Interpretation – Comparative Perspectives

Volume 1: National Reports

Edited by Matthias Klatt, University of Graz, Austria

This book is part of a 2-volume set which investigates the canon of constitutionally conforming interpretation Both volumes analyse the canon’s use in the national, supranational and international context and reflect on the issues raised.

This volume presents national reports from 22 jurisdictions, to shed light on the canon’s structural background, the conditions of its application, and its critical reception Together with volume 2, which explores the canon’s impact beyond the national context, this book sets the stage for cross-national discourse

UK September 2023 • US September 2023 • 672 pages

HB 9781509953844 • £150 00 / $200 00 ePub 9781509953851 • £135 00 / $183 59 ePdf 9781509953868 • £135 00 / $183 59

Series: Hart Studies in Constitutional Theory • Hart Publishing

The Methodology of Constitutional Theory

Edited by Dimitrios Kyritsis, University of Essex, UK & Stuart Lakin, University of Reading, UK

What sort of methods are best suited to understanding constitutional doctrines and practices? Should we look to lawyers and legal methods alone, or should we draw upon other disciplines? Should we study constitutions in isolation or in a comparative context?

This volume brings together constitutional experts from around the world to address these types of questions through topical events and challenges such as Brexit, administrative law reforms, and the increasing polarisations in law, politics, and constitutional scholarship

UK August 2023 • US August 2023 • 464 pages

PB 9781509957699 • £44 99 / $60 95

Previously published in HB 9781509933846 ePub 9781509933853 • £85 50 / $116 09 ePdf 9781509933860 • £85 50 / $116 09

Series: Hart Studies in Constitutional Theory Hart Publishing

Pandemocracy in Europe Power, Parliaments and People in Times of COVID-19

Edited by Matthias C Kettemann, University of Innsbruck, Austria & Konrad Lachmayer, Sigmund Freud University, Austria

This open access book situates the impact of COVID-19, and the fight against the virus, on Europe’s democracies The book sets the theoretical stage and answers the democratic questions engaged by health emergencies Seven national case studies – the UK, Germany, Italy, Sweden, Hungary, Switzerland, and France – show how different states reacted to the pandemic

The ebook editions of this book are available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com.

UK July 2023 US July 2023 448 pages

• £42 99 / $58 95

PB 9781509946402

Previously published in HB 9781509946365 ePdf 9781509953134

• £81 00 / $110 69 Hart Publishing ePub 9781509946372

• £0 00 / $0 00 ePdf 9781509946389 • £0 00 / $0 00

Hart Publishing

Facts in Public Law Adjudication

Edited

by Joe Tomlinson, University of York, UK & Anne Carter, Deakin University, Australia

This book considers how courts engage with questions of fact in public law adjudication It also considers whether the existing laws and practices surrounding evidence are sufficient, and how other disciplines might assist the courts

The book reconnects the key practical issues surrounding evidence and facts with the lively academic debate on judicial review in the common law world; it therefore contributes to an emerging area of scholarly debate and also has practical implications for the conduct of litigation and government policy-making

UK September 2023

• US September 2023

HB 9781509957385 • £95 00 / $130 00 ePub 9781509957392 • £85 50 / $116 09 ePdf 9781509957408 • £85 50 / $116 09

Hart Publishing

• 368 pages

The Practical Guide to Public Inquiries

Isabelle Mitchell, Peter Watkin Jones & Sarah Jones, all Eversheds Sutherland (International) LLP & Emma Ireton, Nottingham Trent University

Drawing on the authors’ extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, this book provides an invaluable, comprehensive guide to the public inquiry process

With its user-friendly format of summaries, checklists, ‘top tips’ and flow charts, this book, the first practical guide to public inquiries, provides guidance from the setting up of a public inquiry through to its close It includes information on: the appointment of the chairman and inquiry team; the choice and significance of the venue; the drawing up of inquiry procedures, protocols and rulings; the appointment and role of core participants; evidence taking; conducting and attending hearings; the role of experts and the writing and publication of the inquiry report

UK February 2023

• US February 2023 • 328 pages

PB 9781509968718 • £41 99 / $57 95

Previously published in HB 9781509928347 ePub 9781509928323 • £37 79 / $51 29 ePdf 9781509928330 • £37 79 / $51 29

Hart Publishing

The New Labour Constitution Twenty Years On

Edited by Michael Gordon, University of Liverpool, UK & Adam Tucker, University of Liverpool, UK

