Brexit, the possible break-up of the UK, pandemics, this is a country in crisis. In crises the law sets the boundaries of what the government can and should do. But in a country without a written constitution such as the UK, the precise limits between legal obligation and convention can be hazy. Conventions, such as the Prime Minister being an MP, can not be enforced in the same way as laws. What are the limits of law in politics? What is the relationship between law and the constitution? Is not having a constitution a hindrance or a help in time of crisis? Former supreme court judge Jonathan Sumption wrestles with past, current and potential crises that this increasingly divided country faces. From the role of the Supreme Court to the uses of referenda to the rise of nationalisms within the United Kingdom, Sumption exposes the subtleties, uses, and abuses of legal and judicial interventions. With razor sharp intelligence and far-reaching analysis he counsels caution both in our impulse to radically upend the system and to challenge results that we may not be what we want.
How has the EU’s economic crisis affected the development of economic law in the Union? This book contributes to the debate by examining EU economic law from a contextual and policy-oriented perspective.
This book presents a systematic and comprehensive attempt by legal scholars to conceptualize the theory of emergency powers, combining post-September 11 developments with more general theoretical, historical and comparative perspectives.
For some time, the word 'crisis' has been dominating international political discourse. But this is nothing new. Crisis has always been part of the discipline of international law.
JOHN F. MURPHY, THE UNITED STATEs AND THE RULE OF LAW IN INTERNATIONAL AFFAIRs (Cambridge University Press, 2004). Robert O. Keohane Jr., International Relations and International Law: Two Optics, Sherrill Lecture, quoted in Koh, supra, ...
This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Jerome Cavanaugh OH, interview by Joe B. Frantz, March 22, 1971, LBJ Library. 22. Congressman John Conyers was booed and stoned when he visited his district. “You try to talk to these people and they'll knock you into the middle of next ...
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises.
In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians. This is especially acute in the field of human rights.
8 Regulating military operations abroad: the extraterritorial effect of human rights and the potential modalities of parallel application of the right to life under human rights law and international humanitarian law -- 9 Conclusions: grey ...