13 minute read
ADR & Arbitration / Company Law / Competition Law / Constitutional and Administrative Law
Edited by Thomas Pfeiffer, Heidelberg University, Germany & Jan von Hein, University of Freiburg, Germany This new commentary analyses article-by-article European conflict of law regulations. It looks specifically at: Rome I and Rome II; Brussels Ibis Regulation; Service Regulation; Taking of Evidence Regulation; Enforcement Order Regulation; and European Insolvency Regulation. It also offers the international perspective, exploring the New York Convention and UNCITRAL-ML. It focuses particularly on the revisions to the Brussels I Regulation and the European Insolvency Regulation, and on the relationship between conflict of laws rules and Member States’ national law. Finally, it takes account of disputes before national courts. Authoritative, and rigorous, this is required reading for international private lawyers.
UK March 2022 • US April 2022 • 1008 pages HB 9781509924158 • £295.00 / $400.00 Nomos/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Haukur Logi Karlsson, Reykjavik University, Iceland What constitutes a fair procedure when it comes to EU competition law? This innovative book seeks to understand the philosophical considerations at the core of conflicting procedural fairness arguments in EU competition law practice. It argues for a conceptualisation of procedural fairness as a distributional issue that can be solved by a practical fairness theory and a comprehensive methodology. To illustrate the usefulness of the conceptualisation, three procedural fairness problems from recent EU competition law practice are analysed: - the KME-Chalkor cases; - the Groupe Gascogne cases; and - the regulatory question on a collective redress mechanism for private enforcement.
UK March 2022 • US March 2022 • 192 pages PB 9781509944583 • £36.99 / $49.95 Previously published in HB 9781509935413 ePub 9781509935420 • £67.50 / $88.59 ePdf 9781509935437 • £67.50 / $88.59 Series: Hart Studies in Competition Law • Hart Publishing
The Constitution of Italy
A Contextual Analysis
Marta Cartabia, University of Milano, 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 February 2022 • US February 2022 • 240 pages HB 9781509905720 • £24.99 / $34.95 ePub 9781509905737 • £22.49 / $29.96 ePdf 9781509905744 • £22.49 / $29.96 Series: Constitutional Systems of the World • Hart Publishing Edited by Ursula Schlegel, Stephan Madaus & David Alisson This book shall provide a global compilation of above 50 concise introductions to insolvency/ restructuring jurisdictions; complemented by an overview on international procedural and recognition rules. The reports will be based on an existing compilation of German language reports, in the leading German commentary on insolvency/ restructuring, Munchener Kommentar Insolvensordnung (muKo InsO).
UK March 2022 • US April 2022 • 1008 pages HB 9781509931392 • £250.00 / $340.00 Beck/Hart World English (excluding Austria/Czech Republic/Germany/Japan/Poland/Switzerland)
Constitutional Systems of the World
Peter Leyland, London Metropolitan University, UK; Andrew Harding, National University of Singapore, Singapore; Benjamin L Berger, York University, Canada; Rosalind Dixon, University of New South Wales, Australia; Heinz Klug, University of Wisconsin, USA
The Constitution of Malaysia
Andrew Harding, National University of Singapore This is a much-welcome new edition of the seminal introduction to Malaysia's constitution by the leading expert in the field. Retaining its comprehensive approach, it examines constitutional governance in light of authoritarianism and continuing inter-communal strife, as well as examining the impact of colonisation on Malaysia’s legal public law structure. Updated throughout to include all statutory and case law developments, it also retains its socio-political perspective. A must read for all students and scholars of Malaysian law.
UK March 2022 • US March 2022 • 240 pages PB 9781509927432 • £25.99 / $35.95 ePub 9781509927449 • £23.39 / $31.26 ePdf 9781509927456 • £23.39 / $31.26 Series: Constitutional Systems of the World • Hart Publishing World All Languages (except Malaysian)
The Constitution of New Zealand
A Contextual Analysis
Matthew Palmer, High Court of New Zealand & Dean 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 February 2022 • US February 2022 • 336 pages PB 9781509956456 • £41.99 / $57.95 • HB 9781849469036 • £85.00 / $115.00 ePub 9781849469043 • £76.50 / $100.32 ePdf 9781849469050 • £76.50 / $100.32 Series: Constitutional Systems of the World • Hart Publishing
LAW - HartSeries General Editors: Peter Leyland, Andrew Harding, Benjamin L Berger, Rosalind Dixon and Heinz Klug Accessible, contextual introductions to the constitutional systems of the world. CONSTITUTIONAL SYSTEMS OF THE WORLD
9781509927432 Mar 2022 • £25.99 9781849469036 Feb 2022 • £85 9781509905720 Feb 2022 • £24.99 9781509920532 Oct 2021 • £85
9781509945542 Jul 2021 • £19.99
9781849465359 May 2019 • £65 9781509947171 Jul 2021 • £24.99
9781509903436 Nov 2018 • £21.99 9781509913947 Nov 2019 • £70
9781849465861 Jan 2018 • £27.99 9781509927357 Sep 2019 • £60
9781841137360 Dec 2017 • £21.99
Explore the entire series at www.bloomsbury.com
Hart Publishing, an imprint of Bloomsbury, turned 25 in 2021. We have evolved a lot since 1996 but our commitment to publishing good books for lawyers and providing an outstanding experience for our authors remains the same.
Constitutional Bricolage
Thailand's Sacred Monarchy vs. The Rule of Law
Eugénie Mérieau, Harvard University, USA Exploring the unique constitutional model in operation in Thailand, this book provides a comprehensive and critical account of the Thai ‘mixed constitutional monarchy’ from its origins to the present day. It investigates the hybridised semi-authoritarian, semi-liberal monarchy that exists in Thailand and considers the institutionalised nature of the Thai monarchy by studying its constitutional texts in light of local doctrine. These findings challenge commonly accepted claims about Thailand, arguing that any political and constitutional instability is not the result of its borrowing from Western constitutionalism but that the monarchy’s use of constitutionalism is the prime driver of instability.
UK November 2021 • US November 2021 • 352 pages HB 9781509927692 • £65.00 / $90.00 ePub 9781509927708 • £58.50 / $76.86 ePdf 9781509927715 • £58.50 / $76.86 Series: Constitutionalism in Asia • Hart Publishing
Constitutional Foundings in Northeast Asia
Edited by Kevin YL Tan, National University of Singapore & Michael Ng, University of Hong Kong This book in the Constitutionalism in Asia series considers the idea of origins, and of change and continuity in terms of ‘constitution-making’, which is an on-going process in the Northeast Asian states. It examines the drafting, nature, core values and roles of the first modern constitutions during the founding of the 8 modern states/territories in Northeast Asia: China (1949), Taiwan (1947), Hong Kong SAR (1997), Macau (1993), Japan (1889), North Korea (1948 or 1972), South Korea (1948) and Mongolia (1992).
UK February 2022 • US February 2022 • 304 pages HB 9781509940189 • £85.00 / $115.00 ePub 9781509940196 • £76.50 / $100.32 ePdf 9781509940202 • £76.50 / $100.32 Series: Constitutionalism in Asia • Hart Publishing
The Rule of Law in the United States
An Unfinished Project of Black Liberation
Paul Gowder, Northwestern University, USA What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its ambitions? This book traces the promise and paradox of the American rule of law by: - Explicating its ideals; - Considering the distinctive problem of race in the US and the role of Black liberation movements in developing the American rule of law; and - Exploring how the American rule of law is compromised at its frontiers, and how that undermines legal protections in the interior.
UK December 2021 • US December 2021 • 288 pages HB 9781509939992 • £85.00 / $115.00 ePub 9781509940004 • £76.50 / $100.32 ePdf 9781509940011 • £76.50 / $100.32 Series: Rule of Law in Context • Hart Publishing
A First Nations Voice in the Australian Constitution
Shireen Morris, Macquarie University, Australia This book makes the legal and political case for Indigenous constitutional recognition through a constitutionally guaranteed First Nations voice, as advocated by the historic Uluru Statement from the Heart. It argues that a constitutional amendment to empower Indigenous peoples with a fairer say in laws and policies made about them and their rights, is both constitutionally congruent and politically achievable. Morris explores the historical, political, theoretical and international contexts underpinning the contemporary debate, before delving into the constitutional detail to craft a compelling case for change.
UK February 2022 • US February 2022 • 344 pages PB 9781509944521 • £31.99 / $42.95 Previously published in HB 9781509928927 ePub 9781509928934 • £54.00 / $71.65 ePdf 9781509928941 • £54.00 / $71.65 Hart Publishing
The Rule of Law Under Fire?
Raymond Wacks, University of Hong Kong (Emeritus) Does the rise of populism, authoritarianism, and nationalism threaten the welfare of the rule of law? Is this fundamental democratic ideal under siege? This important book examines the philosophical roots of the rule of law and its modern, often contentious, interpretation. It investigates 16 potential dangers, from the exercise of judicial and administrative discretion and parliamentary sovereignty, to the growth of globalisation, the ‘war on terror’, and the power of Big Tech. The author identifies which issues pose genuine risks to the rule of law, and suggests how they might be confronted to ensure its defence and preservation.