The 20th anniversary of the election of the New Labour government in 1997 provides an ideal opportunity to assess the way in which this major programme of constitutional reform changed the nature of the UK constitution This book brings together essays from leading academics in UK public law and politics which assess different aspects of the ‘New Labour Constitution’ 20 years on In combination, these essays analyse the scale and significance of substantive changes, the process of constitutional reform established during this period, and the legacy of New Labour’s constitutional project

UK September 2023 US September 2023 480 pages

PB 9781509957255 • £44 99 / $60 95

Previously published in HB 9781509924646 ePub 9781509924653 ePdf 9781509924660

Constitutional Reasoning in Latin America

Edited by Johanna Fröhlich, Pontifical Catholic University of Chile

This book examines the jurisprudence of 15 constitutional courts and supreme courts, including the Caribbean Commonwealth and the InterAmerican Court of Human Rights By looking at the reason-giving practice by courts, the volume considers how Latin American courts justify their decisions, which is the precondition for constructive criticism and improvement

Based on original data and a region-specific methodology, the book provides a systematic analysis utilising more than 600 leading cases� It shows which interpretive methods and concepts are most favoured by Latin American courts, and which courts were the most and the least prolific in their reasoning activities.

UK August 2024 • US August 2024 • 592 pages

HB 9781509960170 • £120 00 / $160 00 ePub 9781509960187 • £108 00 / $147 14 ePdf 9781509960194 • £108 00 / $147 14

Series: Constitutionalism in Latin America and the Caribbean • Hart Publishing World All Languages (except Spanish)

The Constitution of the Republic of Austria A Contextual Analysis

Manfred Stelzer, University of Vienna, Austria

This book shows how the Austrian Constitution has been shaped by fundamental events in Austria's modern history It emphasises the way in which the Constitution establishes a parliamentary system, with additional presidential features, limited, in turn, by Austria's federal structure and the parliaments of 9 states It charts the history and character of the constitution; the political structure; the legislative and executive branches of the federal government; public bodies; jurisdiction; and fundamental Rights Offering the trademark combination of clarity of explanation and rigour of analysis that defines the series, this is an excellent guide to a fascinating constitutional structure

UK September 2023 • US September 2023 • 304 pages

PB 9781509956739 • £26 99 / $36 95

Previously published in HB 9781509956692 ePub 9781509956708 • £76 50 / $103 94 ePdf 9781509956715 • £76 50 / $103 94

Series: Constitutional Systems of the World Hart Publishing

Delivering Justice

A Holistic and Multidisciplinary Approach

Edited by Xandra Kramer, Utrecht University, the Netherlands, Stefaan Voet, KU Leuven, Belgium, Lorenz Ködderitzsch, Johnson & Johnson, Belgium, Magdalena Tulibacka, Emory Law School Atlanta, Georgia, USA & Burkhard Hess, Max Planck Institute, Luxembourg

In this Liber Amicorum, leading experts and long-time friends come together to pay tribute to Christopher Hodges by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery

Throughout his academic career, Christopher Hodges worked on a variety of topics dealing with access to justice and dispute resolution His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book

UK October 2022

• US December 2022

• 344 pages

• £81 00 / $110 69

• £81 00 / $110 69

Series: Hart Studies in Constitutional Law

• £100 00 / $135 00

HB 9781509961542 ePub 9781509961559 ePdf 9781509961566

Hart Publishing

• £90 00 / $122 84

• £90 00 / $122 84

Hart Studies in Private Law: Essays on Defences

Regulating Boilerplate Resolving the Issues of Imposition and Unfairness in Standard Form Contracts

Marcus Moore, University of British Columbia, Canada

This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate ‘contracts of adhesion’ It adopts a ‘law in context’ methodology to offer solutions

The methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems It looks at models in the US, Canada, the UK, and the EU As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided are much needed

• US November 2023

UK November 2023

HB 9781509951208

• £85 00 / $115 00 ePub 9781509951215

• £76 50 / $103 94 ePdf 9781509951222 £76 50 / $103 94

• 288 pages

Series: International Studies in the Theory of Private Law Hart Publishing

Taking Law Seriously

Essays in Honour of Peter Cane

Edited by James Goudkamp, University of Oxford, UK, Mark Lunney, King’s College

London, UK & Leighton McDonald, Australian National University

This book celebrates the scholarship of Peter Cane, one of the world’s leading legal scholars of the present age The book is comprised of essays written by admirers of Cane’s scholarship The essays probe a wide range of issues, especially in administrative law and tort law, that have long concerned him Consistently with the international prominence that Cane’s research has enjoyed, the contributors are drawn from across the common law world Their essays will be of value to anyone who is interested in Cane’s unique contribution to private and public law scholarship

