constitutional & w - e-elgar.com · save up to 20% at i to get email updates:...

CONSTITUTIONAL & ADMINISTRATIVE LAW

New Titles & Selected Backlist 2018

www.elgaronline.comwww.e-elgar.com www.elgar.blog

To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I For our electronic content, visit: www.elgaronline.com

Constitutional & Administrative Law

Elgar Monographs in Constitutional and Administrative Law seriesSeries editors: Rosalind Dixon, University of New South Wales, Australia, Susan Rose-Ackerman, Yale University and Mark Tushnet, Harvard University, US

NEW

Comparative Constitutional StudiesBetween Magic and DeceitGünter Frankenberg, Goethe University in Frankfurt, Germany

‘Günter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.’

– Roberto Gargarella, Torcuato Di Tella University, Argentina

March 2018 c 360 pp Hardback 978 1 78254 897 3 £95.00 eBook • Elgaronline

Autonomous Public Bodies and the LawA European PerspectiveStéphanie De Somer, University of Antwerp and Van Olmen & Wynant, Belgium

‘The “de-politicization” of governance in favour of agencies or “APBs” is a familiar aspect of late twentieth century governance. In the European Union, however, the pace has only picked up since the late 1990s. The rapid escalation in agency power, more especially in the Eurozone, is sufficient to raise serious concerns about the impact on democracy, more especially since, as the author notes, the European Union is increasingly insisting on the transfer of powers at national level from government to APBs. This study of the impact of EU law on APBs in four Member States by Stéphanie De Somer is therefore both welcome and timely. Drawing lessons from her comparative study, De Somer suggests ways in which agency power can be structured and APBs made more democratically accountable, bringing the study into line with the tone of recent events on the political scene.’

– Carol Harlow, London School of Economics, UK

2017 384 pp Hardback 978 1 78536 467 9 £95.00 eBook • Elgaronline

American Judicial Power The State Court PerspectiveMichael Buenger, National Center for State Courts and Brussels School of International Studies, Belgium and Paul J. De Muniz, Willamette University and former USA Chief Justice, Oregon Supreme Court, US

‘While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. American Judicial Power does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, American Judicial Power is an essential work.’

– Michael A. Wolff, Saint Louis University, School of Law, US

2015 336 pp Hardback 978 1 78347 789 0 £90.00 2016 Paperback 978 1 78643 565 1 £40.00 eBook • Elgaronline

NEW

Constitutional Law and RegionalismA Comparative Analysis of Regionalist NegotiationsVito Breda, School of Law and Justice, University of Southern Queensland, Australia

‘This is a must-read book for everyone studying current federalist issues. Dr Breda perfoms a holistic analysis on the most representative federal models, guiding the reader through the key questions: why a society decides to organize itself in a federal way and which are the main challenges that the “demos” and the “polity” are really facing.’

– Luis Gordillo, University of Deusto, Spain

Sept 2018 c 272 pp Hardback 978 1 78347 012 9 c £80.00 eBook • Elgaronline

Constitutional PreamblesA Comparative Analysis Wim Voermans, Leiden Law School, Maarten Stremler, Tilburg Law School and Paul Cliteur, Leiden Law School, the Netherlands

‘Preambles are sometimes called the “mission statements” of the Constitution, but are rarely examined in comparative perspective. In this comprehensive study, Voermans, Stremler and Cliteur integrate quantitative and qualitative analysis to explore the world of constitutional preambles across time and space. The result is a fascinating and entertaining survey that will enlighten students of comparative constitutionalism as well as political idiom and discourse. Highly recommended.’

– Tom Ginsburg, University of Chicago Law School, US


Against the New Constitutionalism Tamas Gyorfi, University of Aberdeen, UK

‘Gyorfi’s book has the rare virtue of combining a refreshing theoretical intervention to the old – but ongoing – debate about the legitimacy of judicial review of legislation with a critical examination of different institutional attempts to balance democracy and human rights. It is a must-read for both constitutional theorists and comparative constitutional lawyers.’

