Hart Publishing imprint: 910 books

The Constitution of Belgium

A Contextual Analysis

by Patricia Popelier, Koen Lemmens
Language: English
Release Date: October 22, 2015

The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium...
by
Language: English
Release Date: June 14, 2011

This book emerged from an extended seminar series held in Edinburgh Law School which sought to explore the complex constitutional arrangements of the European legal space as an inter-connected mosaic. There has been much recent debate concerning the constitutional future of Europe, focusing almost...

We the Court

The European Court of Justice and the European Economic Constitution

by Professor Luis Miguel Poiares Pessoa Maduro
Language: English
Release Date: February 1, 1998

The need to balance power between the Member States and the Union and between public power and the market has created powerful constitutional dilemmas for the European Union. Adopting an inter-disciplinary approach and drawing upon the jurisprudence developed around Article 30, this new book offers...

Human Rights and Private Law

Privacy as Autonomy

by
Language: English
Release Date: April 26, 2007

Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book...

Human Rights Between Law and Politics

The Margin of Appreciation in Post-National Contexts

by
Language: English
Release Date: August 24, 2017

This book analyses human rights in post-national contexts and demonstrates, through the case law of the European Court of Human Rights, that the Margin of Appreciation doctrine is an essential part of human rights adjudication. Current approaches have tended to stress the instrumental value...
by
Language: English
Release Date: February 8, 2018

Vigorous debate exists among constitutional scholars as to the appropriate 'modalities' of constitutional argument, and their relative weight. Many scholars, however, argue that one important modality of constitutional argument involves attention to underlying constitutional purposes or 'values'....

Air Passenger Rights

Ten Years On

by
Language: English
Release Date: January 28, 2016

Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions...
by Professor Robert Kolb
Language: English
Release Date: October 20, 2016

This book seeks to analyse various aspects of international law, the link being how they structure and marshal the different forces in the international legal order. It takes the following approaches to the matter. First, an attempt is made to determine the fundamental characteristics of international...

Constructing the Person in EU Law

Rights, Roles, Identities

by
Language: English
Release Date: July 28, 2016

The European Union places the 'individual' or person, 'at the heart of its activities'. It is a central concept in all of EU economics, politics, society and ethics. The 15 chapters in this innovative edited collection argue that EU law has had a transformative effect on this concept. The collection...
by Professor Marcelo Neves
Language: English
Release Date: May 1, 2013

Transconstitutionalism is a concept used to describe what happens to constitutional law when it is emancipated from the state, in which can be found the origins of constitutional law. Transconstitutionalism does not exist because a multitude of new constitutions have appeared, but because other legal...
by Matej Avbelj
Language: English
Release Date: January 11, 2018

For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and...
by Richard B Macrory
Language: English
Release Date: October 9, 2014

Regulation, Enforcement and Governance in Environmental Law is an updated edition of Richard Macrory's most influential writings. Spanning his entire career, these are all works which have helped shape contemporary environmental law and policy. The book includes the full text of his 2006 Cabinet Office...

General Principles of Law

European and Comparative Perspectives

by
Language: English
Release Date: June 15, 2017

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles...

Reconceptualising European Equality Law

A Comparative Institutional Analysis

by Johanna Croon-Gestefeld
Language: English
Release Date: February 23, 2017

This important new book seeks to widen the understanding of the principle of equality within European law. Firstly, it deconstructs the European Court of Justice's adjudication of cases in the field. It then explores how the Member States' courts decide on the question of equality. This detailed rigorous...
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