4 minute read
Family Law
Responsive Human Rights
Vulnerability and the ECtHR
Corina Heri, University of Amsterdam, The Netherlands This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question of vulnerability. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court’s approach under Art. 3 ECHR. It pays particular attention to the article's understanding of human dignity.
UK November 2021 • US November 2021 • 304 pages HB 9781509941230 • £85.00 / $115.00 ePub 9781509941247 • £76.50 / $100.32 ePdf 9781509941254 • £76.50 / $100.32 Series: Modern Studies in European Law • Hart Publishing
Šejla Imamovic, Maastricht University, The Netherlands Much has been written on the protection of fundamental rights in the EU and the ECHR systems from the national perspective. This book is the first to do so while also providing the European perspective. With great analytical precision, the book sets out all the central aspects of the new EU rights landscape. Its case law analysis allows for a deep understanding of what the courts do and why. This is a welcome addition to EU fundamental rights literature.
UK December 2021 • US December 2021 • 192 pages HB 9781509940585 • £75.00 / $100.00 ePub 9781509940592 • £67.50 / $88.59 ePdf 9781509940608 • £67.50 / $88.59 Series: Modern Studies in European Law • Hart Publishing Valsamis Mitsilegas, Queen Mary, University of London, UK The book provides in-depth analysis of the key elements of the EU’s role in criminal matters. The new edition’s comprehensive coverage includes questions of EU competence; judicial co-operation; mutual recognition; rights of the defendant/victim; European bodies and agencies and the development of surveillance, data gathering, and exchange mechanisms. In addition the external dimension in criminal matters (including transatlantic counter-terrorism cooperation) is given detailed treatment and the constitutional and fundamental rights implications are highlighted through-out. Covering all key principles, with clear explanation and rigorous analysis, it gives all students of the subject a strong understanding of this fascinating but complex field.
UK December 2021 • US December 2021 • 400 pages PB 9781849464581 • £35.00 / $48.00 ePub 9781509904174 • £31.50 / $41.68 ePdf 9781509904167 • £31.50 / $41.68 Series: Modern Studies in European Law • Hart Publishing
EU Courts, Boards of Appeal, Ombudsman
Michal Krajewski, University of Copenhagen, Denmark This book examines the operation of EU judicial and extra-judicial review mechanisms. It covers detailed institutional arrangements, the standard of review, the types of cases and litigants, and the activity of the parties. It makes visible the diverse but complementary ways in which the mechanisms enhance the authority of EU legal acts and processes. It also reveals that scarce resources and imprecise rules restrict the scope of review and hinder independent empirical investigations. Finally, it shows how a differentiated system of judicial and extra-judicial review can accommodate various kinds of technical and political discretion exercised by EU institutions and bodies.
UK August 2021 • US August 2021 • 272 pages HB 9781509947294 • £80.00 / $110.00 ePub 9781509947300 • £72.00 / $95.11 ePdf 9781509947317 • £72.00 / $95.11 Series: Modern Studies in European Law • Hart Publishing
Digital Family Justice
From Alternative Dispute Resolution to Online Dispute Resolution?
Edited by Mavis Maclean, University of Oxford, UK & Bregje Dijksterhuis, Utrecht University, Netherlands This book analyses how mediation has failed to take the place of courts and lawyers, even where public funding for legal help has been removed. Instead, ODR has developed rapidly. The authors question the speed of this development, and stress the need to evaluate whether these services can meet the needs of divorcing families. The book also explores how ADR has fallen behind, and what this teaches us about digital justice. It concludes by raising broader questions about the family justice system: is it dispute resolution? Or is it dispute prevention, management, and above all legal protection of the vulnerable?
UK July 2021 • US July 2021 • 256 pages PB 9781509952274 • £26.99 / $36.95 Previously published in HB 9781509928521 ePub 9781509928538 • £49.50 / $65.14 ePdf 9781509928545 • £49.50 / $65.14 Series: Oñati International Series in Law and Society • Hart Publishing
A Failure of Proportion
Non-Consensual Adoption in England and Wales
Samantha M Davey, University of Essex, UK This book focuses on the circumstances in which non-consensual adoption may be regarded as a proportionate measure and when less severe forms of intervention, e.g. long-term foster care or kinship care, may also meet children’s needs while protecting their rights under the European Convention on Human Rights. The book emphasises the need to scrutinise children’s and parents’ rights throughout the process, not simply when parents appeal against the making of an adoption order, and to consider key provisions from the United Nations Convention on the Rights of the Child when determining whether an adoption order is a proportionate measure.
UK December 2021 • US December 2021 • 224 pages PB 9781509943968 • £29.99 / $40.95 Previously published in HB 9781509929139 ePub 9781509929146 • £54.00 / $71.65 ePdf 9781509929153 • £54.00 / $71.65 Hart Publishing