– Joel Colon-Rios, Victoria University of Wellington, New Zealand


Research Handbook on EU Administrative LawEdited by Carol Harlow, The London School of Economics and Political Science, UK, Päivi Leino, University of Eastern Finland, University of Helsinki, Finland and Giacinto della Cananea, University of Rome Tor Vergata, Rome, Italy

‘The essence of EU governance is unavoidably administrative. We must thank Harlow, Leino and della Cananea for pulling together these contributions exploring the administrative dimension of EU law and politics with such expertise, range and insight. The authors do not shy away from uncomfortable topics, whether it’s creeping authoritarianism or the challenges of top-down oversight or bottom-up participation. In a system becoming arguably more diffuse, fragmented, technocratic, and juristocratic by the day, this Handbook will serve as an essential tool for anyone who wishes to understand the nature of the integration project at this pivotal moment in its history.’

– Peter L. Lindseth, University of Connecticut, School of Law, US

2017 656 pp Hardback 978 1 78471 067 5 £170.00 eBook • ElgaronlineResearch Handbooks in European Law series

To order, telephone: +44 1235 465500 I Save up to 20% at www.e-elgar.com I To get email updates: [email protected]


NEW TEXTBOOKS

Advanced Introduction to Freedom of ExpressionMark Tushnet, Harvard University, US

This Advanced Introduction provides an overview of major issues in the doctrinal structure of a law of freedom of expression, relevant to discussions of freedom of expression under many national constitutions. Assuming familiarity with basic theories of free expression, this book addresses the implications of reasonable disagreement between legislatures and courts about whether a specific measure violates freedom of expression, the implications of the fundamental proposition that speech can cause harm, the distinction between the coverage of freedom of expression and the protections it affords, and the appropriate doctrinal forms when speech is said to conflict with other rights such as equality, or merely other social interests. The book will be of interest to anyone wanting to learn more about the freedom of expression and the Law.

Sept 2018 c 160 pp Hardback 978 1 78643 715 0 c £60.00 Sept 2018 Paperback 978 1 78643 717 4 c £16.00 eTextbook • www.advancedintros.comElgar Advanced Introductions series

Advanced Introduction to Comparative Constitutional LawSecond EditionMark Tushnet, Harvard University, US

‘In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.’

– Mattias Kumm, New York University, School of Law, US

March 2018 c 160 pp Hardback 978 1 78643 718 1 £65.00 March 2018 Paperback 978 1 78643 720 4 £15.95 eTextbook • www.advancedintros.comElgar Advanced Introductions series

To order an inspection copy, please email with full course details to: [email protected]. T&Cs apply.

The U.S. Supreme Court and Racial Minorities Two Centuries of Judicial Review on TrialLeslie F. Goldstein, University of Delaware, US

‘This is a remarkable book, and essential reading for anyone who cares about how civil rights are defined and protected in America. It carefully situates the Supreme Court in its political and historical environment, and in doing so serves as an important reminder of the significance of politics in keeping our constitutional system functioning.’

– Keith E. Whittington, Princeton University, US

2017 480 pp Hardback 978 1 78643 882 9 £105.00 eBook • ElgaronlineElgar Studies in Law and Society

The Law and Economics of FederalismEdited by Jonathan Klick, University of Pennsylvania Law School, US

This unique volume takes a primarily empirical perspective on the law and economics of federalism. Using cross jurisdiction variation, the specially commissioned chapters examine the effects of various state experiments in areas such as crime, welfare, consumer protection, and a host of other areas. Although legal scholars have talked about states as laboratories for decades, rarely has the law and economics literature treated the topic of federalism empirically in such a systematic and useful way.