UK July 2023

• US July 2023

• 392 pages

PB 9781509956074 £44 99 / $60 95

Previously published in HB 9781509940721 ePub 9781509940738 • £85 50 / $116 09 ePdf 9781509940745 • £85 50 / $116 09

Hart Publishing

Corporate Attribution in Private Law

Rachel Leow

This book offers a succinct framework for analysing and answering corporate attribution Taking a broad private law perspective, it determines how companies are held accountable under tort law, contract law and unjust enrichment It argues that attribution is best understood as turning on the same feature: the allocation of the company’s powers to act as human individuals By taking this approach, it allows for a much greater and clearer understanding of attribution Looking at the question from the broad expanse of the common law, this book will be of interest to lawyers in the United Kingdom, Australia, New Zealand and Singapore

UK August 2023

• US August 2023

• 280 pages

PB 9781509941827 • £41 99 / $57 95

Previously published in HB 9781509941353 ePub 9781509941360 • £76 50 / $103 94 ePdf 9781509941377 • £76 50 / $103 94

Series: Hart Studies in Private Law

• Hart Publishing

Justice in Private Law

Peter Jaffey, University of Leicester, UK

This book sets out a general approach to private law, covering contract, tort and private property Identifying certain fundamental aspects of these areas, it illustrates how this approach can provide solutions to longstanding problems It goes on to consider the nature of theories of law in order to make clear the sort of theory suggested Furthermore, it looks at common law legal reasoning and how it is related to the suggested approach� This provides a unique way of thinking about private law and its role in dispensing justice which will be of interest to all those in the field.

UK August 2023 • US August 2023

HB 9781509953882

Questions of Liability Essays on Tort

Donal Nolan, Worcester College, Oxford

In this collection, one of the key commentators on the modern law of tort presents his key articles, with his comment on their impact and reception It focuses on tortious liability and the law of negligence Taking a coherent approach, its 3 part structure looks at negligence; nuisance and Rylands v Fletcher; and tort in general. It makes a significant contribution to debates about the limits and scope of liability in tort law in the UK and other common law systems. Tort scholars and practitioners alike will find this an invaluable statement on tortious liability in the 21st century

UK August 2023

• US August 2023

HB 9781509961924

• 480 pages

• £80 00 / $110 00 ePub 9781509961931 ePdf 9781509961948

Hart Publishing

• £72 00 / $98 54

• £72 00 / $98 54

• 256 pages

• £85 00 / $115 00 ePub 9781509953899 • £76 50 / $103 94 ePdf 9781509953905 • £76 50 / $103 94

Series: Hart Studies in Private Law • Hart Publishing

The Province and Politics of the Economic Torts

John Murphy, University of Lancaster, UK

This book asks whether the economic torts can be considered as a unified whole. Economic torts play a key role in the development of private law The landmark case in the field, OBG v Allan, is one of the most important decisions in the entire law of torts Any search for unity, however, is challenging This book shows that although some juridical connections exist between some of these torts, there is far more that separates than unites them� Offering a unique perspective, this is a landmark publication on the law of economic torts

UK August 2023

• US August 2023

PB 9781509955480

• 320 pages

• £41 99 / $57 95

Previously published in HB 9781509927319 ePub 9781509927326 ePdf 9781509927333

• £76 50 / $103 94

• £76 50 / $103 94

Series: Hart Studies in Private Law

• Hart Publishing

Legal Aid and the Future of Access to Justice

Catrina Denvir, Monash University, Australia, Jacqueline Kinghan, University of Glasgow, UK, Jessica Mant, Monash University, Australia & Daniel Newman, Cardiff University, UK

This book provides a snapshot of the state of contemporary access to justice in England and Wales Through data collected via the Legal Aid Census 2021 and Legal Aid Student Survey 2021, the book examines the impact of austerity and related policies on those at the coalface of social justice and legal aid work It documents the current state of the profession and the social and economic factors that make working in the profession harder than ever before The book will stimulate debate as to the fate of access to justice and legal aid in the future

