Hart Publishing – serie

This authoritative textbook offers a thorough, theoretical and practical overview of the current EU legal framework applicable to capital markets. It is intended to enable a critical analysis of the overall regulatory principles as well as the interaction between market actors and EU law which has shaped the regulatory agenda both at national and EU level. The book gives an overview of the foundations of EU capital markets and touches upon issuer disclosure obligations, inappropriate market practices and gatekeepers. EU law is the main focus, complemented by comparative analysis where applicable, primarily relating to UK, French and German laws. Ideal for upper-level undergraduate or graduate law students taking a module in Capital Markets Law, Securities Regulation, Corporate Finance Law or EU Company Law. Also useful for accounting, business or economics MSc students who need to broaden their understanding of the legal aspects of capital markets, and for academics and policy makers.

This collection brings together revised, updated and new essays on EU citizenship by one of the leading commentators in the field. This important collection argues, in the face of increasing pessimism (not least from other citizenship lawyers), that EU citizenship offers much to admire and celebrate. The author explores the question from three perspectives; firstly looking at the status of citizenship in Europe before moving onto perceived points of issue. Finally, the author sets out the added value of citizenship, concluding that despite all the challenges faced, it is well placed to deal with future challenges both in the medium and long term. This is an important statement on the current and future status of a key tenet of European Union law by one of its leading commentators, and will be required reading for all scholars in the field.

By exploring the historic development of marriage laws and changing relationship norms in England, Qatar and Australia; the legal treatment of religious-only unions in light of the family law regime in each country, and the impact of non-recognition, this book reveals the complexities of the law reform needed to tackle these issues.This examination of the differing outcomes for couples who live in England/Wales where cohabitants have no legal rights, Australia where cohabitants do benefit from some legal protections, and Qatar, a Muslim majority state with a modern family law regime which ordinarily recognises religious marriages provides a broad canvas for exploring this issue in depth.The book looks at this very complex issue from a range of perspectives including autonomy, cultural transitions and legal pluralism. It examines the issue of religious-only marriages in order to convey the complex and interwoven narrative which signifies how multifaceted law reform must be in order to adequately respond to these transitioning relationship norms in any given jurisdiction.Of course, relationship norms are not static and they continue to evolve. In light of changing norms and practices, the theoretical framework for this book focuses on the concept of ‘liminality’ or transition, which is being witnessed in the processes and formalities by which Muslims are entering their marriages.

Deakin and Morris’ Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.The seventh edition of Deakin and Morris’ Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.This title is included in Bloomsbury Professional's Employment Law online service.

Kofi Annan concluded the Aarhus Convention was ‘the most ambitious venture in environmental democracy undertaken under the auspices of the United Nations’. 21 years since its adoption, this edited collection reflects on the Convention’s impact across a number of key themes. It explores the Convention’s role in the legal and political order; its jurisdictional impact; the role of the Compliance Committee; Aarhus and the European Union; Aarhus and Brexit. It also looks at the Convention’s national impact, charting its application in practice in England and Wales, Scotland, Northern Ireland and Ireland. It addresses procedural issues such as standing, costs and remedies. Addressing questions of origins and scope to policy and practice, all environmental lawyers will find this collection invaluable.

This is the last volume of the four-volume series Asian Comparative Constitutional Law which aims to provide an authoritative account of four major issues in comparative constitutional law across Asian jurisdictions. The present volume focuses on constitutional rights – or basic rights enshrined in constitutions in nineteen Asian jurisdictions. The volume explores four sets of questions:The first set of questions concerns how constitutional rights originated in Asia and spread across the continent. Where do constitutional rights come from? How do constitutional rights reflect global human rights norms? And how do constitutional rights reflect local values and conditions? The second set of questions focuses on the formal legal architecture of rights. How fundamental rights are provided for in Asian constitutions and what are the legal features of these rights?The third set of questions pertains to the functions of constitutional rights in Asian constitutions. What roles these rights play in society and how are they used to address socioeconomic issues such as inequality?Finally, the volume asks questions about legal doctrine. How are constitutional rights interpreted? Who interprets them? And what are the doctrines (e.g. proportionality) used to interpret constitutional rights? Nineteen Asian jurisdictions are covered in this volume; these range from those in East Asia (Japan, South Korea, North Korea, Mongolia, the People’s Republic of China, Taiwan, and Hong Kong), Southeast Asia (Malaysia, Singapore, Myanmar, the Philippines, Indonesia, Thailand, and Laos), and South Asia (India, Pakistan, the Maldives, Bangladesh, and Sri Lanka).