NEW

The Middle East in TransitionThe Centrality of CitizenshipEdited by Nils A. Butenschøn, University of Oslo, Norway and Roel Meijer, Radboud University, the Netherlands

‘This timely book makes a strong case for how our analyses of such critical issues as political Islam, the impact of neoliberalism, and authoritarian resilience may be significantly enhanced through a careful focus on the changing definitions, roles and practices of citizenship in the Middle East. Whether wrested as the result of struggles from below or decreed from above, the forms of inclusion and exclusion explored in this welcome addition to the literature will continue to define critical aspects of the region’s socio-economic and political trajectories for the foreseeable future.’

– Laurie A. Brand, University of Southern California, US

May 2018 c 304 pp Hardback 978 1 78811 112 6 c £95.00 eBook • Elgaronline

NEW

The Evolution of the Separation of PowersBetween the Global North and the Global SouthEdited by David Bilchitz, University of Johannesburg, South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC), International Association of Constitutional Law, South Africa and David Landau, Florida State University, College of Law, US

‘This volume subjects a central tenet of constitutional theory – separation of powers – to a searching analysis in comparative perspective. The essays offer rigorous analysis and fresh perspectives. The volume’s attention to the constitutions of the global south is an especially welcome and important addition to the comparative constitutional scholarship.’

– Adrienne Stone, The University of Melbourne, Australia


NEW

General Principles of EU Law and the Protection of Fundamental RightsChiara Amalfitano, Università degli Studi di Milano, Italy

‘Amalfitano offers a comprehensive and original examination of the Court of Justice’s voluminous case law in the field of fundamental rights during the post Lisbon Treaty era. It must be particularly commended for its stimulating reading of the rapidly adapting, if not evolving, role of general principles concerning fundamental rights, since the entry into force of the EU Charter of Fundamental Rights.’

– Laurent Pech, Middlesex University London, UK


NEW

Autonomy and Self-determinationBetween Legal Assertions and Utopian AspirationsEdited by Peter Hilpold, University of Innsbruck, Austria

‘Issues concerning autonomy and self-determination continue to take centre stage in international law and politics. This outstanding collection of chapters brings together leading voices on the subject, to offer expert insights and perspectives on this controversial issue at a time of uncertainty. The work will be of immediate interest to scholars and practitioners of international law, international relations and politics. Students are likely to find the text accessible and well researched, drawing on a multitude of sources.’

– Joshua Castellino, Middlesex University, UK

April 2018 c 368 pp Hardback 978 1 78811 170 6 c £105.00 eBook • Elgaronline

Textb

ook

Textb

ook

RESEARCH COLLECTIONS

Edited by distinguished authorities in their field, our Research Collections bring together the seminal and classic articles that have influenced the development of research in a particular area of study. An original introduction by the editor establishes the core themes of each book. These collections are an essential source of reference for researchers, practitioners, academics and students.Digital versions are available as Research Reviews as part of our eBook collections on Elgaronline.



NEW

Citizenship and Constitutional LawEdited by Jo Shaw, University of Edinburgh, UK

‘What a treasure trove. Jo Shaw’s selection of academic literature on citizenship is a treat. Drawing from all over the globe, it will enable scholars and teachers from many disciplines working in citizenship to get a taste of its legal formulations. As a teacher and scholar of citizenship law, I’ll certainly be drawing on it!’

– Kim Rubenstein, Australian National University, Australia35 articles, dating from 1992 to 2014 Contributors include: R. Bauböck, S. Benhabib, L. Bosniak, J. Habermas, R. Rubio-Marín, A. Shachar, P. Spiro, J. Tully, N. Walker, P. Weil

Series no. 4 June 2018 c 832 pp Hardback 978 1 78347 106 5 c £285.00Constitutional Law series

NEW

Gender in Constitutional LawEdited by Catharine A. MacKinnon, University of Michigan Law School and Harvard Law School, US

‘Brilliantly introduced and orchestrated by the world’s most innovative thinker about gender and the law, Catharine A. MacKinnon, this collection of illuminating research papers on every important facet of this kaleidoscopic topic is one that any scholar or policymaker who cares about the role that law plays in structuring gender relations, and the role that gender plays in structuring the law, needs to own.’

