Turning Ideas Into Law
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Key Ideas in Law: The Rule of Law and the Separation of Powers
Author | : Jack Beatson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 193 |
Release | : 2021-07-29 |
Genre | : Law |
ISBN | : 150993880X |
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?
How Our Laws are Made
Author | : John V. Sullivan |
Publisher | : |
Total Pages | : 72 |
Release | : 2007 |
Genre | : Government publications |
ISBN | : |
Turning an Idea Into Law
Author | : United States. Congress. House. Select Committee on the Modernization of Congress |
Publisher | : |
Total Pages | : 0 |
Release | : 2022 |
Genre | : Legislation |
ISBN | : |
Key Ideas in Tort Law
Author | : Peter Cane |
Publisher | : Bloomsbury Publishing |
Total Pages | : 145 |
Release | : 2017-08-10 |
Genre | : Law |
ISBN | : 1509909435 |
This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people's behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of detail about the ideas and values that underlie tort 'doctrine'-tort law's rules and principles, and the way those rules and principles operate in practice. The book is an accessible introduction to tort law that will provide students, scholars and practitioners alike with a fresh and engaging view of the subject. 'In this masterful and engaging survey, Peter Cane provides an array of illuminating perspectives on the law of torts, laying bare its nature, structure and functions, as well as its legal, social and political context.' Andrew Robertson, Professor of Law, Melbourne Law School
Key Ideas in Commercial Law
Author | : William Day |
Publisher | : Bloomsbury Publishing |
Total Pages | : 179 |
Release | : 2023-06-15 |
Genre | : Law |
ISBN | : 1509944230 |
'Students will find this work stimulating, engaging and enlightening. Practitioners in commercial law will find nuanced and insightful articulations of their stock-in-trade.' Sir David Foxton, Judge in Charge of the Commercial Court This book unpacks the themes and controversies that pervade commercial law. Commercial parties trade in three things: property, services and credit. In all but the most basic of businesses, a commercial enterprise must have more than one individual empowered to transact on its behalf. The rules at the heart of commercial law are those that govern when and how a person can bargain for property, services and credit, and to acquire, dispose of, and create interests in assets. Many of these are default rules, which the parties can vary by agreement. Other rules – such as those concerning the priority of competing title claims to assets – are mandatory. Commercial law also involves the taking and allocation of two types of risk: the risk of inadequate or non-performance of agreed obligations, and the risk that counterparties will lack the means to pay what is owed. This book explores the key ideas in commercial law through these five topics: trade, transacting, title, performance risk, and credit risk.
Ideas with Consequences
Author | : Amanda Hollis-Brusky |
Publisher | : Studies in Postwar American Po |
Total Pages | : 265 |
Release | : 2015 |
Genre | : Law |
ISBN | : 0199385521 |
Many of these questions--including the powers of the federal government, the individual right to bear arms, and the parameters of corporate political speech--had long been considered settled. But the Federalist Society was able to upend the existing conventional wisdom, promoting constitutional theories that had previously been dismissed as ludicrously radical. Hollis-Brusky argues that the Federalist Society offers several of the crucial ingredients needed to accomplish this constitutional revolution. It serves as a credentialing institution for conservative lawyers and judges, legitimizes novel interpretations of the constitution through a conservative framework, and provides a judicial audience of like-minded peers, which prevents the well-documented phenomenon of conservative judges turning moderate after years on the bench. Through these functions, it is able to exercise enormous influence on important cases at every level.
Free Movement of Legal Ideas
Author | : Thomas Wilhelmsson |
Publisher | : Bloomsbury Publishing |
Total Pages | : 366 |
Release | : 2024-07-11 |
Genre | : Law |
ISBN | : 1509977260 |
This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
The Idea of Property in Law
Author | : James E. Penner |
Publisher | : Oxford University Press |
Total Pages | : 262 |
Release | : 1997 |
Genre | : Property |
ISBN | : 9780198260295 |
In The Idea of Property in Law, Penner considers the concept of property and its place in the legal environment. Penner proposes that the idea of property as a "bundle of rights" - the right to possess, the right to use, the right to destroy etc. - is deficient as a concept, failing toeffectively characterise any particular sort of legal relation, and evading attempts to decide which rights are critical to the "bundle".Through a thorough exploration of property rules, property rights, and the interests which property serves and protects, Penner develops an alternative interpretation and goes on to consider how property interacts with the broader legal system.
The Impact of Ideas on Legal Development
Author | : Michael Lobban |
Publisher | : Cambridge University Press |
Total Pages | : 311 |
Release | : 2014-07-31 |
Genre | : Law |
ISBN | : 1107475600 |
How have social and philosophical ideas influenced the development of tort law in Europe?