Intellectual Property and the Judiciary explores the role of the judiciary in the elaboration and interpretation of intellectual property law, exploring how IP doctrine and policy are developed and the manner in which judges construct and apply norms in different court systems. The authors engage in a comparative exploration of various national, European and international judiciaries and appraise the competing and complementary roles of governing bodies. The book offers an examination of both common law and civil law traditions in the context of judicial treatment of intellectual property.
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Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
The Role of Judicial and Non-Judicial Actors
Edited by Lorenza Violini and Antonia Baraggia
The composite nature of the EU constitutional legal framework, and the presence of different rights protection actors within the European landscape, presents a complex and fragmented framework, still in search of a coherent structure. This discerning book provides a comprehensive perspective on fundamental rights protection in Europe, with engaging contributions considering not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies.
Origins, Challenges and Evolutions in Regulatory Inspections
Florentin Blanc focuses specifically on regulatory inspections and enforcement, their historical development, contrasted approaches and methods, and their relative effectiveness in achieving regulatory objectives. Inspections aimed at verifying compliance with regulations are one of the most significant activities of modern states in terms of the number of staff employed or of people affected, and one of the most visible ones – but have long remained relatively under-researched, or at least not considered "as such".
A Comparative Analysis of Regionalist Negotiations
This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
In this insightful book, Massimo Fichera provides an original account of European integration as a process. He argues that European constitutionalism has been informed from its earliest stages by a meta-rationale, which is expressed by security and fundamental rights as discourses of power. Employing this descriptive and normative conceptual framework to analyse the development of the EU as a polity, chapters cover significant recent events such as the Eurozone crisis, the refugee crisis, the rule of law crisis, Brexit and the constitutional identity crisis.
This research review highlights the complex, dynamic relationship between citizenship as membership status and the constitutional law that provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order to fully understand how one becomes a citizen, and what the meaning of citizenship is. It also analyses the key works which cover national, transnational and international aspects of the topic, providing a particular focus on how constitutional law constructs and upholds the range of citizenship rights. This research review will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law.
The Centrality of Citizenship
Edited by Nils A. Butenschøn and Roel Meijer
The violent transitions that have dominated developments since the Arab Uprisings demonstrate deep-seated divisions in the conceptions of state authority and citizen rights and responsibilities. Analysing the Middle East through the lens of the ‘citizenship approach’, this book argues that the current diversity of crisis in the region can be ascribed primarily to the crisis in the relations between state and citizen. The volume includes theoretical discussions and case studies, and covers both Arab and non-Arab countries.
Between the Global North and the Global South
Edited by David Bilchitz and David Landau
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Between Legal Assertions and Utopian Aspirations
Edited by Peter Hilpold
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.
Between Magic and Deceit
Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.