– Laurence H. Tribe, Harvard Law School, US56 articles, dating from 1981 to 2017 Contributors include: K. Abrams, S. Baer, F. Banda, C. Chinkin, K. W. Crenshaw, D. Dahlerup, V. Jackson, K. O’Regan, R. Rubio-Marín, R. Siegel

Series no. 3 Three volume set March 2018 c 2,184 pp Hardback 978 1 78536 939 1 £695.00Constitutional Law series

Social and Economic Rights and Constitutional LawEdited by Sandra Fredman and Meghan Campbell, Oxford University, UK and Oxford Human Rights Hub

‘The Universal Declaration of Human Rights recognised both civil and political rights, on the one hand, and economic and social rights on the other. Yet, until recently far more scholarly attention had been paid to civil and political rights than to economic and social rights. Happily, that has begun to change and the last two decades have seen increasing scholarly attention paid to economic and social rights as well as an emerging jurisprudence on their protection and fulfilment in jurisdictions across the globe. Sandra Fredman and Meghan Campbell have gathered together in one volume some of the most important published work by leading scholars in relation to economic and social rights. The book also includes a fine introduction to the topic written by Sandra Fredman, which provides a clear and helpful outline of current debates. I have no doubt that the book will serve as an invaluable resource for students, scholars, practising lawyers, judges and policy makers, and that it will serve as a spur to further scholarly work in the field.’

– Justice Kate O’Regan, Former Judge of the Constitutional Court of South Africa

24 articles, dating from 1987 to 2015 Contributors include: P. Alston, B. Goldblatt, K. Klare, S. Liebenberg, F. Michelman, G. Quinn, K. Sankaran, A. Sen, M. Sepúlveda Carmona

Series no. 1 2016 768 pp Hardback 978 1 78471 829 9 £250.00Constitutional Law series

Constitution MakingEdited by Sujit Choudhry, University of California, Berkeley, Law School and Tom Ginsburg, University of Chicago Law School, US

‘The spate of constitution making around the world in recent decades has encouraged a wealth of academic writing. This useful book brings together some of the most well-known pieces, in addition to a selection from earlier times. The collection covers many of the issues that arise in the course of making a new constitution and canvasses experiences with constitution making in states in different regions of the world including the Americas, Europe, Africa, the Middle East and South Asia.’

– Cheryl Saunders, Melbourne Law School, Australia26 articles, dating from 1949 to 2014 Contributors include: A. Arato, N. Brown, J. Elster, Y. Ghai, V. Hart, D. Horowitz

Series no. 2 2016 872 pp Hardback 978 1 78347 295 6 £250.00Constitutional Law series

Environmental ConstitutionalismEdited by James R. May, Widener University, Delaware Law School and Erin Daly, Widener University, Delaware Law School, US and UNIFA, Haiti

Environmental constitutionalism is a new concept that protects local and global environmental conditions by invoking national and subnational constitutional law. As constitution-drafters in all legal traditions commit to environmental stewardship, protection and sustainability, courts are increasingly called upon to vindicate protected environmental rights in both their substantive and procedural aspects. Designed for judges, advocates and policy-makers, as well as scholars in the field, this book assembles key writings on environmental constitutionalism from around the world, drawing attention to its contours, challenges and potential for enhancing both environmental protection and constitutional governance in theory and context.28 articles, dating from 1998 to 2014 Contributors include: A. Ansari, D. Boyd, C. Bruch, L. Ferris, P. Hassan, L. Kotze, O. Pedersen, D. Shelton

Series no. 3 Two volume set 2016 1,072 pp Hardback 978 1 78471 168 9 £335.00The International Library of Law and the Environment series

Comparative Constitutional LawEdited by Mark Tushnet, Harvard University, US

‘This collection offers ready access to a range of influential writings in comparative constitutional law from the past thirty years and will be welcomed by scholars working in the field. An extended introduction by the editor offers a new and valuable contribution to understanding of the substance and methods of comparative constitutional law in its own right.’

