Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book revisits older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future?
Browse by title
Edited by Frank Fagan and Saul Levmore
Edited by Carol Harlow, Päivi Leino and Giacinto della Cananea
Key chapters, written by leading experts across the field, engage with important ongoing debates in the field of EU administrative law, focusing on areas of topical interest such as financial markets, the growing security state and problematic common asylum procedures. In doing so, they provide a summary of what we know, don’t know and ought to know about EU administrative law. Examining the control functions of administrative law and the machinery for accountability, this Research Handbook eloquently challenges areas of authoritarian governance, such as the Eurozone and security state, where control and accountability are weak and tackles the seemingly insoluble question of citizen ‘voice’ and access to policy-making.
Nation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the abuse of rights doctrine.
- Elgar Research Reviews in Law
Sujit Choudhry and Tom Ginsburg
Constitution making is a topic of increasing scholarly and practical interest. Focusing on a set of important case studies, yet also featuring classic articles on the subject, this research review is a critical assembly of theoretical literature. Ensuring wide geographic and historical coverage, and including an original introduction by the editors, the research review provides an essential overview of the myriad of circumstances in which constitutions can be made.
- Elgar Research Reviews in Law
Sandra Fredman and Meghan Campbell
Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. The sophisticated and constructive solutions developed by the fore most thinkers to fully recognize socio-economic rights are drawn together in this research review. They demonstrate how traditional concepts and obstacles can be re-characteried and modified to ensure respect for the indivisibility of human rights. This research review provides crucial insights into the emerging and perennial challenges to socio-economic rights. It is an ideal resource for those new to the study of socio-economic rights, academics and policy-makers and all those interested in using human rights to achieve social justice.
- Elgar Monographs in Constitutional and Administrative Law series
Ever since the Second World War, a new constitutional model has emerged worldwide that gives a pivotal role to judges. Against the New Constitutionalism challenges this reigning paradigm and develops a distinctively liberal position against strong constitutional review that puts the emphasis on epistemic considerations. The author considers whether the minimalist judicial review of Nordic countries is more in line with the best justification of the institution than the Commonwealth model that occupies a central place in contemporary constitutional scholarship.
With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.
New Issues, Theories and Methods
- Judicial Review and Cooperation series
Edited by Bruno de Witte, Juan A. Mayoral, Urszula Jaremba, Marlene Wind and Karolina Podstawa
National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour in this process. The expert contributors provide a critical analysis of the key questions, examining the role of national courts in relation to the application of various EU legal instruments.
This is the first empirical law book to investigate coroners’ recommendations, and the extent of their impact and implementation. Based on an extensive study, the book analyses over 2000 New Zealand Coroners’ recommendations and includes more than 100 interviews and over 40 respondents to a survey, as well as Coroner’s Court findings and litigation from Canada, England, Ireland, Australia and Scotland. This timely book is an overdue investigation of the highly debated questions: do coroners’ recommendations save lives and how often are they implemented?
Constitutional Courts in a Changing Landscape
- Studies in Comparative Law and Legal Culture series
Edited by John Bell and Marie-Luce Paris
Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. Providing structured analyses the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions.