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The Constitution of South Africa
A Contextual Analysis
Heinz Klug
South Africa’s 1996 ‘Final’ Constitution is widely recognised as the crowning achievement of the country’s dramatic transition to democracy. This transition began with the unbanning of the liberation movements and release of Nelson Mandela from prison in February 1990. This book presents the South African Constitution in its historical and social context, providing students and teachers of constitutional law and politics an invaluable resource through which to understand the emergence, development and continuing application of the supreme law of South Africa. The chapters present a detailed analysis of the different provisions of the Constitution, providing a clear, accessible and informed view of the constitution’s structure and role in th...
July 2010   311pp    pbk    9781841137377    £16.95   
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Administrative Tribunals and Adjudication
Peter Cane
One of the most significant constitutional developments of the past century has been the creation and proliferation of Ò'administrative tribunals' the main function of which is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a task also performed by courts in 'judicial review' proceedings and appeals. Tribunals in aggregate adjudicate many more such disputes than courts, but have received relatively little scholarly attention. This book compares tribunals in Australia, the UK and the US. It offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters...
June 2010   314pp    pbk    9781849460910    £25.00   
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Financial Supervision in a Comparative Perspective
Margherita Poto
This book provides an overview about the role of the independent administrative authorities assigned to the oversight of financial markets, by outlining both the historic and economic background, the warp and the weft of the European system, and where these authorities have emerged and now operate. The first part of the book will deal with the socio-economical background, in order to contextualise the activities of these agencies, and understand the roles they play and the influence they have on the domestic systems. In the second part of the book the German and British legal models are compared in order to provide some examples of independent authorities operating in the financial sector and to determine their characteristics, powers, fu...
May 2010   110pp    pbk    9789400000483    £45.00   
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Enforcement and Enforceability
Tradition and Reform
C.H. van Rhee, Alan Uzelac
Enforcement of court judgments and other enforceable documents was until about a decade ago a relatively neglected subject, both as a topic of systematic and comparative legal research, and as an area for harmonization at the regional and international level. This situation has changed somewhat in the first years of the third millennium, which may be attributed to the encounter with massive inefficiencies of the mechanisms of legal protection in a number of European countries. The ambition of this book is to contribute to the efforts devoted to the comparative study and research in the area of enforcement. The book aims at supplying a number of perspectives on the development of enforcement practices and structures, mainly in Europe. The...
May 2010   377pp    pbk    9789400000735    £83.00   
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Mistakes in Contract Law
Catharine MacMillan
It is a matter of some difficulty for the English lawyer to predict the effect of a misapprehension upon the formation of a contract. The common law doctrine of mistake is a confused one, with contradictory theoretical underpinnings and seemingly irreconcilable cases. This book explains the common law doctrine through an examination of the historical development of the doctrine in English law. Beginning with an overview of contractual mistakes in Roman law, the book examines how theories of mistake were received at various points into English contract law from Roman and civil law sources. These transplants, made for pragmatic rather than principled reasons, combined in an uneasy manner with the pre-existing English contract law. The book al...
January 2010   346pp    hbk    9781841135076    £50.00   
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Vertical Agreements and Competition Law
A Comparative Study of the EU and US Regimes
Sandra Marco Colino
This book focuses on the current legal framework for vertical agreements in the EU and the US. Over the last ten years, antitrust rules governing these agreements have undergone thorough reform. In the EU, the old sector-specific block exemptions were replaced by Regulation 2790/99, applicable to all sectors of the economy. In addition, changes introduced to the procedural rules have led to the decentralisation of Article 81(3) and the removal of the notification requirement. In like manner, in the US the Supreme Court has gradually taken vertical restraints out of the per se illegality rule. What Sylvania achieved in placing non-price vertical restraints under the rule of reason in the late 1970s, the Khan judgment did for maximum resale p...
January 2010   218pp    hbk    9781841138718    £50.00   
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Imperative Inheritance Law in a Late-Modern Society
Five Perspectives
Christoph Castelein, René Foqué and Alain Verbeke
After more than two centuries since the introduction of the Code Napoléon and of relative quiet in both the theory and practice of succession law, it seems now that a period of increasing tension, especially concerning the imperative inheritance law, has commenced. Closer observation of this phenomenon shows a similar development in the broader field of private law since the middle of the nineteenth century: the new social fabric, characteristic of a more industrial type of society, no longer fitted the closed system of private law. In this context, the system of private law faced not only a growing lack of legitimacy, but also a conceptual deficit. The current Napoleonic system, due to its closed self-referential character, has seemed inc...
January 2010   220pp    pbk    9789050959520    £62.00   
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The Constitution of Vietnam
A Contextual Analysis
Mark Sidel
This new book examines constitutional debate and development in one of the most dynamic and rapidly changing societies in Asia, and will be of use to scholars and students of comparative law, comparative constitutional law and Asian law, and practitioners interested in Asia or in Vietnam. The book discusses and analyses the historical development, principles, doctrines and debates which comprise and shape Vietnamese constitutional law today, during a time of reform and debate. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged, how it works, and the main points of debate on it in Vietnamese society. It is written in an a...
August 2009   234pp    pbk    9781841137391    £19.95   
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Administrative Tribunals and Adjudication
Peter Cane
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of ...
August 2009   312pp    hbk    9781841130095    £55.00   
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Constitutions Compared
An Introduction to Comparative Constitutional Law
Aalt Willem Heringa and Philipp Kiiver
This updated and expanded second edition of the successful Constitutions Compared handbook provides a user-friendly introduction to comparative constitutional law. The book covers the constitutional systems of the United States of America, the United Kingdom, Germany, France and the Netherlands. It is intended as a helpful guide for students who are for the first time exploring comparative constitutional law, and as a foundation for more advanced graduate-level courses. The book's comparative approach is thematic. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. The themes addressed are: Origins and main fea...
August 2009   336pp    pbk    9789050959551    £65.00   
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