– Cheryl Saunders, University of Melbourne, Australia

61 articles, dating from 1987 to 2015 Contributors include: J. Elster, G. Frankenberg, S. Gardbaum, T. Ginsburg, M.A. Glendon, D. Grimm, R. Hirschl, V. Jackson, M. Tushnet

Series no. 1 Three volume set 2017 2,568 pp Hardback 978 1 78536 269 9 £795.00The International Library of Comparative Law series



NEW

Comparative Judicial ReviewEdited by Erin Delaney, Northwestern Pritzker School of Law, Chicago, US and Rosalind Dixon, University of New South Wales, Australia

Constitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together the leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context.

Sept 2018 c 528 pp Hardback 978 1 78811 059 4 c £180.00 eBook • ElgaronlineResearch Handbooks in Comparative Constitutional Law series

NEW

Comparative Constitutional TheoryEdited by Gary Jacobsohn, University of Texas at Austin and Miguel Schor, Drake University Law School, US

‘Masterfully curated, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.’

– Ran Hirschl, University of Toronto, Canada

Feb 2018 552 pp Hardback 978 1 78471 912 8 £195.00 eBook • ElgaronlineResearch Handbooks in Comparative Constitutional Law series

Constitutions and GenderEdited by Helen Irving, The University of Sydney, Australia

Constitutions and gender is a new and exciting field, attracting scholarly attention and influencing practice around the world. This timely handbook features contributions from leading pioneers and younger scholars, applying a gendered lens to constitution-making and design, constitutional practice and citizenship, and constitutional challenges to gender equality rights and values. It offers a gendered perspective on the constitutional text and record of multiple jurisdictions, from the long-established, to the world’s newly emerging democracies. Constitutions and Gender portrays a profound shift in our understanding of what constitutions stand for and what they do.

2017 576 pp Hardback 978 1 78471 695 0 £160.00 eBook • ElgaronlineResearch Handbooks in Comparative Constitutional Law series

Comparative Constitutional Law in Latin AmericaEdited by Rosalind Dixon, University of New South Wales, Australia and Tom Ginsburg, University of Chicago Law School, US

This book provides unique insights into the practice of democratic constitutionalism in one of the world’s most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide ‘bottom up’ and ‘top down’ insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground – or the limits to constitutions as a locus for broader social change.


Handbook on Global ConstitutionalismEdited by Anthony F. Lang, Jr., University of St Andrews, UK and Antje Wiener, University of Hamburg, Germany and University of Cambridge, UK

‘The Handbook on Global Constitutionalism is a penetrating, rich and thought-provoking volume. Drawing leading scholars of international law, international relations and political theory into constructive dialogue, it is an important contribution to debates over the past, present and future of global constitutionalism.’

– Duncan Bell, University of Cambridge, UK

2017 480 pp Hardback 978 1 78347 725 8 £170.00 eBook • ElgaronlineResearch Handbooks on Globalisation and the Law series

Research Handbook on Global Administrative LawEdited by Sabino Cassese, LUISS Guido Carli University, the Italian Constitutional Court and Scuola Normale Superiore of Pisa, Italy

‘This Handbook is an essential introduction to a key component of legal globalization analysis. Global Administrative Law theory is a crucial complement to all existing international law approaches, flowing from the realization that the world is nowadays increasingly governed by bodies – and networks of bodies – that have an administrative rather than political role. The panel of contributors includes most of the issue’s best experts, and they provide us with an indispensable intellectual background to enter into an analysis of what it is made of and how to subject it to the rule of law.’

