Comparative

Judges are society's elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must...

The threat of personal harm and destruction from terrorist attacks is nowhere near as great as in Arab nations. However, are counter-terrorism laws in the Arab world formulated and enforced to protect or oppress? Colonialism, Neo-Colonialism, and...

Institutional bypass is a reform strategy that creates alternative institutional regimes to give citizens a choice of service provider and create a form of competition between the dominant institution and the institutional bypass. While novel in the...

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the...

Transnational standards related to the environmental and social sustainability of production processes are becoming commonplace governance tools in the global economy. This book demonstrates how sustainability standards serve two fundamentally different...

Transnational standards related to the environmental and social sustainability of production processes are becoming commonplace governance tools in the global economy. This book demonstrates how sustainability standards serve two fundamentally different...

The enterprise of comparative law is familiar, yet its conceptual whereabouts remain somewhat obscure. Comparing Law: Comparative Law as Reconstruction of Collective Commitments reconstructs comparative law scholarship into a systematic account of...

Conflict of interest occurs at all levels of governance, ranging from local to global, both in the public and the corporate and financial spheres. There is increasing awareness that conflicts of interest may distort decision-making processes and generate...

Comparative Religious Law provides for the first time a study of the regulatory instruments of Jewish, Christian and Muslim religious organisations in Britain in light of their historical religious laws. Norman Doe questions assumptions about the...

A strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary...

Religious liberties are at the centre of many debates on how liberal democratic societies can accommodate diversity. This book considers the interaction between law and religion from a broad international, comparative and jurisprudential perspective and...

The North-South global divide is as much about perception and prejudice as it is about economic disparities. Latin America is no less ruled by hegemonic misrepresentations of its national legal systems. The European image of its laws mostly upholds legal...

This book provides the first comprehensive analysis of globalization's impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil's need to restructure its economy and manage its global...

During the past decade the role of constitutional courts has dramatically changed. Today, constitutional courts condition their decisions with the presumption of constitutionality of statutes, opting to interpret them according to or in harmony with the...

Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust...

This book examines the application of treaties by domestic courts in twelve countries. The central question is whether domestic courts actually provide remedies to private parties who are harmed by a violation of their treaty-based rights. The analysis...

In the modern age of internationalism and globalization, comparative study of law has become a sine qua non for participation in almost all transactions across countries. The Indian Yearbook of Comparative Law 2016 addresses this significant area of...

In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations...

Since the 1990 wave of constitutional reforms in Africa, the role of constitutional courts or courts exercising the power to interpret and apply constitutions have become a critical aspect to the on-going process of constitutional construction,...

Based on a comparative analysis of several hundred religio-juristic treatises and fatwas (religious decisions), Shari'a and Muslim Minorities: The Wasati and Salafi Approaches to Fiqh al-Aqalliyyat al-Muslima offers the most systematic and comprehensive...

Whilst historically communal property has had very different meanings and functions in the UK, China, and other regions of the world, parallel developments are emerging, and modern perceptions are converging even as each region faces its own unique...

By providing enforceable remedies for breaches of Convention Rights in domestic courts, and in allowing judges to scrutinise parliamentary legislation on human rights grounds, the United Kingdom's Human Rights Act 1998 marked a sea-change in the...

Apologies but we at Booksplease don't have a full description for this book.Book InformationISBN 9780820425115Author Roberta KevelsonFormat HardbackPage Count 406Imprint Peter Lang Publishing IncPublisher Peter Lang Publishing IncWeight(grams) 740g

By comparison with other areas of private law, the law of succession has been neglected by modern scholars. This volume contributes to its rehabilitation by examining key issues in succession law from a variety of perspectives: national, historical and...

There are various methods for taking evidence abroad during litigation. This book examines two of these: obtaining legal documents from a foreign national adversarial party during the main proceedings ('cross-border disclosure'); and obtaining documents...

How are foreign relations constitutionally structured in federal unions? How does the foreign affairs constitution of the European Union - itself a federal union in all but name - compare to that of other federal unions? Foreign Relations Federalism: The...

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century...

While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of...

In comparing existing research on Eastern and Central Europe, Central Asia and Latin America, it is clear that legal developments in East and South Asian societies are somewhat under-researched. This volume fills a gap in studies of the effects of...

The European Convention of Human Rights (ECHR) has been relatively neglected in the field of normative human rights theory. This book aims to bridge the gap between human rights theory and the practice of the ECHR. In order to do so, it tests the two...

This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints...

This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of...

There is a considerable mismatch between theories on the influence of the EU outside its borders and concrete knowledge on whether and to what extent the suggested impact is of any practical relevance. The aim of this book, therefore, is to help close...

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and...

In considering diffusion from a global perspective, this book provides timely new insights into its application in a variety of fields and at many levels of both legal and non-legal orderings. This collection contributes to the wider theoretical debate...

Comparative Law offers a thorough grounding in the subject for students and scholars alike, covering essential academic discussions and comparative law methodology. It critically debates both traditional and modern approaches to the discipline and uses...

As individuals travel across borders, societies have become more and more pluralistic. The result of increased migration is the interaction among cultural communities and inevitably clashes between state law and customary law. These cultural conflicts...

This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in...

Populism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering...

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 - comparative, historical and constitutional - which make...