Constitutional & Administrative Law

Autobiography of the Rt Hon Lord Woolf, CH

Rt Hon Lord Woolf, CH, House of Lords, UK This memoir gives an intimate and considered account of a remarkable life in law. Starting with his life as a barrister and the Treasury Devil, Lord Woolf then charts his judicial role. It’s many highlights: T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Hazel v Hammersmith, M v Home Office, the Woolf Reforms, the sentencing Thompson and Venables and the Diane Blood case, are all discussed. Exploring welcome changes, and mourning what has been lost, he brings a personal and honest perspective on the most important developments in the common law over the last half century.

UK October 2022 • US October 2022 • 288 pages PB 9781509958429 • £21.99 / $29.95 • HB 9781509958467 • £65.00 / $90.00 ePub 9781509958436 • £19.79 / $27.47 ePdf 9781509958443 • £19.79 / $27.47 Hart Publishing

Executive Power

The Prerogative, Past, Present and Future

Robert Hazell, University College London, UK & Timothy Foot, University College London, UK This book provides a clear and full analysis of the function of the royal prerogative in the changing landscape of the British constitution. The concept of the prerogative is still a source of mystery to most observers. This book demystifies it, clarifying the respective roles of government, Parliament and the courts, looking at the powers that should be codified in statute and considering whether Parliament should have a stronger role.

UK November 2022 • US November 2022 • 416 pages HB 9781509951444 • £85.00 / $115.00 ePub 9781509951451 • £76.50 / $105.78 ePdf 9781509951468 • £76.50 / $105.78 Hart Publishing

Asian Comparative Constitutional Law, Volume 1

Constitution-Making

Edited by Ngoc Son Bui, University of Oxford, UK & Mara Malagodi, Chinese University of Hong Kong This is the first in a 4 volume set that provides the definitive account of the major issues of comparative constitutional law in 19 Asian jurisdictions. This volume explores the process and contents in the making of a new constitution, including the causes, processes, substance, and implantation. The jurisdictions covered include: Bangladesh, Cambodia, China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, Nepal, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, and Vietnam.

UK December 2022 • US December 2022 • 592 pages HB 9781509949694 • £140.00 / $190.00 ePub 9781509949700 • £126.00 / $174.48 ePdf 9781509949717 • £126.00 / $174.48 Hart Publishing

Comparative Perspectives on Constitutionally Conforming Interpretation, 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 May 2023 • US May 2023 • 672 pages HB 9781509953844 • £150.00 / $200.00 ePub 9781509953851 • £135.00 / $186.85 ePdf 9781509953868 • £135.00 / $186.85 Series: Hart Studies in Constitutional Theory • Hart Publishing

British and Canadian Public Law in Comparative Perspective

Edited by Ian Loveland, City, University of London, UK This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. It discusses such issues as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children’s upbringing, and the law regulating libel actions brought by politicians. The contributions to this volume provide detailed analyses of these broad and narrow matters in a comparative perspective, and suggest that the United Kingdom’s public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.

UK November 2022 • US November 2022 • 368 pages PB 9781509947348 • £37.99 / $51.95 Previously published in HB 9781509931095 ePub 9781509931101 • £67.50 / $93.42 ePdf 9781509931118 • £67.50 / $93.42 Hart Publishing

Constitutional Systems of the World Series

Peter Leyland, SOAS, University of London, UK; Andrew Harding, National University of Singapore; Benjamin L Berger, York University, Canada; Rosalind Dixon, University of New South Wales, Australia; Heinz Klug, University of Wisconsin Law School, USA

The Constitutional System of the Hong Kong SAR

A Contextual Analysis

Albert Hung-yee Chen, The University of Hong Kong & Po Jen Yap, The University of Hong Kong This book explores the legal, judicial and constitutional framework of Hong Kong. As with other volumes in the classic Constitutional Systems of the World series, it offers a rigorous overview, looking at general constitutional themes such as law-making and adjudication, before exploring themes specific to the Hong Kong legal order.