– Jean-Bernard Auby, The Paris Institute of Political Studies, France

2016 608 pp Hardback 978 1 78347 845 3 £195.00 2017 Paperback 978 1 78643 981 9 £45.00 eBook • ElgaronlineResearch Handbooks on Globalisation and the Law series

Comparative Administrative LawSecond EditionEdited by Susan Rose-Ackerman, Yale University, Peter L. Lindseth, University of Connecticut and Blake Emerson, Administrative Conference of the United States, US

A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

2017 752 pp Hardback 978 1 78471 865 7 £225.00 eBook • ElgaronlineResearch Handbooks in Comparative Law series

Comparative Constitutional LawEdited by Tom Ginsburg, University of Chicago Law School, US and Rosalind Dixon, University of New South Wales, Australia

‘A comprehensive index closes this overall impressive volume. . . all future studies in this field will be well advised to take advantage of the highly inspiring and thought-provoking articles collected in this volume.’

– Manfred Stelzer, ZÖER (Journal of Public Law)

2011 680 pp Hardback 978 1 84844 539 0 £193.00 2012 Paperback 978 0 85793 078 1 £49.00 eBook • ElgaronlineResearch Handbooks in Comparative Law series



NEW

Constitutionalism in the AmericasEdited by Colin Crawford, University of Louisville, US and Daniel Bonilla Maldonado, Universidad de Los Andes, Colombia

Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.

2018 304 pp Hardback 978 1 78811 332 8 £100.00 eBook • ElgaronlineStudies in Comparative Law and Legal Culture series

Rights-Based Constitutional ReviewConstitutional Courts in a Changing LandscapeEdited by John Bell, University of Cambridge, UK and Marie-Luce Paris, University College Dublin, Ireland

‘This collection is a timely survey of the role of constitutional courts in a comparative perspective – it provides an excellent summary of developments in a range of jurisdictions, and locates them in a broader social and political context. Among other factors, it considers global trends in increasing international and regional human rights protection, increased recognition of second and third generation rights, and a move towards decentralization in democratic governance. It is bound to be of broad interest to both comparative constitutional lawyers and scholars.’

– Rosalind Dixon, University of New South Wales, Australia

2016 464 pp Hardback 978 1 78471 760 5 £110.00 eBook • ElgaronlineStudies in Comparative Law and Legal Culture series

Accountability in the EUThe Role of the European OmbudsmanEdited by Herwig C.H. Hofmann, University of Luxembourg and Jacques Ziller, University of Pavia and formerly of the European University Institute, Florence, Italy and the Université de Paris 1 – Panthéon-Sorbonne, France

In the first interdisciplinary work focused on the European Ombudsman, expert observers of EU institutional affairs provide a thorough evaluation of the Ombudsman and its constitutional role, powers, activities and future potential. The book addresses the Ombudsman’s impact on accountability in the EU’s executive branch and offers new suggestions for the further development of the practice of ‘ombuds review’.


Accountability in ExtraterritorialityA Comparative and International Law PerspectiveDanielle Ireland-Piper, Bond University, Australia

‘This is a timely and important book on a topic that, despite its great theoretical and practical significance, has received too little academic attention and analysis. Danielle Ireland-Piper’s work is a milestone in documenting, conceptualizing, and understanding extraterritoriality. Her book identifies the many challenges and opportunities in this area of law and provides a catalyst for future law reform and policy change in this field.’

– Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria


NEW

The Foundations of the EU as a PolityMassimo Fichera, University of Helsinki, Finland

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.

Aug 2018 c 208 pp Hardback 978 1 78536 389 4 c £70.00 eBook • Elgaronline

NEW

Intellectual Property and the JudiciaryEdited by Christophe Geiger, University of Strasbourg, France, Craig Allen Nard, Case Western Reserve University, US and Xavier Seuba, University of Strasbourg, France

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.

Aug 2018 c 464 pp Hardback 978 1 78811 307 6 c £120.00 eBook • ElgaronlineEuropean Intellectual Property Institutes Network series

NEW IN PAPERBACK

The History of Law in EuropeAn IntroductionBart Wauters and Marco de Benito, IE University, Spain

‘The rule of law and property rights were the “secret weapons” that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.’

