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The Legality of Bailouts and Buy Nationals: International Trade Law in a Crisis (Hart Studies in Competition Law)
by Kamala Dawar"This book offers a well-argued and insightful critical assessment of the shortcomings of international trade and competition rules in tackling interventionist State measures in the context of an economic crisis. Dawar offers an evidence-rich account of the challenges that State protectionism creates for international trade liberalisation and for the protection of competition in international markets. Her insights will be particularly interesting in the context of current events leading to another surge of State economic interventionism, both for academics and for policy-makers with an interest in international trade."Dr Albert Sanchez-Graells, University of Bristol Law School"This book bursts the bubble of the self-congratulatory attitude that existing institutions, which were set up to discipline governments from a race to the bottom on economic policy, worked well after the financial crisis. These institutions may have prevented tariff wars, a big achievement compared to the time of the Great Depression. But they went along with the subsidies and state aid that governments put in place after 2007. Such flexibility on economic policy is essential in turbulent times. But these institutions are undermined if flexibility comes with a race to the bottom that shifts money away from policies for the more marginalized sections of society. At a time when the left behinds are changing the political landscape of the world, Kamala's book debunks the myth of the success of existing institutions in containing the economic fallout of the global financial crisis. It gives a sobering warning of what might unfold when institutions deal with economic challenges by turning a blind eye to their own rules for checking unfair competition."Dr Swati Dhingra, Senior Lecturer at the Department of Economics, London School of Economomics'An impressive contribution to our understanding of the financial crisis. Dawar's reading of bailouts and buy national through the lens of competition law and government procurement law and policy is inspirational.'Professor Mary E Footer, University of Nottingham School of Law'The diplomatic fiction that during the crisis years regional and global trade rules ensured a level commercial playing field is skewered by Dawar's trenchant legal analysis.'Professor Simon Evenett, University of St GallenThis book examines the international regulation of crises bailouts and buy national policies. It undertakes this research with specific reference to the crisis years 2008–2012. The book includes a comparative analysis of the regulation of public procurement and subsidies aid at both multilateral and regional levels, identifying the strengths and weakness in the WTO legal framework and selected regional trade agreements (RTAs). Ultimately, the aim of this work is to provide options for improving the consistency of these laws and the regulation of these markets. This is of immediate relevance for good economic governance, as well as for managing future systemic financial crises in the interests of citizens: as tax payers and consumers.
Legality's Borders: An Essay in General Jurisprudence
by Keith Culver Michael GiudiceEnglish-speaking jurisprudence of the last 100 years has devoted considerable attention to questions of identity and continuity. H.L.A. Hart, Joseph Raz, and many others have sought means to identify and distinguish legal from non-legal social situations, and to explain the enduring legality of those typically dynamic social situations. Focus on characterization of legality associated with the state, the most prominent legal phenomena available, has led to an analytical approach dominated by the idea of legal system and analysis of its constituent norms. Yet as far back as Hart's 1961 encounter with international law, the system-focussed approach to legality has experienced moments of self-doubt. From international law to the new legal order of the European Union, to shared governance and overlapping jurisdiction in transboundary areas, what at least appear to be instances of legality are at best weakly explained by approaches which presume the centrality of legal system as the mark and measure of social situations fully worthy of the title of legality. What next, as phenomena threaten to outstrip theory? Legality's Borders: An Essay in General Jurisprudence explains the rudiments of an inter-institutional theory of law, a theory which finds legality in the interaction between legal institutions, whose legality we characterise in terms of the kinds of norms they use rather than their content or system-membership. Prominent forms of legality such as the law-state and international law are then explained as particular forms of complex agglomeration of legal institutions, varying in form and complexity rather than sheer legality. This approach enables a fundamental shift in approach to the problems of identity and continuity of characteristically legal situations in social life: once legality is decoupled from legal system, the patterns of intense mutual reference amongst the legal institutions of the law-state can be seen as one justifiably prominent form of legality amongst others including overlapping forms of legality such as the European Union. Identity over time, on this view, is less a fixed set of characteristics than a history of intense mutual interaction of legal institutions, comparable against similar other agglomerations of legal institutions.