Over the past decades a growing number of countries have offered citizenship or residence in return for a donation or investment. Taking a multi-disciplinary approach to the study of this phenomenon, this open access collection examines its legal, political, and conceptual implications.The volume consists of four parts. The first part documents recent trends in investment migration and seeks to understand its implications for our understanding of the concept of citizenship. The second part provides a legal and normative assessment of investment migration, from the perspective of both EU and international law. The third part presents case studies of investment migration practices in countries from around the world, including from jurisdictions that have so far remained under-researched. The fourth part deals with the specific EU legal-political context and also engages with the case launched by the European Commission against Malta. The book assembles the leading experts in the field and offers a rigorous and balanced analysis of this sometimes controversial field.The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Central European University.

This book fills a gap in the existing literature by providing a thorough assessment of EU regulations as a source of secondary legislation and their application in all twenty-seven Member States. It also explores that application in neighbouring countries. EU regulations are perceived as the strongest and the most effective sources of EU secondary legislation and it is well-established by the Court of Justice of the European Union that their provisions have vertical and horizontal direct effect. Part 1 of this book examines these points, providing a backdrop to the analysis in the remaining chapters. Parts 2 and 3 focus on the national reception of EU regulations in Member States, and in selected neighbouring jurisdictions. Written by leading practitioners and academics, the book offers both a conceptual underpinning to this element of the European Union’s law-making, as well as its practical application.

Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions.The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including:- ensuring there is a fair hearing process;- standards and conduct of decision-makers;- successful communication;- taking into account the needs of vulnerable participants and litigants in person;- case management;- assessing evidence; and- the process of reaching and then delivering a well-structured decision.The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.

Do free speech rights apply against private actors?Free Speech Theory challenges contemporary thought on this issue. It champions free speech not for its contribution to epistemic advance or informed democratic participation, but as a product of individuality, located in a system of freedom from state control. This has wide-ranging implications for rights-claims directed against private actors concerning online, workplace, and public-interest based forms of speech.This innovative, rigorously researched, and comprehensive restatement of free speech principle is both topical and important. It has significance for policy makers, practitioners, and commentators around the world.

This book provides a timely and much-needed critical legal review of children’s participation in healthcare that goes beyond merely documenting the extent and scope of participation, and explores the importance, definition of, and barriers to their meaningful participation. Addressing a gap in the literature, the book uses a combination of empirical data, childhood and participatory theory, and legal analysis to study the participation of children and young people in the medical context from a child’s rights perspective. Centring the unheard and underrepresented lived experiences of recent and past child patients, and doctors, the book uses Interpretative Phenomenological Analysis, a methodology traditionally used in psychology, to provide a refreshing and unique exploration of children’s participation in their healthcare. The book explores to what extent national law and international non-binding conventions have created a ‘right’ to participation, studies the application of national law in clinical practice asking whether the law facilitates meaningful participation, and analyses the interaction between law and quasi-legal regulations.The book will be useful for academics, children’s activists, and legal and clinical practitioners.

This book provides the first in-depth scholarly analysis of fraud, the highest volume crime in England and Wales, addressing the challenges faced in building a principled criminal law response by presenting an innovative normative analysis. The UK is now in a pandemic of fraud. There were 4.6 million fraud offences recorded in the year ending March 2021, accounting for 42% of all crime committed against individuals. Fraud is now the highest volume crime in England and Wales; its incidence in the first half of 2021 was described by UK Finance as a ‘national security threat’.The book provides the answers to key questions, such as: - How can the rapidly changing nature of fraud be understood and mapped by criminal lawyers? - How does fraud connect to economic crime more broadly? - Is the current landscape for criminalising fraud fit for purpose, in the light of changes to the nature and complexity of wrongdoing? - What are the principled limits to using Artificial Intelligence technologies to detect and to penalise fraud? - Which principles should inform fraud criminalisation and governance following the COVID-19 pandemic, to meet the challenges of a digital age and a stretched criminal justice system?

