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  • Hart Publishing, Oxford - Good books for lawyers
    on the work of Professor Michael Taggart this book brings together essays on two contrasting issues concerning the scope and intensity of substantive grounds of review Firstly whether and to what extent review on substantive grounds such as unreasonableness proportionality and substantive legitimate expectations should be expanded and intensified and secondly whether review on illegality grounds should ever retreat from the usual correctness standard Fundamental rights as grounds of review raise both of these questions and a separate part is devoted to them Taggart s support for expansion of substantive grounds of review was of a piece with his recognition of the need for judicial restraint or deference in appropriate contexts The latter took the form both of his ultimate opposition to proportionality as a ground for review in non rights cases and of his support for varying intensity review under the illegality heading Such awareness of the bigger picture and the need for balance within it is in short supply in the literature This book is intended to continue Taggart s work in putting the pieces of the jigsaw back together Hanna Wilberg is a Senior Lecturer at the University of Auckland Faculty of Law Mark Elliott is a

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464680 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    decisions and commentary freedom of assembly is widely cherished as a precious human right and as indispensable for the preservation of democratic governance But despite this rhetoric assemblies are subject to extensive regulation such as prior restraints and restrictions on the time place and manner of assemblies This comparative study examines five influential jurisdictions and reveals similarities and inconsistencies between them It finds that freedom of assembly is often subjugated to freedom of expression in a way that disregards the expressive potential of assemblies The shortcomings include the misconstrued content neutrality and public forum doctrines in the US blanket bans and other restrictions based on intangible and distant harm in the UK preventative restrictions and viewpoint discrimination in Germany and the uncertain status of freedom of assembly and opaque judicial reasoning in France Such inconsistencies also present challenges for the European Court of Human Rights in developing a coherent assembly doctrine The book argues that it is time for jurisprudence to move away from a narrowly focused concept of expression and recognise the creative and expressive value of freedom of assembly Orsolya Salát is an Assistant Professor of Human Rights and Comparative Constitutional Law at the ELTE University Faculty for

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849467216 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    realising those legally protected rights This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights Contributors seek to take stock of the extent to which national and sub national parliaments have developed legislative review for human rights compatibility and the effect of international initiatives to increase the role of parliaments in relation to human rights They also consider the relationship between legislative review and judicial review for human rights compatibility and whether courts could do more to incentivise better democratic deliberation about human rights Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law and courts in turn pay closer attention

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465618 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Law Human Rights Acts The Mechanisms Compared First Edition Kris Gledhill There are now a number of statutes in different parts of the world that offer non constitutional protection for human rights through mechanisms such as strong interpretive obligations quasi tort actions and obligations on legislatures to consider whether statutes are felt to breach human rights obligations They exist in New Zealand the United Kingdom Ireland the Australian Capital Territory and Victoria The aim of this book is to consider the jurisprudence that has developed in these various jurisdictions relating to these mechanics for the promotion of human rights Relevant case law from countries that have a constitutional approach such as Canada South Africa and the United States is also featured Chapters cover such matters as the choice between a constitutional and non constitutional bill of rights the different approaches adopted as to how legislators are alerted to possible breaches of fundamental rights as Bills progress the extent of the interpretive obligation the consequences of failing to reach a rights compliant interpretation the remedies available in litigation and any alternatives to litigation The book is aimed at practitioners and also at academics and policy makers Kris Gledhill is a Senior

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460965 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    International Association of Constitutional Law established an Interest Group on The Use of Foreign Precedents by Constitutional Judges to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases Its purpose was to determine through empirical analysis employing both quantitative and qualitative indicators the extent to which foreign case law is cited The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions The present work includes studies by scholars from African American Asian European Latin American and Oceania countries representing jurisdictions belonging to both common law and civil law traditions and countries employing both centralised and decentralised systems of judicial review The results published here for the first time give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts Tania Groppi is Professor of Public Law at the University of Siena Marie Claire Ponthoreau is Professor of Constitutional Law and Comparative Law at theUniversity of Bordeaux Hardback March 2013 9781849462716

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849466592 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the law have to say about a secession crisis But rather than approaching secession through the optic of political or nationalist institutional accommodation this book focuses on the underpinnings to a constitutional order as a law making community underpinnings laid bare by secession pressures Relying on the corrosive effects of secession it explores the deep structure of a constitutional order and the motive forces creating and sustaining that order A core idea is that the normativity of law is best understood through a constitutional optic as an integrative associative force Constitutionalising Secession critically analyses conceptions of constitutional order implicit in the leading models of secession and takes as a leading case study the judicial and legislative response to secession in Canada The book therefore develops a concept of constitutionalism and law making associative constitutionalism to describe their deep structure as a continuing integrative process of association This model of a dynamic process of value formation can address both the association and the disassociation of constitutional systems David Haljan is an Affiliated Senior Researcher in the Institute for Constitutional Law of the Faculty of Law at the University of Leuven and Co Editor of the Constitutional Law Series International Encyclopaedia of

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464376 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    judges study legal sources that originated outside their own national legal system and how do they use arguments from these sources in deciding domestic cases Based on interviews with judges this book presents the inside story of how judges engage with international and comparative law in the highest courts of the United Kingdom Canada the United States France and the Netherlands A comparative analysis of the views and experiences of the judges clarifies how the decision making of these Western courts has developed in light of the internationalisation of law and the increased opportunities for transnational judicial communication While the qualitative analysis reveals the motives that judges claim for using foreign law and the influence of globalist and localist approaches to judging the author also finds suggestions of a convergence of practices between the courts that are the subject of this study This empirical analysis is complemented by a constitutional theoretical inquiry into the procedural and substantive factors of legal evolution which enable or constrain the development and possible convergence of highest courts practices The two strands of the analysis are connected in a final contextual reflection on the future development of the role of Western highest courts Elaine Mak

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465540 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    comparative constitutionalism Israeli constitutional law is a fascinating case study constituted of many dilemmas It is moving from the old British tradition of an unwritten constitution and no judicial review of legislation to fully fledged constitutionalism endorsing judicial review and based on the text of a series of basic laws At the same time it is struggling with major questions of identity in the context of Israel s constitutional vision of a Jewish and Democratic state Israeli Constitutional Law in the Making offers a comprehensive study of Israeli constitutional law in a systematic manner that moves from constitution making to specific areas of contestation including state religion relations national security social rights as well as structural questions of judicial review It features contributions by leading scholars of Israeli constitutional law with comparative comments by leading scholars of constitutional law from Europe and the United States Gideon Sapir is a Professor of Constitutional Law at the Faculty of Law of Bar Ilan University Daphne Barak Erez is a Justice of the Supreme Court of Israel She was formerly Dean of the Faculty of Law at Tel Aviv University Aharon Barak served as the President of the Supreme Court of Israel and

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849464093 (2016-02-13)
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