Legalization of International Law and Politics: Multi-Level Governance of Human Rights and Aggression
by Henry (Chip) Carey Stacey M. MitchellThis book provides an expanded conceptualization of legalization that focuses on implementation of obligation, precision, and delegation at the international and domestic levels of politics. By adding domestic politics and the actors to the international level of analysis, the authors add the insights of Kenneth Waltz, Graham Allison, and Louis Henkin to understand why most international law is developed and observed most of the time. However, the authors argue that law-breaking and law-distorting occurs as a part of negative legalization. Consequently, the book offers a framework for understanding how international law both produces and undermines order and justice. The authors also draw from realist, liberal, constructivist, cosmopolitan and critical theories to analyse how legalization can both build and/or undermine consensus, which results in either positive or negative legalization of international law. The authors argue that legalization is a process over time and not just a snapshot in time.
Legalized Casino Gaming in the United States: The Economic and Social Impact
by Cathy Hc HsuCovering the entire United States gaming market, Legalized Casino Gaming in the United States provides gaming researchers, policymakers, and hospitality students comprehensive overview of the history, development, legislation, and economic and social impacts of riverboat, land-based, and Native American casino gaming. Containing national and regional research about the industry, this book will provide students with a historical view on gaming and the hospitality industry, offer researchers data and current market status of the industry; and will give policymakers information about the advantages and disadvantages of a gaming industry in their community.Comprehensive and thorough, Legalized Casino Gaming in the United States is full of case studies, data, and surveys that provide you with credible information on community incomes, residents’attitudes about gaming, and gaming taxes in certain states. This fact-filled book will help you evaluate and learn about the pros and cons of the industry, including: reviewing changes in the gaming laws and regulations in particular regions and segments of the industry explaining laws and regulations by state for riverboat and other Native American land-based gaming examining negative and positive social impacts of gaming, including crime; quality of life; community services; availability of entertainment, recreation, and cultural activities; community attractiveness, such as reputation, appearance, cleanliness, and traffic; local resident attitudes; and pathological gaming explaining Nevada’s gaming regulatory system, including the roles of the Nevada Gaming Commission and Gaming Control Board, and discussing issues related to currency transactions, exclusion lists, work permits, customer disputes, and underage gambling discussing positive economic aspects of Native American gaming, such as tax benefits, in Connecticut, Wisconsin, Oregon, and Minnesota, and how the industry impacts surrounding communitiesExamining the industry from ethical, economic, and social standpoints, the contributors offer you several perspectives of a situation, not just one side of an issue, to help you make educated decisions or opinions about gaming. Bolstered with charts, graphs, tables, and future research recommendations, Legalized Casino Gaming in the United States offers you an in-depth and comprehensive look at the gaming industry, helping you weigh the positive and negative effects of one of the most popular areas of hospitality.
