate a range of concepts including terrorism, governance, coups, gender equality, deliberation, warfare, clientelism, hybrid regimes, democracy, right through to art, love, rape and violence. It is also an approach that facilitates the cultivation of complex debates concerning the limits of conceptual flexibility. The volume consists of twelve chapters, grouped into three main parts. The introductory part provides the foundations for the collection. Part I on Power explores the normative dimensions of accountability as a means to control and regulate power. Part II on Politics focuses inter alia on accountability following a period of crisis and the emergence of new technology such as algorithms. The final part, Part III, on Particularities looks at concepts such as social accountability and what is meant by supplementary accountability. This broad-ranging collection increases the conceptual toolkit that social and political scientists and lawyers can use to interrogate change at a number of levels and in a range of sectors. Whether through a focus on moral, individual or gendered accountability, or through a shift towards clashing, stakeholder or social accountability, there is a clear flow and coherence through the chapters. The volume will be of interest to academics and researchers working in the areas of Legal and Political Theory, Legal and Political Philosophy and Accountability Studies.

This book examines the challenges of bringing cutting-edge research in often controversial areas into the law syllabus and explores how academics can effectively adopt a holistic approach to research and pedagogy when teaching rights and justice. The collection brings together experts from all areas of legal scholarship to discuss how they fuse often controversial aspects of rights and justice into their teaching in a way that responds to and is ultimately led by academic research. As such, it advances legal education through the opportunity to explore the interplay between rights and justice and how scholars both ensure that their teaching is research-led, whilst responding to the needs and views of students and issues such as generational differences in viewpoints on controversial issues. This topical volume will appeal to academics and researchers interested in academic freedom, the challenges of research-led teaching and the pedagogy around the teaching of rights and justice.

This book examines the challenges of bringing cutting-edge research in often controversial areas into the law syllabus and explores how academics can effectively adopt a holistic approach to research and pedagogy when teaching rights and justice. The collection brings together experts from all areas of legal scholarship to discuss how they fuse often controversial aspects of rights and justice into their teaching in a way that responds to and is ultimately led by academic research. As such, it advances legal education through the opportunity to explore the interplay between rights and justice and how scholars both ensure that their teaching is research-led, whilst responding to the needs and views of students and issues such as generational differences in viewpoints on controversial issues. This topical volume will appeal to academics and researchers interested in academic freedom, the challenges of research-led teaching and the pedagogy around the teaching of rights and justice.

This collection brings together academic analysis of leading contemporary accounts of the British Constitution with key constitutional documents and sources while also offering analysis of the leading histories of the Constitution.The works in question represent examples of the constitutionally most significant legislation, judicial decisions and commentaries by scholars and key actors. Its scope is the 700 years of English and then British history from the Magna Carta to Britain as an imperial power grappling with the question of how to govern India.The contributors, presenting a balance of established academics and early career researchers, present an original and succinct account of the significance of each leading work. They draw upon the context in which it was written, contemporary literature and more modern academic analysis of the work and its author(s).Presenting a complement to standard texts on the history of the Constitution, the book will be of interest to researchers and academics working in the areas of Constitutional Law and Politics, Public Law and Legal History.

The Fraud Act 2006 presented a wholesale reform of the pre-existing deception offences under the Theft Act 1968 and Theft Act 1978. This edited collection offers a critical evaluation of fraud legislation and provides a review of the Fraud Act 2006 within the context of measures introduced within the previous decade to combat financial crime, fraud and white-collar offences. The edited collection brings together contributors from a range of unique perspectives including academics, practitioners and a former member of the judiciary. It covers several related themes and provides the reader with a unique and original commentary on how the Fraud Act 2006 has been applied by the courts, the type of prosecutions that have taken place, the effectiveness of the Act, and other legislation which is used to prosecute financial crime and corporate misconduct. It covers procedural and evidential aspects relating to fraud trials, namely consideration of the composition of the tribunal of fact in complex fraud trials, and good character directions in fraud trials. It will be of interest to those teaching and researching in Financial Crime, Corporate Law, Criminal Law, the Law of Evidence, Criminology, Criminal Procedure and Sentencing.

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Business Law is all about, Beginning Business Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Business Law module with confidence.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris Monaghan breaks the subject of Business Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Business Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

Whether you’re new to higher education, coming to legal study for the first time or just wondering what Business Law is all about, Beginning Business Law is the ideal introduction to help you hit the ground running. Starting with the basics and an overview of each topic, it will help you come to terms with the structure, themes and issues of the subject so that you can begin your Business Law module with confidence.Adopting a clear and simple approach with legal vocabulary explained in a detailed glossary, Chris Monaghan breaks the subject of Business Law down using practical everyday examples to make it understandable for anyone, whatever their background. Diagrams and flowcharts simplify complex issues, important cases are identified and explained and on-the- spot questions help you recognise potential issues or debates within the law so that you can contribute in classes with confidence.Beginning Business Law is an ideal first introduction to the subject for LLB, GDL or ILEX and especially international students, those enrolled on distance learning courses or on other degree programmes.

