Hart Publishing – New Titles in September

EU Law and Integration – Twenty Years of Judicial Application of EU Law

Key points

■ This book contains a collection of articles on different aspects of EU law written by one of Europe’s most distinguished jurists over the past twenty years.

■   The book is divided into five parts, covering EU constitutional law, the EU’s judicial architecture, access to justice, European competition law and various other aspects of substantive EU law.

■ Essential reading for those interested in the past and future of European law.

Description

This book contains a collection of articles on different aspects of EU law written by one of Europe’s most distinguished jurists during the past twenty years, some of which appear here for the first time in English. The book includes a Preface by Judge Koen Lenaerts, Vice-President of the European Court of Justice.

The book is divided into five parts, covering EU constitutional law, the EU’s judicial architecture, access to justice, European competition law and various other aspects of substantive EU law. In the field of EU constitutional law, the central text discusses the existence of implied material limits to the revision of the Treaties. The author argues that the powers of the Member States to amend the Treaties is limited by the existence of a hard core of principles of EU Treaty law, which cannot be revised without changing the ‘constitutional’ identity of the Union, leading to the conclusion that Member States can no longer be considered as the ‘absolute masters of the Treaties’. Four articles relating to the EU’s judicial system constitute the cornerstone of the collection. Drawing on his own experiences, the author examines the problems and challenges facing the setting up of a new EU court and explores different lines of reform of the EU judicial system.

By: Jose Luis da Cruz Vilaca

Publication: Due in September 2014

ISBN: 9781849465083

Liberal Criminal Theory – Essays for Andreas von Hirsch

Key points

■    This book is a celebration of Andreas von Hirsch’s pioneering contributions to liberal criminal theory.

■    The collection brings together a distinguished group of international authors who pay tribute to von Hirsch by engaging with topics on which he himself has focussed such as questions of criminalisation and the relation between criminal law and the authority of the state

■   A fascinating read for anyone interested in criminal law and criminal theory.

Description

This book celebrates Andreas von Hirsch’s pioneering contributions to liberal criminal theory. He is particularly noted for reinvigorating desert-based theories of punishment, for his development of principled normative constraints on the enactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deep commitment to a liberal vision of the state. This collection brings together a distinguished group of international authors, who pay tribute to von Hirsch by engaging with topics on which he himself has focussed. The essays range across sentencing theory, questions of criminalisation, and the relation between criminal law and the authority of the state. Together, they articulate and defend the ideal of a liberal criminal justice system, and present a fitting accolade to Andreas von Hirsch’s scholarly life.

The Editors

A P Simester: is Professor of Law and Provost’s Chair at the National University of Singapore, an Honorary Research Fellow at the Institute of Criminology, University of Cambridge, and Honorary Professor in Law at Uppsala University.

Ulfrid Neumann: is Professor of Criminal Law, Criminal Procedure, Legal Theory and Sociology of Law at the Goethe-University in Frankfurt.

Antje du Bois-Pedain:  is a University Senior Lecturer at the Faculty of Law, University of Cambridge, and a Fellow of Magdalene College, Cambridge.

Publication: Due in September 2014

ISBN: 9781849465144

Special Advisers – Who they are, what they do and why they matter

Key points

■   This book is the most detailed study carried out of special advisers to date.

■   The book is based on written surveys and interviews of over 100 special advisers, ministers and officials from the past 30 years which conclude that special advisers are now a permanent and indispensable part of Whitehall, but are still treated as transient and temporary. 

■   As well as empirical research the book also contains practical recommendations for increasing the effectiveness of special advisers.

■   A unique and fascinating read for anyone interested in politics and constitutional law.

Description

Viewers of The Thick of It will know of special advisers as spin doctors and political careerists. Several well-known ministers have been special advisers, among them David Cameron, Ed Miliband, Jack Straw and Vince Cable.  People also know about the public relations disasters involving Jo Moore, Damian McBride and Adam Smith.  But what is the reality?  What do special advisers actually do in government?  Who are they, where do they come from, and what do they go on to do?

This book is the most detailed study yet carried out of special advisers. The Constitution Unit’s research team, led by Dr Ben Yong and Professor Robert Hazell,  assembled a comprehensive database of over 600 special advisers since 1979. They conducted written surveys, and interviewed over 100 special advisers, ministers and officials from the past thirty years. They conclude that special advisers are now a permanent and indispensable part of Whitehall, but are still treated as transient and temporary. 

The book concludes with practical recommendations for increasing the effectiveness of special advisers through improvements to their recruitment, induction and training, support and supervision, and strengthening their accountability.

The Authors

Ben Yong: is a Lecturer in Public Law at Queen Mary, University of London. 

Robert Hazell:  is Professor of Government and the Constitution at University College London.

Publication: Due in September 2014

ISBN: 9781849465601

Criminal Fair Trial Rights – Article 6 of the European Convention on Human Rights

Key points

■ This book provides an innovative and critical analysis of Strasbourg’s Article 6 case law.

■ The book takes a novel approach; instead of analysing the component rights one by one it takes a critical look at the case law through a number of ‘cross-cutting’ problems and themes common to all or many of the component rights.

■ An interesting book which will be useful to all those working in the fields of criminal law and human rights.

Description

The Article 6 fair trial rights are the most heavily-litigated Convention rights before the Strasbourg Court, generating a large and complex body of case law. With this book, Goss provides an innovative and critical analysis of Strasbourg’s Article 6 case law.

The category of ‘fair trial rights’ includes many component rights. The existing literature tends to chart the law with respect to each of these component rights, one by one. This traditional approach is useful, but it risks artificially isolating the case law in a series of watertight compartments.