Legalized Casino Gaming in the United States: The Economic and Social Impact
by Cathy Hc HsuCovering the entire United States gaming market, Legalized Casino Gaming in the United States provides gaming researchers, policymakers, and hospitality students comprehensive overview of the history, development, legislation, and economic and social impacts of riverboat, land-based, and Native American casino gaming. Containing national and regional research about the industry, this book will provide students with a historical view on gaming and the hospitality industry, offer researchers data and current market status of the industry; and will give policymakers information about the advantages and disadvantages of a gaming industry in their community.Comprehensive and thorough, Legalized Casino Gaming in the United States is full of case studies, data, and surveys that provide you with credible information on community incomes, residents’attitudes about gaming, and gaming taxes in certain states. This fact-filled book will help you evaluate and learn about the pros and cons of the industry, including: reviewing changes in the gaming laws and regulations in particular regions and segments of the industry explaining laws and regulations by state for riverboat and other Native American land-based gaming examining negative and positive social impacts of gaming, including crime; quality of life; community services; availability of entertainment, recreation, and cultural activities; community attractiveness, such as reputation, appearance, cleanliness, and traffic; local resident attitudes; and pathological gaming explaining Nevada’s gaming regulatory system, including the roles of the Nevada Gaming Commission and Gaming Control Board, and discussing issues related to currency transactions, exclusion lists, work permits, customer disputes, and underage gambling discussing positive economic aspects of Native American gaming, such as tax benefits, in Connecticut, Wisconsin, Oregon, and Minnesota, and how the industry impacts surrounding communitiesExamining the industry from ethical, economic, and social standpoints, the contributors offer you several perspectives of a situation, not just one side of an issue, to help you make educated decisions or opinions about gaming. Bolstered with charts, graphs, tables, and future research recommendations, Legalized Casino Gaming in the United States offers you an in-depth and comprehensive look at the gaming industry, helping you weigh the positive and negative effects of one of the most popular areas of hospitality.
Legally Married: Love and Law in the UK and the US
by Scot Peterson Iain McLeanWhat does it really mean to be legally married? The answer seems to vary depending on the cultures, religions and laws of different countries. From English teenagers eloping to Gretna Green to tie the knot without their parents' permission, to whether a wife can own property, it’s clear that marriage law is different depending on where you live and when. Now, the main debate centres on whether the law should be changed so that same-sex couples can marry. The Scottish and UK governments, plus a number of US states, are to legislate to allow same-sex marriage, prompting both celebration and outrage. But amongst all the assumptions, there are few facts, and the debates about same-sex marriage in the UK and the US are taking place in an informational vacuum filled with emotion and rhetoric. 'Legally Married' combines insights from history and law from the UK and Scotland with international examples of how marriage law has developed. Scot Peterson and Iain McLean show how many assumptions about marriage are contestable on a number of grounds, separate fact from fiction and explain the claims made on both sides of the argument over same-sex marriage in terms of their historical context.
Legally Poisoned: How the Law Puts Us at Risk from Toxicants
by Carl F. CranorTake a random walk through your life and you’ll find it is awash in industrial, often toxic, chemicals. Sip water from a plastic bottle and ingest bisphenol A. Prepare dinner in a non-stick frying pan or wear a layer of Gore-Tex only to be exposed to perfluorinated compounds. Hang curtains, clip your baby into a car seat, watch television—all are manufactured with brominated flame-retardants. Cosmetic ingredients, industrial chemicals, pesticides, and other compounds enter our bodies and remain briefly or permanently. Far too many suspected toxic hazards are unleashed every day that affect the development and function of our brain, immune system, reproductive organs, or hormones. But no public health law requires product testing of most chemical compounds before they enter the market. If products are deemed dangerous, toxicants must be forcibly reduced or removed—but only after harm has been done. In this scientifically rigorous legal analysis, Carl Cranor argues that just as pharmaceuticals and pesticides cannot be sold without pre-market testing, other chemical products should be subject to the same safety measures. Cranor shows, in terrifying detail, what risks we run, and that it is entirely possible to design a less dangerous commercial world.
Legally Red: With a foreword by Sir Alex Ferguson
by Maurice WatkinsAt Old Trafford, in the corridors of power, Maurice Watkins was the guiding force. As the club solicitor, and later a director, for thirty-six years he was the man to whom Manchester United turned to negotiate the legal minefields. In his autobiography, written before his passing in 2021, the layers of secrecy are peeled back to expose the brilliance of a character who shaped the club's destiny.From the sacking of Tommy Docherty, through the late-night drive to Scotland to lure Alex Ferguson to the hot seat, to the courtroom defence of Eric Cantona for his 'kung-fu kick' on an abusive fan, Maurice Watkins was the key figure behind the scenes at United. Yet he was also front and centre for the triumphs under Ferguson and the rise of players such as David Beckham and Cristiano Ronaldo. Later, a lifelong love of sports made him a natural for leadership roles throughout the sporting world.Legally Red takes you into the boardroom of one of the greatest football clubs in the world in one of its most successful eras. But, ultimately, it's a story that goes beyond the legal battles of Manchester United. It reveals the human stories, heroics and heartaches that shaped Watkins's remarkable journey.