This book provides an insightful, thought-provoking study of one of the world’s most important courts. The European Court of Justice has had a transformative effect on EU Law but this has not been without controversy.This book explores criticisms levelled against the Court, examining whether concerns over judicial activism, unconventional interpretative methods, conflicts with national courts, and over-reach are justified. Drawing on the expertise of leading commentators, it offers various perspectives from across the spectrum of EU Law. The contributions included in the volume go beyond a legal analysis seeking to provide an understanding of the political and social context in which the Court operates and the wider impact of its judgments.

‘A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition).This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America.The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

This book discusses the ‘theory of dematerialised property’, a constructivist property theory that applies to tangible and intangible property alike. It considers the way in which this theory regards ‘property’ as a creation of the law and considers the possible corporality of things as a conceptually unconnected incidence of the legal-normative conception of the property object. The concept of dematerialised property is a new theory, although in legal practice it seems to have been established intuitively and unconsciously for a long time. The foundation for the discussion of dematerialised property is a theoretical examination of definitions, terminologies and concepts of property, particularly ownership and possession, and restricted real rights, as well as a comparative law overview of concepts of ownership and the acquisition and transfer of property rights in the different common law and civil law property systems. The theory of dematerialised property forms a good theoretical basis for explaining and defining forms of intangible property, like debts, money and shares, and modern forms of property, such as electronic money, non-fungible tokens or data. The book also features the ideas of property theorists in political philosophy, such as Locke and Hegel, and revisits specifically legal theories of property, such as by Hohfeld, but only to the extent to which all these theories are relevant to practical property law. It then deals with economic, sociological and psychological dimensions of property which are behind the mainly legal concept of property, aspects which are generally disregarded in traditional texts on property theory.

This open access book hinges on 3 broad but interlinked elements: sustainable development as a concept, sustainable development in the Global South, and implementation challenges.The advent of the Sustainable Development Goals and the 2030 Agenda have contributed to the deepening of the concept of sustainable development within global and national policy schemes. The fact that sustainable development is crucial for our very survival is no longer a contested issue; rather, the key concern now is how this can be achieved equitably by reconciling competing priorities and concerns of the Global South and the Global North. While the Global South countries are eager to adopt and integrate the 2030 Agenda in their respective policy frameworks, local contexts are often at odds with the global model of sustainable development.The book examines national capacities and institutional arrangements in countries in the Global South. It considers the challenges of integrating sustainable development in national policy frameworks. This includes the role, interactions, and inter-dependence of different branches of international law in, inter alia, protecting human rights, promoting access to justice, ensuring environmental justice, guaranteeing social protection, and safeguarding the rule of law for sustainable societies. This book explores the emerging patterns and processes of development projects that have either succeeded or failed, critical reflections on what has been achieved and whose interests the projects served, and the costs and benefits of particular interventions.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

This book provides an overview of male violence against women and the failure of the legal system. Male violence against women is pervasive. From the bedroom to the boardroom; from the home to the hospital; from the court to the care home, women are subject to male violence. The legal response to this is weak. The violence is either invisible or downplayed. This book explains why and how the law can do better. It explores how violence in different settings reinforces and magnifies the abuse in others. Too often violence against women is considered in silos (sexual assault; domestic abuse; street harassment, etc.). The book argues that they must be seen on a continuum. It brings out the common themes, but also the subtle differences in context between the scenes of violence. In doing so it argues that we cannot understand an incident of male violence against women without understanding the broader context within which that takes place. The book claims that the legal response to male violence against women downplays the severity of the harm or even fails to recognise it. This is a must-read for those interested in criminal law, gender politics, and feminist approaches to law. It is only when the true nature of the problem is grasped that the law can start to provide an effective response to it. This book shows how a better and more effective law can be found.