UK April 2023 • US April 2023 • 320 pages PB 9781509956333 • £41.99 / $57.95 • HB 9781509956296 • £85.00 / $115.00 ePub 9781509956302 • £76.50 / $105.78 ePdf 9781509956319 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of South Korea

A Contextual Analysis

Chaihark Hahm, Yonsei University, South Korea This book fleshes out the South Korean constitution in its political and historical context and makes it accessible to non-native readers. For the first time in the history of the South Korean nation, the constitution has become a living norm rather than an ornament, or a façade, for illegitimate or ineffectual governments. This means that the constitutional system of South Korea is very much a work-in-progress, whose shape and contours are still being hammered out.

UK December 2022 • US December 2022 • 224 pages HB 9781509919185 • £60.00 / $80.00 ePub 9781509919192 • £54.00 / $75.56 ePdf 9781509919208 • £54.00 / $75.56 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of Bangladesh

A Contextual Analysis

Cynthia Farid, University of Wisconsin Law School, US & Shahdeen Malik, BRAC University, Bangladesh Following the successful formula of the series, this book offers an introductory but authoritative overview to the constitution of Bangladesh. It looks at the shape and working of the constitution, while introducing the reader to it key stakeholders. It sets out the features unique to the Bangladeshi situation and the specific challenges that rise. With the opening key words and end of chapter further reading recommendations, this is the ideal starting point for students of this fascinating state and its governing framework.

UK November 2022 • US November 2022 • 320 pages PB 9781509953974 • £36.99 / $49.95 • HB 9781509953936 • £75.00 / $100.00 ePub 9781509953943 • £67.50 / $93.42 ePdf 9781509953950 • £67.50 / $93.42 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of Italy

A Contextual Analysis

Marta Cartabia, Bocconi University of Milan, Italy & Nicola Lupo, LUISS Guido Carli University, Italy This book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the 3 main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.

UK October 2022 • US October 2022 • 336 pages PB 9781509957866 • £29.99 / $40.95 Previously published in HB 9781509905720 ePub 9781509905737 • £76.50 / $105.78 ePdf 9781509905744 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitutional System of Nepal

A Contextual Analysis

Mara Malagodi, Chinese University of Hong Kong This book presents an evolutionary view of Nepal’s constitutional system grounded in the country’s historico-political context. It focuses on three aspects: Nepal’s processes of state formation and nation building centred on the institution of the Shah monarchy, Hinduism, and the Nepali language, the difficulties in democratising Nepal’s constitutional arrangements and entrenching the doctrine of popular sovereignty, and the frequent changes in Nepal’s fundamental law which also reflect the profound influences of various foreign institutional models (in particular that of a ‘modified’ Westminster model) and their specific re-negotiation in the Nepali context, notwithstanding the fact that Nepal was never colonised.

UK November 2022 • US November 2022 • 224 pages PB 9781509961979 • £29.99 / $40.95 • HB 9781509947256 • £85.00 / $115.00 ePub 9781509947263 • £76.50 / $105.78 ePdf 9781509947270 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of the Russian Federation

A Contextual Analysis

Jane Henderson, Dickson Poon School of Law, UK

Since the first edition of this book, there was a regime change as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a ‘return to traditional values’. The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.

UK August 2022 • US August 2022 • 320 pages PB 9781509961917 • £41.99 / $57.95 • HB 9781509935574 • £85.00 / $115.00 ePub 9781509935581 • £76.50 / $105.78 ePdf 9781509935598 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing

The Constitution of New Zealand

A Contextual Analysis

Matthew SR Palmer, High Court of New Zealand & Dean R Knight, Victoria University, New Zealand This book examines New Zealand’s constitution, through the lens of constitutional realism. It looks at the practices, habits, conventions and norms of constitutional life. It focuses on the structures, processes and culture that govern the exercise of public power – a perspective that is necessary to explore and account for a lived, rather than textual, constitution. The authors skilfully introduce the reader to this fascinating constitutional system with both clear explanation and critical analysis.

UK November 2022 • US November 2022 • 336 pages PB 9781509956456 • £41.99 / $57.95 Previously published in HB 9781849469036 ePub 9781849469043 • £76.50 / $105.78 ePdf 9781849469050 • £76.50 / $105.78 Series: Constitutional Systems of the World • Hart Publishing