UK November 2021 • US November 2021 • 256 pages HB 9781509950584 • £85.00 / $115.00 ePub 9781509950591 • £76.50 / $100.32 ePdf 9781509950607 • £76.50 / $100.32 Hart Publishing
The Role of Monarchy in Modern Democracy
European Monarchies Compared
Edited by Robert Hazell, University College London, UK & Bob Morris, University College London, UK How much power does a monarch really have? How much autonomy do they enjoy? Who regulates the size of the royal family, their finances, the rules of succession? These are some of the questions considered in this edited collection. The book is written by experts from Belgium, Denmark, Luxembourg, the Netherlands, Norway, Spain, Sweden, and the UK. It considers the constitutional and political role of monarchy, its powers and functions, how it is defined and regulated, the laws of succession and royal finances, relations with the media, the popularity of the monarchy, and why it endures.
UK March 2022 • US March 2022 • 328 pages PB 9781509944552 • £31.99 / $42.95 Previously published in HB 9781509931019 ePub 9781509931026 • £58.50 / $76.86 ePdf 9781509931033 • £58.50 / $76.86 Series: Hart Studies in Comparative Public Law • Hart Publishing
Rabinder Singh, British Court of Appeal, UK Lord Rabinder Singh is a leading light in the development of the common law, notably in the fields of human rights and privacy. He reflects on the defining themes of his career as advocate and judge. Combining originality of thought and impeccable scholarship, his legal thinking is tracked in published and unpublished works. A substantial introduction gives context, while introductions to each piece reflect on their relevance to contemporary legal thought. Themes as diverse as judicial review, equality, and personal autonomy are explored. Erudite and thought-provoking, it is required reading for all those interested in role of law in society.
UK January 2022 • US January 2022 • 400 pages PB 9781509949472 • £24.99 / $34.95 • HB 9781509949427 • £85.00 / $115.00 ePub 9781509949434 • £22.49 / $29.96 ePdf 9781509949441 • £22.49 / $29.96 Hart Publishing
The Judicial Mind
A Festschrift for Lord Kerr of Tonaghmore
Edited by Brice Dickson, Queen’s University, Belfast, UK & Conor McCormick, Queen’s University, Belfast, UK This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Lord Kerr’s judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland.
UK January 2022 • US January 2022 • 432 pages HB 9781509944781 • £85.00 / $115.00 ePub 9781509944798 • £76.50 / $100.32 ePdf 9781509944804 • £76.50 / $100.32 Hart Publishing 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 February 2022 • US February 2022 • 304 pages HB 9781509924646 • £65.00 / $90.00 ePub 9781509924653 • £58.50 / $76.86 ePdf 9781509924660 • £58.50 / $76.86 Series: Hart Studies in Constitutional Law • Hart Publishing
The Ombudsman in the Modern State
Edited by Matthew Groves, Deakin University, Australia & Anita Stuhmcke, University of Technology Sydney, Australia This is the first edited collection to examine the place of the ombudsman in the modern state. It brings together key international scholars to discuss current and future challenges for the Ombudsman institution and the systems of government in which they operate. This collection adds to public law scholarship by addressing a common problem faced by all avenues of public law review: the evolving nature of modern public administration.
UK March 2022 • US March 2022 • 320 pages HB 9781509943241 • £85.00 / $115.00 ePub 9781509943258 • £76.50 / $100.32 ePdf 9781509943265 • £76.50 / $100.32 Hart Publishing
Hart Studies in Constitutional Theory
Anne Carter, Deakin University, Australia This book considers the relationship between proportionality and facts in constitutional adjudication. It analyses where facts arise within each of the 3 stages of the structured proportionality test – suitability, necessity and balancing – and it considers the nature of these ‘facts’ vis-à-vis the facts that arise in the course of ordinary litigation. The rich proportionality jurisprudence from Germany, Canada and South Africa is used to contextualise the approach of the Australian High Court and to identify future directions for proportionality in Australia, at a critical time when the doctrine is in its formative stages.
UK January 2022 • US January 2022 • 272 pages HB 9781509936984 • £85.00 / $115.00 ePub 9781509936991 • £76.50 / $100.32 ePdf 9781509937004 • £76.50 / $100.32 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 This book explores the challenges that UK constitutional law is currently facing, such as those relating to devolution, its relationship with processes of European integration, and the impact of the Human Rights Act. These challenges defy its traditionally pragmatic character and call for a systematic re-examination of its methodology. In particular, they demand a robust inter-disciplinary approach to constitutional issues. The book brings together constitutional law experts to discuss how to design such a methodology, applying insights from history, sociology, political theory and philosophy to the study of the UK Constitution in a way that can inform legal doctrine.
UK March 2022 • US March 2022 • 304 pages HB 9781509933846 • £75.00 / $100.00 ePub 9781509933853 • £67.50 / $88.59 ePdf 9781509933860 • £67.50 / $88.59 Series: Hart Studies in Constitutional Theory • Hart Publishing