LegalTech (essentials)
by Clemens Engelhardt Benedikt QuarchDas essential vermittelt einen Überblick über den LegalTech-Markt, seine Akteure, Herausforderungen und Vorteile sowie Investionsmöglichkeiten. LegalTech ist derzeit in aller Munde und es haben sich auf dem europäischen Markt zahlreiche Unternehmen etabliert, die die Rechtsdurchsetzung digitalisieren und sowohl Verbraucher:innen als auch Anwält:innen helfen, effizienter zu arbeiten. Dabei ist LegalTech als wichtiger Teil des Fortschritts nicht mehr aus dem Rechtsmarkt wegzudenken.
The Legendary ‘Lugs Branigan’ – Ireland’s Most Famed Garda: How One Man became Dublin’s Tough Justice Legend
by Kevin C. KearnsGarda and guardian. Protector and punisher. This is ‘Lugs’ Branigan: the man, the legend.The story of ‘Lugs’ Branigan is a tale that is long overdue. It is a story of extraordinary courage and compassion, a story of heroism and altruism, a story of crime, punishment and redemption. The legend of ‘Lugs’’s career as Ireland’s most famous garda (police officer), founded on his physical strength and the manner in which he faced up to the criminal gangs of Dublin over the course of fifty years, is part of Dublin’s folk history.In The Legendary ‘Lugs’ Branigan, bestselling historian Kevin C. Kearns presents a revealing and unvarnished portrait of the man and his life, authenticated by the oral testimony of family members, friends and Garda mates who stood with him through the most harrowing and poignant experiences.Born in the Liberties of Dublin in 1910, Jim Branigan was, by his own admission, a shy, scrawny ‘sissy’ as a lad. Cruelly beaten by bullies in the railway yard where he worked during his teens, he refused to fight back. Yet he went on to become a heavyweight boxing champion and to earn the ‘undisputed reputation as the country's toughest and bravest garda’. Chief Superintendent Edmund Doherty proclaimed him ‘one of those people who become a legend in his own time’.As a garda he refused to carry a baton, relying upon his fists. He took on the vicious ‘animal gangs’ of the 1930s and 40s and in the ‘Battle of Baldoyle’ broke their reign of terror. In the 1950s he quelled the wild ‘rock-and-roll riots’ and tamed the ruffian Teddy boys with their flick-knives. All the while, he was dealing with Dublin's full array of gurriers and criminals.As a devotee of American Western films and books, Branigan emulated the sheriffs by doling out his unique ‘showdown’ brand of summary justice to hooligans and thugs on the street. In the 1960s his riot squad with its Garda ‘posse’ patrolled Dublin's roughest districts in their ‘black Maria’. They contended with the most dangerous rows and riots in the streets, dancehalls and pubs. The cry ‘Lugs is here!’ could instantly scatter a disorderly crowd.Ironically, for all his fame as a tough, fearless garda, he was most beloved for his humanity and compassion. His role as guardian of the battered women of the tenements and as protector and father figure of the city's piteous prostitutes—or ‘pavement hostesses’, as he called them—was unrecorded in the press and hushed up by the Garda brass. Yet, Garda John Collins vouches, ‘Women … oh, he was God to them!’ Upon retirement he entered his ‘old gunfighter’ years; ageing and vulnerable, he became a target for old foes bent on revenge and for ‘young guns’ seeking a quick reputation.A man with a reputation powerful enough to echo through generations of Dubliners, the legendary ‘Lugs’ Branigan finally has a book worthy of his story.