UK July 2023 • US July 2023 • 288 pages

HB 9781509957804 £85 00 / $115 00 ePub 9781509957811 £76 50 / $103 94 ePdf 9781509957828 • £76 50 / $103 94

Hart Publishing

The Scope of the Enterprise Liability for ‘Joint Enterprise’ Murder and Manslaughter after Jogee

Beatrice Krebs, University of Reading

In R v Jogee the UK Supreme Court did not just abolish parasitic accessory liability, it also redrew the boundaries of murder and manslaughter in situations of multi-handed acts of escalating violence This book considers what scope remains post-Jogee for charging parties to a crime A with murder for a death (crime B) caused by one of their associates, and when a conviction for manslaughter will be appropriate instead In Jogee, the UK Supreme Court suggested that convictions in the paradigm cases of spontaneous group violence would be based on manslaughter by unlawful dangerous act The book will discuss whether manslaughter by recklessness or manslaughter by gross negligence are more appropriate in some scenarios, and how the principles of accessory liability can be combined so as to ground a manslaughter conviction in the first place. One problem the law currently faces is that offence elements that were shaped in the single offender context do not invariably lend themselves to application in multi-defendant contexts, and their use in typical joint enterprise scenarios might not be as straightforward as Jogee suggests This is where the book’s comparative analysis of German criminal law proves useful The book explores how English law can learn from the German experience, including from mistakes that were made in Germany along the way

UK August 2023 • US August 2023 • 320 pages

HB 9781509914807 • £80 00 / $110 00 ePub 9781509914821 • £72 00 / $98 54 ePdf 9781509914814 • £72 00 / $98 54

Hart Publishing

Modern Criminal Law Essays in Honour of GR Sullivan

Edited by A P Simester, National University of Singapore

This book brings together leading scholars from the next generation of UK criminal lawyers to celebrate the work of G R (Bob) Sullivan, Emeritus Professor at University College London, in the year of his retirement from writing Simester and Sullivan’s Criminal Law: Theory and Doctrine The contributors examine areas in which Professor Sullivan’s own writing has been influential, ranging from general doctrines such as causation and culpability, across specific offences like theft and fraud, through defences including necessity and insanity; before turning, finally, to matters affecting the criminal process, notably challenges to the doctrine of precedent in criminal law

UK August 2023 • US August 2023 • 352 pages

HB 9781509956142 £85 00 / $115 00 ePub 9781509956159 £76 50 / $103 94 ePdf 9781509956166 £76 50 / $103 94

Hart Publishing

Transformations in Criminal Jurisdiction

Extraterritoriality and Enforcement

Edited by Micheál Ó Floinn, University of Glasgow, UK, Lindsay Farmer, University of Glasgow, UK, Julia Hörnle, Queen Mary University of London, UK & David Ormerod KC, University College London, UK

This book, based on a series of papers presented at the 2021 WG Hart Legal Workshop, asks how the concept of jurisdiction can meet the challenges posed by transnational dimensions of criminal offences today Part 1 looks at theoretical perspectives on criminal jurisdiction and how traditional jurisdictional concepts and understandings are being challenged, transformed, and reimagined in the era of the internet, cloud computing and social media Part 2 homes in on the investigative powers of the state, to explore how these practical issues can inform the continuing transformation of current challenges

UK August 2023 US August 2023 432 pages

HB 9781509954223 £85 00 / $115 00 ePub 9781509954230 • £76 50 / $103 94 ePdf 9781509954247 • £76 50 / $103 94

Hart Publishing

Access to Justice in Magistrates' Courts

A Study of Defendant Marginalisation

Lucy Welsh, University of Sussex, UK

This book examines access to justice in summary criminal proceedings by considering the ability of defendants to play an active and effective role in the process

The author argues that defendants have always been marginalised through particular features of magistrates’ court proceedings (such as courtroom layout and patterns of behaviour among the professional workgroups in court)

The study is ethnographic, based on observation conducted in four magistrates’ courts in South East England and interviews with both defence lawyers and Crown prosecutors�

UK July 2023 US July 2023 240 pages

PB 9781509956777 £42 99 / $58 95

Previously published in HB 9781509937837 ePub 9781509937844 • £76 50 / $103 94 ePdf 9781509937851 • £76 50 / $103 94

Hart Publishing