This book offers a novel jurisprudential account of law by arguing for a conceptual understanding of participation as foundational to a general explanation of law and legitimate authority. In doing so, the book challenges dominant accounts, arguing that the existing failure to separate an explanation of law’s authority from the concept of its legitimacy has left a general explanation of law incomplete. From this, the book argues, both general jurisprudence and broader society have suffered. This is especially so for societies that tend to fall outside the Euro-American concern of much mainstream analytical jurisprudence.The historical experience of such societies, however, reveals much of normative and analytical significance. Bringing together normative, historical archival, and case study analysis, the book develops a positive account of law that highlights the importance of participation as a multifaceted process in the continuous historical development of law and legal system in any society. This account, the book argues, is crucial to a more complete explanation of law’s authoritative function and normative legitimacy. The book’s account of participation, further, foregrounds a broader and more normatively robust understanding of the relationship between a general explanation of law and other philosophically fundamental ideals, namely: freedom, justice, democracy, and deliberation. The book’s examinations, which integrate arguments from scholarship in African political philosophy with mainstream arguments in analytical jurisprudence, lead it to new and original answers to longstanding questions in legal philosophy about the nature of law’s authority, it’s legitimate justification and, the grounds also, for collectively disobeying it.

This volume offers a comprehensive examination of Hans Kelsen’s legal and political philosophy, focusing on four central themes.The first part analyses Kelsen’s theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen’s theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen’s influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen’s legacy.

This book argues that prerogative powers encompass all the non-statutory powers of the Crown. Hence the Crown has no 'third source' powers, common law powers or 'Ram doctrine' style freedoms. Royal Law builds on Dicey's definition of the prerogative, arguing that it comprises all residual non-statutory rights, powers, duties, and immunities historically ascribed to the Crown. However, it contends that Blackstone’s alternative definition, that prerogative powers are only those powers exclusive to the Crown, is also correct. The book explains how Dicey and Blackstone can be reconciled. The prerogative of justice is suggested as the original source of legal authority and legitimacy of common law judicial decisions. Common law is, or was, royal law. Defined as a putative non-statutory, non-prerogative third source of judicial legitimacy, authority or jurisdiction, 'common law' does not exist. There are only two ultimate sources of jurisdictional authority: statute and prerogative.The book further argues that Wade was mistaken to contend that the Crown has 'common law powers'. It also has no 'third source freedoms', as suggested by Harris, or in the 'Ram Doctrine’. The book therefore reframes the relevant case law as examples of judicial regulation of prerogative powers, crucially including the largely-forgotten prerogative power to administer the realm. Hence the book concludes that legal powers such as a minister's power to enter contracts or make ex gratia payments of public money, are directly or indirectly grounded in prerogative power.

The first volume of a three volume series which presents a set of common foundational concepts in criminal law and criminal justice. The series focuses on a comparison between Anglo-American and German concepts, doctrines, principles and structures.Criminal law and criminal justice are becoming increasingly globalised. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing.If we are to overcome these obstacles, we need to engage in a multijurisdictional and comparative conceptual analysis of a kind not provided by previous comparative projects, which typically focus on specific topics or issues. This volume looks for a set of common foundational concepts that could provide the basis for productive trans-jurisdictional exchanges. It provides insight on key topics such as the offences against property, liability for attempts, cyber-crime, the presumption of innocence, the role of victims, and wrongful convictions. It includes contributions from distinguished scholars with international reputations, from a diversity of backgrounds and including theoretical and normative as well as empirical focuses.

This book examines the international standards relating to information exchange, identifying its importance in relation to combatting money laundering, terrorist financing and fraud.Its timely publication follows the Financial Action Task Force (FATF) rating the UK’s anti-money laundering and counterterrorism financing regimes as amongst the best in the world in its fourth Mutual Evaluation Report.The book features an alternative review via three case studies - money laundering, terrorism financing and general fraud. These illustrate the importance of information exchange and highlight flaws in the UK’s legal framework, challenging the conclusions of the FATF. Considering this comprehensive analysis, the book then provides recommendations for reform.

This volume originates from the fourth Public Law Conference, held in Dublin in 2022. Leading scholars and judges from across the common law world presented papers on the making (and re-making) of public law across country studies, historical studies and studies of contemporary and future issues.The book has three broad categories of contribution: country studies which consider the evolution of public law within a particular jurisdictional context; historical studies, which shed light on the foundations of public law; and studies of contemporary and future issues, namely populism, COVID-19, protection of Indigenous peoples, and the public – private divide.

The second edition of this groundbreaking book looks at the key debates and issues in media law, a fast-developing area of scholarship that raises many high-profile and controversial questions.Recent issues include the privacy rights of public figures, the use of legal tools to silence critics, the right to access information held by public bodies, the political power of media owners, the future of public service broadcasting and the regulation of the digital media. The chapters examine the rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications.The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, the book shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era.Authoritative and accessible, the book is essential reading for students and scholars of media law alike.