Legends of the Security Services Industry: Profiles in Leadership
by Keith Oringer Michael HymansonThe global contract security market now totals over $200 billion, with the number of private security officers exceeding that of public law enforcement officers. But this wasn’t always the case. Legends of the Security Services Industry: Profiles in Leadership presents the unique stories of 15 industry legends, who transformed the industry from early private detective and small night watch companies into large-scale contract security companies. The large-scale companies include, but are not limited to, Pinkerton, Burns International, The Wackenhut Corporation, Guardsmark, Wells Fargo, and U.S. Security Associates; as well as today’s leading security companies, Allied Universal, Securitas, G4S, Prosegur, and GardaWorld.The book begins in the nineteenth century, with early U.S. legendary detectives: Allan Pinkerton and William Burns. Then, the book focuses largely from the mid-twentieth century to the present, where successive generations of legends built large-scale contract security companies which competed with, and then acquired, those formed by the early legends. Part II legends George Wackenhut, Ira Lipman, and Tom Wathen; Part III legends, Charles Schneider, Kenneth W. Oringer, William Whitmore, Jr., and Albert Berger; and Part IV, Scandinavian legends Jørgen Philip-Sørensen, Lars Nørby Johansen, and Thomas Berglund, all developed major security companies. Part V includes current global security leaders Helena Revoredo Gut, Stephan Crétier, and Steve Jones. Part VI reviews the timelines and successful leadership of these legendary leaders, with a look at the future of the industry. The legends’ personal stories contain colorful insight into how they capitalized on the industry’s explosive growth. While each generation of legends faced unique social and competitive landscapes, their personal stories illustrate how they respectively succeeded. Their leadership and management prowess enabled them to achieve great success, as they displayed vision and achieved their goals through grit, determination, hard work, charisma, organizational skills, and calculated risk-taking. Each chapter has been extensively researched and includes firsthand accounts based on interviews with living legends, colleagues, and family of deceased legends. Personal, company and signature event photos add further color to the moving narrative. Their stories are not only highly interesting, but also provide a framework for current leaders, and the next generation of entrepreneurs, on how to build and lead large-scale security service companies. With a Foreword from Robert D. McCrie, PhD, longtime John Jay Professor and editor of the renowned industry publication The Security Letter.
Legends of the Security Services Industry: Profiles in Leadership
by Keith Oringer Michael HymansonThe global contract security market now totals over $200 billion, with the number of private security officers exceeding that of public law enforcement officers. But this wasn’t always the case. Legends of the Security Services Industry: Profiles in Leadership presents the unique stories of 15 industry legends, who transformed the industry from early private detective and small night watch companies into large-scale contract security companies. The large-scale companies include, but are not limited to, Pinkerton, Burns International, The Wackenhut Corporation, Guardsmark, Wells Fargo, and U.S. Security Associates; as well as today’s leading security companies, Allied Universal, Securitas, G4S, Prosegur, and GardaWorld.The book begins in the nineteenth century, with early U.S. legendary detectives: Allan Pinkerton and William Burns. Then, the book focuses largely from the mid-twentieth century to the present, where successive generations of legends built large-scale contract security companies which competed with, and then acquired, those formed by the early legends. Part II legends George Wackenhut, Ira Lipman, and Tom Wathen; Part III legends, Charles Schneider, Kenneth W. Oringer, William Whitmore, Jr., and Albert Berger; and Part IV, Scandinavian legends Jørgen Philip-Sørensen, Lars Nørby Johansen, and Thomas Berglund, all developed major security companies. Part V includes current global security leaders Helena Revoredo Gut, Stephan Crétier, and Steve Jones. Part VI reviews the timelines and successful leadership of these legendary leaders, with a look at the future of the industry. The legends’ personal stories contain colorful insight into how they capitalized on the industry’s explosive growth. While each generation of legends faced unique social and competitive landscapes, their personal stories illustrate how they respectively succeeded. Their leadership and management prowess enabled them to achieve great success, as they displayed vision and achieved their goals through grit, determination, hard work, charisma, organizational skills, and calculated risk-taking. Each chapter has been extensively researched and includes firsthand accounts based on interviews with living legends, colleagues, and family of deceased legends. Personal, company and signature event photos add further color to the moving narrative. Their stories are not only highly interesting, but also provide a framework for current leaders, and the next generation of entrepreneurs, on how to build and lead large-scale security service companies. With a Foreword from Robert D. McCrie, PhD, longtime John Jay Professor and editor of the renowned industry publication The Security Letter.
