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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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Information Rights
Law and Practice
Philip Coppel QC
This is the third edition of the leading practitioner's work on freedom of information. Designed to provide in-depth legal analysis and practical guidance, this book has become the first port of call for anyone either seeking or handling requests for official information. The latest edition maintains its authorship of expert lawyers. The two years since the previous edition have seen numerous important decisions from the courts and from the Information Tribunal on freedom of information law. The learning from all these has been incorporated into the text, enabling a practitioner to see immediately all relevant cases and the principles that emerge from them. The book is logically organised so that the practitioner can quickly find the top...
July 2010   1632pp    hbk    9781849460118    £95.00   
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Unjust Enrichment and Public Law
A Comparative Study of England, France and the EU
Rebecca Williams
This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outline...
June 2010   304pp    hbk    9781841134147    £50.00   
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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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Risk Regulation and Administrative Constitutionalism
Elizabeth Fisher
Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. As this award-winning work shows, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. Five case studies taken from five different legal cultures demonstrate this point, and the work concludes with a strong argument for re-orienting the focus of scholarship in this area....
June 2010   320pp    pbk    9781849460880    £22.00   
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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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Public Law after the Human Rights Act
Tom Hickman
It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law. Such basic questions include: what is the Human Rights Act? What is the relationship between human rights principles and common law doctrines in public law? Do traditional public law principles need to be replaced? How has the Human Rights Act altered the constitutional relationship between the courts, government and Parliament in the UK? Public Law After the Human Rights Act proposes answers to these questions. Unlike other books on the Human Rights Act, the book looks beyond the H...
May 2010   360pp    pbk    9781841139692    £45.00   
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Administrative Justice in Context
Edited by Michael Adler
This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of ‘contextual changes’ on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to priv...
April 2010   542pp    pbk    9781841139289    £50.00   
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The New Law of Peaceful Protest
Rights and Regulation in the Human Rights Act Era
David Mead
The right to demonstrate is considered fundamental to any democratic system of government, yet in recent years it has received little academic attention. However, events following the recent G20 protests in April 2009 make this a particularly timely work. Setting out and explaining in detail the domestic legal framework that surrounds the right of peaceful protest, the book provides the first extensive analysis of the Strasbourg jurisprudence under Articles 10 and 11 of the European Convention on Human Rights, offering a critical look at recent cases such as Öllinger, Vajnai, Bukta, Oya Ataman, Patyi and Ziliberberg, as well as the older cases that form its bedrock. The principles drawn from this case-law are then synthesised into the r...
April 2010   530pp    pbk    9781841136219    £45.00   
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Repairing British Politics
A Blueprint for Constitutional Change
Richard Gordon QC
The constitutional crisis of 2009, sparked by the 'expenses scandal', led rapidly to the questioning of our entire political order. This book presents a major new constitutional analysis of the way we are governed. At the heart of the crisis lay an absence of accountability at the core of government. Repairing British Politics presents some key arguments for constitutional reform focused around a draft written Constitution underpinned by a new principle of constitutional supremacy. This would replace parliamentary sovereignty, which makes accountability more difficult. A written Constitution is not merely desirable; it is a constitutional necessity if Britain is to have true representative democracy. It would change our lives for the be...
February 2010   198pp    pbk    9781849460491    £17.95   
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