This open access book establishes an interpretative framework by means of a functionalist-originalist reading of EU law and comparative federalism, in particular US constitutional law. The EU is undergoing one of the most profound structural crises of its history, relating to the rule of law and fundamental rights. The author conceptualises the existential question in terms of ontology, constitutional legitimacy, doctrine and institutional process. By providing the first conceptual methodology (based on comparative federalism and focusing on law and rights) the book develops proposals which can be used to address the EU’s current constitutional challenges.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

Over the last 40 years, David Ibbetson has paved the way in a remarkably broad range of fields.In ancient law, his scholarship has spanned both the detailed doctrine of the Roman law of obligations and the cross-pollination of legal influences around the ancient Mediterranean. His work on English legal history has ranged from the earliest days of the common law through to the turn of the 20th century, combining forensic archival research with a sensitivity to how lawyers thought about their subject. In European legal history, he has shown the porousness of the civil law and the extent to which it has been shaped by other areas of intellectual life, from theology to rationalist philosophy.The contributions to this volume in his honour mirror both the breadth and the depth of Ibbetson’s scholarship. The book combines chapters from leading legal historians, close colleagues and over a dozen of Ibbetson’s students. Some chapters build upon or respond to Ibbetson’s ideas, others his areas of interest. The contributions are introduced by Ibbetson’s valedictory lecture on the importance of legal history to modern practice and scholarship, and the work yet to be done.

This classic textbook provides a thorough overview of European private international law. It is essential reading for both practitioners and students of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores.Opening with foundational questions, the book clearly explains the subject’s central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters.Drawing on the author’s rich experience, the new edition retains the book’s hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.

This book assembles critical contributions on the work of TRS Allan, the Professor Emeritus of Jurisprudence and Public Law at the University of Cambridge, whose leading work in legal and constitutional theory spans almost 45 years. Allan has charted a distinctive path for legal, political, and moral theory and practice and has become a highly significant figure in the UK and in common law/parliamentary systems around the world. His ideas challenge established opinions about constitutional law within these systems as well as established views about the rule of law from more abstract or philosophical perspectives. Allan claims that law and morality find an inherent connection through the rule of law. He argues that there is a connection that flourishes in common law jurisdictions because although Parliament has sovereign legislative powers, its laws gain their full legal meaning only through an interpretive lens. This lens seeks to reconcile sovereign will with legality’s basic moral ideals, especially the idea that law must be general and capable of guiding behaviour and thus respectful of the equality and dignity of its subjects. Allan’s scholarship is powerful yet controversial, and it has inspired 20 leading scholars from the UK, Canada, Australia and New Zealand to engage with the central themes of his work. By doing so, the contributors help to make that work accessible to a new generation of scholars and students. They also provide a timely framework for engaging in the most important challenges facing our democracies today: how our legal systems do, or do not, honour and respect democracy and therefore legislative sovereignty while at the same time honouring and respecting the rule of law, or the ‘Promise of Legality’.

This book explores criminal sentencing as a political, legal and social process, setting out a democratic account of sentencing in common law jurisdictions. Taking sentencing as a case study of public decision-making in which judges manage public interests, often through value-laden and discretionary choices, it draws on a particular vision of deliberative democracy. This is a vision on which the legitimacy of sentencing decisions is shown to hinge on processes of public reasoning, listening, and deliberation aimed at justifying sentences. The book thereby contributes to the broader project of grounding criminal justice, and the state power that enforces it, within political theory, and aligns criminal scholarship with a leading perspective on public governance.Over the course of its chapters, the book unpacks and illustrates the demands of deliberative democracy for both sentencing participants and the legal frameworks that envelop them. This occurs with reference to the law, scholarship, and practices of various jurisdictions—primarily Canada, England and Wales, and the United States—and engagement with a range of issues: the public character of criminal wrongs and responses, mandatory sentencing provisions, sentencing rationales, lay input, and sentencing guidelines. The book offers a compelling account of criminal justice’s public nature, outlines a framework of legitimacy for the everyday politics of sentencing courts, and provides a coherent foundation for more effective sentencing. In doing so, it shows the moral and practical value of taking democracy seriously and lays groundwork for both reform and future research in criminal theory.