Legislating for Equity: The Making of the 2013 Land Acquisition Law
by Jairam Ramesh Muhammad Ali KhanLand ownership in India has always been a risky proposition. The hitherto unfettered power of acquisition and the refusal of the Parliament to recognize the right to own property as a fundamental one, had emboldened the state to stake claim on any land it saw fit. However, in the years 2012-2014, the Government of India embarked on an exercise to not just amend but to rewrite the law on acquisition. This process saw the radical polarization of public opinion into two sharp sides -those who saw acquisition as a necessary tool to India's development (given the absence of other mechanisms guaranteeing clear title), and those who were sharply opposed to an archaic relic that defied the rule of law. This book attempts to explain the rationale employed behind each and every provision by the then Minister and his Principle Aide who helped draft the law. The book is a firsthand account of the challenges faced and the factors that drove the decisions in regulating the State's approach to a resource that is arguably the most important in a land deficit people surplus nation.
Legislating for Human Rights: The Parliamentary Debates on the Human Rights Bill (The Justice Series - Putting Rights into Practice)
by Jonathan Cooper Adrian Marshall-WilliamsAn invaluable compendium of the Parliamentary debates on one of the most far reaching pieces of legislation this century – The Human Rights Act 1998. It is essential reading for those taking cases under the Act or interested in the development of human rights. As well as setting out the Government's intention for each section of the Act in an accessible format,this book is also a good read. Key issues include: Pepper v Hart statements on interpretation of the Human Rights Act;Underlying principles of the Human Rights Act
Legislating Medical Ethics: A Study of the New York State Do-Not-Resuscitate Law (Philosophy and Medicine #48)
by Jonathan BynumCan medical ethics be legislated? Can a complex bioethical question be definitively answered through legislation? In July 1987 the New York State legislature experimented with legislating medical ethics by amending the state's public health law to regulate `Do Not Resuscitate' orders. The consequent law was complex and remains controversial. This volume reviews both the background bioethical debates and the elements of the public policy making process that are essential to understanding New York's experience with the DNR law. It features debates between leading exponents and critics of the law; case studies that examine the impact of New York's DNR law on clinicians, hospitals and patients; and a review of all empirical studies of the law by their lead authors. Appended to the volume is the New York State DNR law and a comprehensive set of background documents. The co-editors, Robert Baker and Martin A. Strosberg, are both professors at Union College, Schenectady, New York. They have collaborated on many projects including, Rationing America's Medical Care: The Oregon Plan and Beyond (Brookings, 1992).
Legislating Morality in America: Debating the Morality of Controversial U.S. Laws and Policies
by Donald P. Haider-MarkelThis title undertakes an impartial, authoritative, and in-depth examination of the moral arguments and ideas behind the laws and policies that govern personal, corporate, and government behavior in the United States.This A–Z encyclopedia surveys the moral arguments that provide the foundation for many of the most important and/or divisive laws, policies, and beliefs that govern modern American society. The work discusses such controversial and important issues as abortion, civil rights, drugs and alcohol, euthanasia, guns, hate crimes, immigration, immunization, natural resource use and protection, prostitution, same-sex marriage, and workplace laws. In the process of surveying historical and current beliefs about appropriate legislative responses to these issues, this work will help readers to understand how conservative and liberal conceptions of justice, fairness, and morality are at the center of so many hot-button political and social issues in 21st century America. The essays featured in the volume cover wide-ranging and controversial topics related to constitutional and religious freedoms, crime and punishment, sexuality and reproduction, environmental protection and public health, national security and civil liberties, social welfare programs, and education.