The trial of Warren Hastings, former governor general of Bengal, was a seminal moment in late-18th century politics. This collection re-examines this notorious impeachment, in which Hastings was accused of a variety of abuses against the local population, to offer insights into British and Indian attitudes to law, governance and colonization during British imperial rule.Showing how Hastings attracted both spirited support and passionate opponents, The Great Impeachment highlights the various contemporary responses to his trial, and traces how interest and popular opinion waxed and waned over time. Also exploring the wider repercussions of the trial, from its impact on the failed East India Bill and how it reflected on colonial governance, to its depiction in and contribution to popular culture and literature, this book delves into new aspects of this seminal moment in 18th century politics to offer a more complete account of the trial and its outcomes, and put forth fresh perspectives on law, governance and empire in colonial India.

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics — to mention just a few issues — a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies.The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective —trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms — others express concern about the risk of ‘overloads’, ‘gaps’, and ‘traps’. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed ‘pathologies of accountability’, post-human governance, and a novel focus on balance and proportionality.

This book explores accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies. Accountability matters. It matters because it connects the governors with the governed, and for this reason it is a hallmark of democratic governance. And yet, amidst a backdrop of concerns about democratic back-sliding, the rise of populism, the role of algorithmic governance, moral barbarism, and post-truth politics — to mention just a few issues — a number of potentially far-reaching questions of accountability have been asked. It is for exactly this reason that this book explores the concept of accountability from a range of perspectives, crossing traditional disciplinary, thematic, and professional boundaries. It asks fresh questions about accountability and its place and importance in democratic societies.The book considers the questions raised by the shifting architecture of accountability. Whilst some scholars suggest that accountability processes have never been so effective —trumpeting the rise of monitory democracy with its dense array of watchdogs, sleaze-busters, auditors, legislative committees, statutory supports, and investigative mechanisms — others express concern about the risk of ‘overloads’, ‘gaps’, and ‘traps’. This has led to a focus on fuzzy accountability and diagonal accountability, pointing to increasing conceptual confusion. Bringing together world-leading scholars and former politicians and public servants, the book cuts through this confusion and provides the reader with the answers to the most debated issues, including rarely discussed ‘pathologies of accountability’, post-human governance, and a novel focus on balance and proportionality.

This book brings together leading experts on the United Kingdom’s constitutional arrangements to show how the constitution works, the role played by actors, and the scope for reform.The experts are practitioners from the fields of law and politics, and include former judges, ministers and law officers, parliamentarians, a law commissioner, barristers, a former clerk of the House of Commons, Lord Speaker, First Minister of Wales, and the Prime Minster of New Zealand. Each contributor has been, or is, a constitutional actor and their chapter draws upon this unique first-hand experience. In addition to contributions on the UK Constitution, there are three comparative chapters that explore constitutional reform in Jamaica, and the constitutions of Denmark and New Zealand. The chapters explore issues and themes such as devolution, protecting standards in public life, breaches of political trust and the role of the law, House of Lords reform, the role of the law officers, the role of the Law Commission, the Supreme Court as a Constitutional Court, and the experiences of those working in Parliament. Constitutional Actors in the UK Constitution will be of interest to those working in politics, the law, or the civil service, academics who teach and research in politics or law, postgraduate and undergraduate students, and members of the public looking to learn more about the constitution.

This book offers a detailed account of the legal issues concerning the British Indian Ocean Territory (Chagos Islands) by leading experts in the field. It examines the broader significance of the ongoing Bancoult litigation in the UK Courts, the Chagos Islanders' petition to the European Court of Human Rights and Mauritius' successful challenge, under the UN Convention of the Law of the Sea, to the UK government's creation of a Marine Protected Area around the Chagos Archipelago. This book, produced in response to the 50th anniversary of the BIOT's founding, also assesses the impact of the decisions taken in respect of the Territory against a wider background of decolonization while addressing important questions about the lawfulness of maintaining Overseas Territories in the post-colonial era.The chapter ‘Anachronistic As Colonial Remnants May Be...’ - Locating the Rights of the Chagos Islanders As A Case Study of the Operation of Human Rights Law in Colonial Territories is open access under a CC BY 4.0 license via link.springer.com.