Hart Publishing

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the...

This book provides a broad perspective of the functioning, evolution, and dynamics of the rule of law in Brazil. It stresses not only how the rule of law has developed in the legal system, but also...

The rule of law, or Rechtsstaatsprinzip, is one of Germany's oldest constitutional principles and forms part of Germany's constitutional self-understanding.This book critically examines to what...

This book examines the operation of the rule of law in the non-liberal democracy of Singapore.The rule of law in Singapore has been both lauded for anchoring efficient and effective government and...

This study, with its approach rooted in EU law and its clear focus on conceptual underpinnings, grapples with one of the most challenging questions facing constitutional lawyers today; namely the...

This selection of lectures, essays and speeches by Lord Judge, nearly all written when he was Lord Chief Justice of England and Wales, brings together his analysis of a wide range of topics which...

Inspired by the work of Professor Michael Taggart, this collection of essays from across the common law world is concerned with two separate but related themes. First, to what extent and by what...

This ambitious restatement grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. If there is one field of private law that...

This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the...

This collection of documents brings together a large number of primary sources on the peaceful settlement of disputes in a usable and affordable format. The documents included reflect the diverse...

International law is fragmented and complex, and at the same time increasingly capable of shaping reality in areas as diverse as human rights, trade and investment, and environmental law. The...

This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the...

The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks -...

This book provides a critical introduction to the core elements of international criminal law. It does so by provoking thought on what international criminal law is, or could be, by contrasting the...

If one were to believe the politicians and pundits in the trade press, the world is in midst of a "telecoms revolution," resulting from (the) deregulation and new competitive opportunities...

The legal and commercial importance of the tort of Conversion is difficult to overstate, and yet there remains a sense that the principles of the tort are elusive. Most recently, this was illustrated...

In a number of important decisions such as Stovin v. Wise, X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue...

This book analyses the transformation of consumer law and policy in Europe from 4 perspectives: first, the temporal transformation, i.e., changes that can be tracked from the turn of the millennium;...

The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the...

This book looks at how the European Court of Human Rights has addressed the question of immigration. As immigration in Europe has increased, so has its criminalisation. This is a multi-faceted...

Designed to succeed previous books on the Maastricht and Amsterdam treaties, this new work includes contributions from leading EU lawyers assessing the Nice Treaty and the Post-Nice process, which is...

The trial is central to the institutional framework of criminal justice. It provides the procedural link between crime and punishment, and is the forum in which both guilt and innocence and sentence...

What are the aims of a criminal trial? What social functions should it perform? And how is the trial as a political institution linked to other institutions in a democratic polity? What follows if we...

The UK's engagement with the legal protection of human rights at a European level has been, at varying stages, pioneering, sceptical and antagonistic. The UK government, media and public opinion have...

This work is a comparative examination of the uniform application of the Brussels and Lugano Conventions by courts in the UK, France, Germany, and various other European countries. It analyses...

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed unitary EU patent system contained in EU Regulations 1257/2012 and...

This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution,...

Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans...

In 1996, the International Court of Justice delivered an Advisory Opinion on the legality of the use of nuclear weapons in which the Court stated that "while the existing international law relating...

Courts are constantly required to know how people think. They may have to decide what a specific person was thinking on a past occasion; how others would have reacted to a particular situation; or...