Legislating Morality in America: Debating the Morality of Controversial U.S. Laws and Policies
by Donald P. Haider-MarkelThis title undertakes an impartial, authoritative, and in-depth examination of the moral arguments and ideas behind the laws and policies that govern personal, corporate, and government behavior in the United States.This A–Z encyclopedia surveys the moral arguments that provide the foundation for many of the most important and/or divisive laws, policies, and beliefs that govern modern American society. The work discusses such controversial and important issues as abortion, civil rights, drugs and alcohol, euthanasia, guns, hate crimes, immigration, immunization, natural resource use and protection, prostitution, same-sex marriage, and workplace laws. In the process of surveying historical and current beliefs about appropriate legislative responses to these issues, this work will help readers to understand how conservative and liberal conceptions of justice, fairness, and morality are at the center of so many hot-button political and social issues in 21st century America. The essays featured in the volume cover wide-ranging and controversial topics related to constitutional and religious freedoms, crime and punishment, sexuality and reproduction, environmental protection and public health, national security and civil liberties, social welfare programs, and education.
Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law
by Meg Russell Daniel GoverThe Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law
by Meg Russell Daniel GoverThe Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
Legislation in Europe: A Comprehensive Guide For Scholars and Practitioners
by Ulrich Karpen Helen XanthakiThis book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Legislation in Europe: A Comprehensive Guide For Scholars and Practitioners (International Association Of Legislation (ial) / Deutsche Gesellschaft Fur Geset Ser. #15)
by Ulrich Karpen Helen XanthakiThis book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Legislation in Europe: A Country by Country Guide
by Ulrich Karpen and Helen XanthakiFollowing on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses:- the national constitutional environment and its connection with EU law;- the nature and types of legislation; - the legislative process;- the drafting process;- jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe.Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.
Legislation in Europe: A Country by Country Guide
Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses:- the national constitutional environment and its connection with EU law;- the nature and types of legislation; - the legislative process;- the drafting process;- jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe.Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.
Legislation of Tort Liability Law in China
by Xinbao ZhangThis book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
Legislative Approximation and Application of EU Law in the Eastern Neighbourhood of the European Union: Towards a Common Regulatory Space? (Routledge Research in EU Law)
by Peter Van Elsuwege Roman PetrovThis book explores the exportation and application of European Union legislation beyond EU borders. It clarifies the means and instruments of the voluntary application of the EU’s norms by third countries and analyses in detail the process of legislative approximation between the EU and its East European neighbours. It also assesses the extent to which the EU is successful in promoting its legal standards abroad. The first part of the book addresses the EU’s mechanisms and instruments promoting the export of its own laws and practices to other countries. Key issues include the post-Lisbon constitutional basis for the EU’s engagement with its Eastern neighbours (Art. 8 TEU); the different methods of acquis export and the impact of a new generation of Association Agreements providing for the establishment of Deep and Comprehensive Free Trade Areas (DCFTAs) and, ultimately, a Neighbourhood Economic Community (NEC) between the EU and its Eastern partners. The second part of the book includes substantive country reports that analyse the process of legislative approximation and application of EU law in the Eastern Partnership countries and Russia, authored by leading academics from the countries concerned. While currently these countries are not working towards full EU membership, the EU encourages them to approximate and converge their legislation with the EU acquis. The book also offers a unique picture of current practice of the application of EU law by judiciaries in the countries of the Eastern Partnership and Russia. The book concludes with reflections on the multi-faceted character of legislative approximation and the challenges surrounding the application of EU law in the EU’s Eastern neighbourhood. The conclusions reached are highly informative as to the effectiveness of present and future EU external regional policies aimed at the promotion of EU common values and EU legislation into the legal orders of third countries.