This book takes a complementary but different approach. Instead of analysing the component rights one by one, it takes a critical look at the case law through a number of ‘cross-cutting’ problems and themes common to all or many of the component rights. For example: how does the Court view its role in Article 6 cases? When will the Court recognise an implied right in Article 6? How does the Court assess Article 6 infringements, and when will the public interest justify an infringement?

The book’s case-law-driven approach allows Goss to demonstrate that the Court’s Article 6 jurisprudence is marked by considerable uncertainty, inconsistency, and incoherence.

The Author

Ryan Goss: is Lecturer in Law at the Australian National University, Canberra, and was formerly Junior Research Fellow in Law at Lincoln College, Oxford.

Publication: Due in September 2014

ISBN: 9781849465502

The Economic and Financial Crisis and Collective Labour Law in Europe

Key points

■   This book focuses on the impact of the economic and financial crisis on collective labour law.

■   The book presents mainly legal arguments derived from different sources and backgrounds, examining the EU and ‘Troika’ measures, the economic and political background, and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike.

■   An interesting read for all those working in the fields of labour law, banking and financial law and European law.

Description

The current economic and financial crisis erupted several years ago. Its effects impact deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically.

Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and ‘Troika’ measures, the economic and political background, and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular how legal approaches may be used to challenge austerity measures.

The Editors

Niklas Bruun: is Professor of Law at the Hanken School of Economics in Helsinki. He is the Director of the research programme Regulating Markets and Labour (ReMarkLab), Stockholm University.

Klaus Lörcher: is former Legal Adviser to the European Trade Union Confederation (ETUC) and former Legal Secretary of the Civil Service Tribunal of the European Union.

Isabelle Schömann:  is Senior Researcher at the European Trade Union Institute (ETUI).

Publication: Due in September 2014

ISBN: 9781849466141

The European Court of Justice and External Relations – Constitutional Challenges

Key points

■   This book appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of EU external relations law.

■   The contributions discuss the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context.

■   A fascinating and timely book for scholars of European law and public international law.

Description

This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of EU external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court’s judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU’s constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU’s common foreign and security policy: why has this decision been taken, and what are its implications? And what is the Court’s own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court’s influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as ‘gatekeeper’ to the entry and effect of international law into the EU system.  It has not – in the external domain – overtly exerted influence through shaping substantive policy, as it has, for example in relation to the internal market. Nevertheless the rather ‘legalised’ nature of EU external relations and the significance of the EU’s international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.

The Editors

Marise Cremona: is Professor of European Law at the European University Institute in Florence.

Anne Thies: is a Lecturer in Law at the University of Reading.

Publication: Due in September 2014

ISBN: 9781849465045

Law, Society and Transition in Myanmar

Key points

■   This is the first edited volume to address the dynamics of the legal system of Myanmar/Burma in the context of the dramatic transition to democracy that formally began in 2011.

■   The book includes contributions from leading scholars in the field and covers a range of key legal issues now facing Myanmar such as judicial independence, constitutional law, human rights and institutional reform.

■   Vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar as well as scholars interested in comparaive law, constitutional law and human rights more generally.

Description

This is the first edited volume to address the dynamics of the legal system of Myanmar/Burma in the context of the dramatic transition to democracy that formally began in 2011. It includes contributions from leading scholars in the field on a range of key legal issues now facing Myanmar, such as judicial independence, constitutional law, human rights and institutional reform. It features chapters on the legal history of Myanmar; electoral reform; the role of the judiciary; economic reforms; and the state of company law. It also includes chapters that draw on the experiences of other countries to contextualise Myanmar’s transition to democracy in a comparative setting, including Myanmar’s participation in regional bodies such as ASEAN. This topical book comes at a critical juncture in Myanmar’s legal development and will be an invaluable resource for students and teachers seeking greater understanding of the legal system of Myanmar. It will also be vital reading for a wide range of government, business and civil society organisations seeking to re-engage with Myanmar, as it navigates a difficult transition toward democracy and the rule of law.

The Editors

Melissa Crouch:  is a Postdoctoral Fellow at the Law Faculty, National University of Singapore.

Tim Lindsey: is Malcolm Smith Professor of Asian Law and Director of the Centre for Indonesian Law, Islam and Society, the University of Melbourne.

Publication: Due in September 2014

ISBN: 9781849465977

Persons, Parts and Property – How Should we Regulate Human Tissue in the 21st Century?

Key points

■   This collection of essays explores the legal and theoretical puzzles arising out of the body-as-property question.

■   The contributors are all experts in the field and cover the broad spectrum of analyses on offer in this highly debated area.

■   An exciting and topical collection of essays that will be of interest to medical law scholars.

Description

The debate over whether human bodies and their parts should be governed by the laws of property has accelerated with the pace of technological change. The common law first recognised that there could be a property interest in human tissue in some circumstances in the early 1900s, but it was not until a string of judicial decisions and statutory regulation in the 1990s and early 2000s that the place of this ‘exception’ was cemented. The 2009 decision of the Court of Appeal of England and Wales in Yearworth & Ors v North Bristol NHS Trust added a new dimension to the debate by supporting a move towards a broader, more principled basis for finding (or rejecting) property rights in human tissue. However, the law relating to property of human bodies and their parts remains highly contested. The contributions in this volume represent a collation of the broad spectrum of analyses on offer, and a detailed exploration of the salient legal and theoretical puzzles arising out of the body-as-property question.

The Editors

Imogen Goold: is a Lecturer in Law at the University of Oxford and a Fellow of St Anne’s College.

Jonathan Herring: is a Fellow and Tutor in Law at the University of Oxford.

Loane Skene: is a Professor at the Melbourne Law School and an Adjunct Professor in the Faculty of Medicine, Dentistry and Health Sciences at the University of Melbourne.

Kate Greasley: is a Junior Research Fellow in law at University College, Oxford.

Publication: Due in September 2014

ISBN: 9781849465465