– Jesus Fernandez-Villaverde, University of Pennsylvania, US

2017 200 pp Hardback 978 1 78643 075 5 £70.00 April 2018 Paperback 978 1 78643 077 9 c £25.00 eBook • Elgaronline

National Courts and EU LawNew Issues, Theories and MethodsEdited by Bruno de Witte, Maastricht University, the Netherlands and European University Institute, Italy, Juan A. Mayoral, University of Copenhagen, Denmark, Urszula Jaremba, Utrecht University, the Netherlands, Marlene Wind, University of Copenhagen, Denmark and PluriCourts, University of Oslo, Norway and Karolina Podstawa, European Inter-University Centre for Human Rights and Democratisation, Italy

‘This new volume offers a fresh perspective on the vital role played by national courts in the implementation of EU law. Wide-ranging and multi-disciplinary in character, it sheds new light on the relationship between national courts and the ECJ and the reception of EU law by national courts. The volume will be welcomed by anyone concerned with the functioning of the EU’s legal order.’

– Anthony Arnull, University of Birmingham, UK

2016 288 pp Hardback 978 1 78347 989 4 £80.00 eBook • ElgaronlineJudicial Review and Cooperation series



Digital Democracy in a Globalized WorldEdited by Corien Prins, Netherlands Scientific Council for Government Policy (WRR) and Tilburg Institute for Law, Technology and Society, Colette Cuijpers, Tilburg Institute for Law, Technology and Society and Tilburg Law School, the Netherlands, Peter L. Lindseth, University of Connecticut School of Law, US and Mônica Rosina, Fundação Getulio Vargas Law School, Brazil

Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.

2017 392 pp Hardback 978 1 78536 395 5 £110.00 eBook • ElgaronlineElgar Law, Technology and Society series

Judicial Cooperation in European Private LawEdited by Fabrizio Cafaggi, Scuola Nazionale dell’Amministrazione, Rome and EUI, Italy and Stephanie Law, Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law, Luxembourg

‘The EU has adopted a mass of legislation. The challenge is now enforcing the rules effectively and working out the relationships between national and regional courts and administrations. Cafaggi and Law bring together expert academic commentators and senior judicial figures to provide important contributions to these contemporary debates.’

– Geraint Howells, City University of Hong Kong

2017 288 pp Hardback 978 1 78643 668 9 90.00 eBook • ElgaronlineJudicial Review and Cooperation series

Coroners’ Recommendations and the Promise of Saved LivesJennifer Moore, The University of Otago, New Zealand and Stanford University, US

‘In this well-constructed empirical study Moore provides insight on the contemporary role of coronial recommendations. This goes to the heart of the efficacy of the coroner’s preventive function. She explores the gap between rhetoric and reality about the role of the coroner as the ombudsman for the dead. Moore’s important work fills a serious knowledge gap about coroners’ ancient role in advancing riders/recommendations and provides a basis for informed discussion about international coronial law reform and enhanced inquest practice.’

– Professor Ian Freckelton QC, University of Melbourne and Monash University, Australia


European Patent Litigation in the Shadow of the Unified Patent CourtLuke McDonagh, City University of London, UK

‘This distinguished book is to be highly recommended for its comprehensive coverage of and practical information on the impending European patent system. It is definitely indispensable for people concerned not only with Europe but also internationally, including, of course, with Asia.’

– Tatsuhiro Ueno, Waseda University, Tokyo, Japan


Judges as Guardians of Constitutionalism and Human RightsEdited by Martin Scheinin, European University Institute, Italy, Helle Krunke, University of Copenhagen, Denmark and Marina Aksenova, IE Law School, Spain

‘Constitutionalism is a system whereby legislatures and governments are bound by higher norms, often human rights norms. In this book, the focus is on the role of national and international courts in upholding these norms. Some observers say that there is nowadays an erosion of the rule of law and human rights. The book comes at the right time. It reminds the courts of their responsibility in this area, and public authorities of the need to respect their decisions.’

