Hart Publishing Textbook Catalogue 2019

Key Ideas in Constitutional Law David Feldman All states, and many other non-state entities, have constitutions, yet the notion of “a constitution” is elusive. Is it a document, collection of documents, set of working rules, values, or aspirations? Does “the constitution” describe the workings of governmental institutions and officials or prescribe how they ought to behave? Are any provisions, or kinds of provisions, necessary in order for a state to have a “constitution”? Are “constitutions” founded on shared ideals, or are they frameworks for peacefully resolving deeply felt disagreements about ideals? This book helps readers to address these questions by examining a number of ideas which are key to understanding the phenomena which we call “constitutions”, including power, political associations, institutions and the common good. By drawing on a number of constitutional systems, the book offers an anatomy of constitutions and a notion of constitutionalism which can help to illuminate any constitution. David Feldman is the Rouse Ball Professor of English Law at the University of Cambridge, and a Fellow of Downing College. Mar 2020 9781509910021 144pp Pbk RSP: £9.99 Key Ideas in Administrative Law Jason NE Varuhas This book offers an accessible critical introduction to administrative law by reference to a number of key ideas which characterise administrative law. By way of introduction the book considers the different theories that have been advanced to explain administrative law, including their explanatory strengths and weaknesses. The book considers the question of scope, that is who is bound by administrative law principles. The book then examines the obligations imposed by administrative law, including consideration of who has standing to sue for breach of these duties and the remedies available for breach. Lastly, the book considers, by reference to cutting-edge issues in administrative law, the tension between two key ideas that underpin administrative law: administrative autonomy and legal control. Jason NE Varuhas is Associate Professor at the University of Melbourne. Jan 2020 9781509910618 128pp Pbk RSP: £9.99 Cases, Materials and Text on Judicial Review of Administrative Action Edited by Chris Backes and Mariolina Eliantonio This casebook studies the lawgoverning judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. Chris Backes is Professor of Environmental and Planning Law at the University of Utrecht. Mariolina Eliantonio is Professor of European and Comparative Administrative Law and Procedure at Maastricht University. May 2019 9781509921478 784pp Pbk RSP: £49.99 Constitutional Law Constitutionalism in Asia Cases and Materials Wen-Chen Chang, Li-ann Thio, Kevin YL Tan and Jiunn-rong Yeh This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading. Wen-Chen Chang is Professor at the College of Law, National Taiwan University. Li-ann Thio is Professor of Law (Provost's Chair) at the National University of Singapore and a former Nominated Member of the Singapore Parliament (Eleventh Session). Kevin YL Tan is Adjunct Professor at the Faculty of Law, National University of Singapore. Jiunn-rong Yeh is University Professor at the College of Law, National Taiwan University. Feb 2014 9781849462341 1170pp Pbk RSP: £54.99 SEVENTH EDITION The Law-Making Process Michael Zander As a critical analysis of the law-making process, this book has no equal. For more than three decades it has filled a gap in the requirements of students in law or political science taking introductory courses on the legal system and is now in its 7th edition. It deals with every aspect of the law-making process: the preparation of legislation; its passage through Parliament; statutory interpretation; binding precedent; how precedent works; law reporting; the nature of the judicial role; European Union law; and the process of law reform. It presents a large number of original texts from a variety of sources – cases, official reports, articles, books, speeches and empirical research studies – laced with the author’s informed commentary and reflections on the subject. This book is a mine of information dealing with both the broad sweep of the subject and with all its detailed ramifications. Michael ZanderQC is Emeritus Professor at the London School of Economics and Political Science, where he taught from 1963 to 1988. Mar 2015 9781849465625 510pp Pbk RSP: £41.99 5

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