This book examines case-based reasoning in constitutional adjudication; that is, how courts decide on constitutional cases by referring to their own prior case law and the case law of other national, foreign, and international courts. Argumentation based on judicial authority is now fundamental to the resolution of constitutional disputes. At the same time, it is the most common form of reasoni…
This book presents a comprehensive comparative analysis of the substantive and procedural aspects of compensation for wrongful convictions in European countries and the USA, as well as the standard derived from the case law of the European Court of Human Rights. The collection draws comparative conclusions as to the similarities and differences between selected jurisdictions and assesses the ef…
Written by leading experts in EAC and EU law, including the President of the EACJ, East African Community Law is the first comprehensive and open-access text book on EAC law which also provides a systemic comparison with the EU. Readership: All interested in East African Law, European Law, International Law, Comparative Law and Human Rights. Ditulis oleh para pakar terkemuka dalam hukum EAC …
Bringing together some of the most distinguished scholars in the field including John Ford, Javier García Martín, David Ibbetson, Annamaria Monti, Peter Oestmann, Heikki Pihlajamäki and Alain Wijffels, this volume looks at the comparative development of legal practice in the early modern period across Europe. Focusing deliberately on the impact of law courts on substantive law – and not on…
This book presents a new method for measuring the effectivity of national and international environmental law. It took four years of research and experimentation to develop a way to construct evidence-based legal indicators. The existing environmental indicators evaluate only statistical, scientific or economic data. With legal indicators, governments, parliaments and other public and private a…
This book is the result of the first interdisciplinary conference in Vietnam which took place on “the Rule of Law.” Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication com…
The Council of Europe and the European Union (EU) have not developed ad hoc legal rules or hard law instruments specifically aimed at protecting the rights of people with autism. At European regional level, the special situation and needs of individuals with autism find recognition and protection within the wider legal framework concerning the rights of persons with disabilities as well as with…
The book is an in-depth study of the origins and the trajectories of the law governing social policies in Brazil, China, India, and South Africa, four middle-income countries in the global South with a history in social policy making that starts in the 1920s. The policies of these countries affect almost half of the world’s population. The book takes the legal framework of the policies as a s…
Through gaining lessons from the doctrine of constitutionality control, the book deals principally with conventionality control achieved by judicial adjudicators. This monograph fills the gap in comparative international human rights law by analysing the practice of conventionality control in Europe and Latin America. Based on the empirical data, the author normatively envisions a ‘trapezium…
Law is usually understood as an orderly, coherent system, but this volume shows that it is often better understood as an entangled web. Bringing together eminent contributors from law, political science, sociology, anthropology, history and political theory, it also suggests that entanglement has been characteristic of law for much of its history. The book shifts the focus to the ways in which …