Vito Breda - Böcker

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

Constitutions and their systems are increasingly under pressure from identity groups such as regional and national minorities. Presenting the first comparative analysis of the negotiation of constitutional demands by these groups, Vito Breda uses an innovative methodology to create a richer understanding of the pluralistic nature of modern states. Combining both political and constitutional analysis, Breda expertly analyses cases from the USA, Canada, UK, Spain, Italy, New Zealand and Australia, reviewing the practices of cooperation and litigation between these groups and central institutions. An evaluation of the implications of the Catalonian, Puerto Rican and Scottish referenda show how regionalists seek to negotiate with central governments, defined by what they consider acceptable engagements under constitutional law. Both the systems and the constitutions themselves are changing under the pressure of these groups, but what remains is the distinctive constitutional structure ensuring democratic agreements emerge from difficult negotiation processes. Timely and in-depth, this book is a vital contribution to discussion on constitutional law globally. It will also attract researchers interested in regional issues within law, political science and sociology, and particularly those who study the role of regional or nationalist movements inside democracies.

This insightful book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.Adopting a pragmatic view of regional identity as constantly changing and creating a mistrust of rule by ‘others’, Breda explores a wide range of case studies, including Hong Kong, Northern Ireland and Quebec, where nationalism and political violence have led to state actions becoming discredited. Particular attention is paid to those concerned with the lingering effects of a colonial past in China. The book demonstrates that constitutional law projects visions of what a society is and wants to be, and argues that less hegemonic perspectives increase the likelihood of cooperation, leading to better outcomes for all citizens.The book will be an informative read for academics and students in comparative public law political scientists, and sociologists interested in nationalism and democracy. It will also aid policy-makers seeking to design stable, effective and inclusive constitutions.

This volume presents a collection of essays on objectivity in legal discourse. Has law a distinctive type of objectivity? Is there one specific type of legal objectivity or many, depending on the observatory language utilized? Is objectivity fit for law? The analyses in the various contributions show that the Cartesian paradigm of objectivity is not relevant to the current legal discourse, and new forms of legal objectivity are revealed instead. Each essay, in its distinctive way, analyses the strong commitment of law to objectivity, shedding light on the controversies that surround it.