– Paul Lemmens, Judge, European Court of Human Rights


Constitutionalism Across Borders in the Struggle Against TerrorismEdited by Federico Fabbrini, Dublin City University, Ireland and Vicki C. Jackson, Harvard Law School, US

‘Bringing together and making a significant contribution to comparative constitutionalism, international law, and the anti-terrorism law, this book perfectly exemplifies the benefits of transmitting legal concepts and ideas across geographical and conceptual borders – between differing national systems, as well as in manners that open international law and constitutional law to one another. It is a wonderful source for studying and understanding anti-terrorism law, and at the same time an inspiration to those thinking about the tension between globalized and contextualized law.’

– Daphne Barak-Erez, Justice of the Supreme Court of Israel


New Directions in the Effective Enforcement of EU Law and PolicyEdited by Sara Drake and Melanie Smith, Cardiff University, UK

‘A welcome addition to scholarship on the enforcement of EU Law, the Drake and Smith edited collection brings three interrelated approaches to bear on the pressing and familiar challenge of effective enforcement: regulation, networked governance and innovations in enforcement in traditional and new fields of EU competence. In doing so, it requires EU law scholars to reconsider what is meant by enforcement and, through its engagement with political science, brings this important legal question to a wider EU Studies audience.’

– Imelda Maher, University College Dublin, Ireland


The Timing of LawmakingEdited by Frank Fagan, EDHEC Business School, France and Saul Levmore, University of Chicago Law School, US

‘What a terrific topic for a book – and what a rich and tremendous collection of papers! There are fascinating discussions of whether legal deadlines work, whether traditions deserve respect, when consent (to sex) is relevant, when law is durable, and when law takes effect immediately or instead requires people to act to make it effective in the future. The timing is right: read it now!’

– Cass R. Sunstein, Harvard University, US and author of The World According to Star Wars


To order, please contact:Marston Book Services Ltd 160 Eastern Avenue, Milton Park, Abingdon, Oxon, OX14 4SB, UK Tel: + 44 1235 465500 • Email: [email protected]

Order online:Get 10% off hardbacks and 20% off paperbacks by ordering on our website: www.e-elgar.com

Edward Elgar monographs and Handbooks are available as ebooks at a paperback price on Google Play, ebooks.com and other ebook vendors. Our ebooks are published simultaneously with the print version and are typically priced at c £22.00 for a monograph.

For more information:Edward Elgar Publishing Ltd The Lypiatts, 15 Lansdown Road, Cheltenham, Gloucestershire, GL50 2JA, UKTel: +44 1242 226934 • Email: [email protected] • Web: www.e-elgar.com

EE34

Feb 2018

Prices and publication dates may be subject to change www.elgaronline.com

Elgaronlinewww. elgar.blog

www.e-elgar.com

www.elgaronline.com

The digital content platform for Elgar Publishing. Includes monographs, Research Handbooks, Encyclopedia and journals.

Elgar eBooks: Major Annual CollectionsLaw • Social & Political Science • Economics • Business & ManagementThese non-overlapping collections are the most complete and cost effective way of acquiring our eBooks.

Tailored/Pick & Choose CollectionsThis model allows you to pick and choose titles from across our whole list (minimum of 30 titles).

Subject Specific Collections: LawWe offer collections in more specific subject areas which contain all titles published in that area from 1994 through 2017. Subject areas include:

• Asian Law• Commercial Law• Comparative Law• Competition & Antitrust• Constitutional Law• Corporate & Financial Law • Criminal Law & Justice

• Environmental Law• European Law• Human Rights• Intellectual Property,

Technology & Media Law• International Economic Law • Law & Economics

• Law (Reference)• Legal Theory and Philosophy• Private International Law• Public International Law• Regulation

constitutional & w - e-elgar.com · save up to 20% at i to get email updates:...

Documents