Legitimate Expectations in the Common Law World
Edited by Matthew Groves and Greg Weeks
The recognition and enforcement of legitimate expectations by courts has
been a striking feature of English law since R v North and East Devon Health
Authority; ex parte Coughlan [2001] 3 QB 213. Although the
substantive form of legitimate expectation adopted in Coughlan was quickly
accepted by English courts and received a generally favourable response from
public law scholars, the doctrine of that case has largely been rejected in
other common law jurisdictions. The central principles of Coughlan have been
rejected by courts in common law jurisdictions outside the UK for a range of
reasons, such as incompatibility with local constitutional doctrine, or because
they mark an undesirable drift towards merits review. The sceptical and
critical reception to Coughlan outside England is a striking
contrast to the reception the case received within the UK. This book provides a
detailed scholarly analysis of these issues and considers the doctrine of
legitimate expectations both in England and elsewhere in the common law world.
Matthew Groves is Professor of Law at the
Faculty of Law, Monash University.
Greg Weeks is Senior Lecturer in the
Faculty of Law, University of New South Wales.
January 2016
9781849467780 368pp
Hardback RSP: $108
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Negligence and Illegality
Sharon Erbacher
This book examines claims in negligence arising from illegal conduct of
the claimant. An array of public policy and other grounds have been advanced
for resolving these claims, resulting in an area that is characterised by
confusing and contradictory case law. The book analyses the various
explanations put forward as the basis for illegality doctrine within a
framework of corrective justice theory.
Illegality law poses particular challenges for the corrective justice
explanation of negligence law, as many illegality tests are based on public
policy considerations external to the relationship of the parties.
The book argues that the only circumstance where illegality doctrine
should be applied to deny a claim is where this is necessary to preserve the
coherence of the legal system. It develops the work of Ernest Weinribian
corrective justice theorists to explain how the principle of legal coherence
fits within the framework of corrective justice theory, and why legal coherence
is the only valid conceptual basis for a doctrine of illegality. It also
contains a detailed study on the scope of the coherence rationale and the
principles that will determine its application.
Sharon Erbacher is a Senior Lecturer at the
Law School at Deakin University, Australia.
January 2016
9781509906666 272pp
Hardback RSP: $108
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Private Law and Power
Edited by Kit Barker, Simone Degeling, Karen Fairweather and Ross
Grantham
The aim of this edited collection of essays is to examine the
relationship between private law and power – both the public power of the state
and the ‘private’ power of institutions and individuals. It describes and
critically assesses the way that private law doctrines, institutions, processes
and rules express, moderate, facilitate and control relationships of power. The
various chapters of this work examine the dynamics of the relationship between
private law and power from a number of different perspectives – historical,
theoretical, doctrinal and comparative. They have been commissioned from
leading experts in the field of private law, from several different
Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each
with expertise in the particular sphere of their contribution. They aim to
illuminate the past and assist in resolving some contemporary, difficult legal
issues relating to the shape, scope and content of private law and its
difficult relationship with power.
Kit Barker is Professor of Private Law, Karen
Fairweather is an Associate Lecturer and Ross Grantham is
Professor of Commercial Law, all at the TC Beirne School of Law,
University of Queensland.
Simone Degeling is Professor of Law at UNSW
Australia.
January 2016 9781509905997
320pp Hardback RSP: $128
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SIXTH EDITION
Dalhuisen on Transnational Comparative, Commercial, Financial and Trade
Law
3 Volume Set
Jan H Dalhuisen
This is the sixth edition of the leading work on transnational and
comparative commercial and financial law, covering a wide range of complex
topics in the modern law of international commerce, finance and trade. As a
guide for students and practitioners it has proven to be unrivaled. The work is
divided into three volumes, each of which can be used independently or as part
of the complete work.
Volume one covers the roots and foundations of private law; the
different orientations and structure of civil and common law; the concept,
forces, and theoretical basis of the transnationalisation of the law in the
professional sphere; the autonomous sources of the new law merchant or modern
lex mercatoria, its largely finance-driven impulses; and its relationship to
domestic public policy and public order requirements.
Volume two deals with transnational contract, movable and intangible
property law.
Volume three deals with financial products and financial services, with
the structure and operation of modern commercial and investment banks, and with
financial risk, stability and regulation, including the fall-out from the
recent financial crisis and regulatory responses in the US and Europe.
All three volumes may be purchased separately or as part of this set.
Jan H Dalhuisen is Professor of Law at King's
College London and Miranda Chair in Transnational Financial Law in the Catholic
Universtity in Lisbon. He is a Visiting Professor at the University of
California at Berkeley and former Visiting Professor at the Tsinghua University
in Beijing, the University of Hong Kong and the University of New South Wales
in Sydney Australia.
January 2016
9781509907533 Hardback RSP: $534
Imprint: Hart Publishing
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Access to Justice and Legal Aid
Comparative Perspectives on Unmet Legal Need
Edited by Asher Flynn and Jacqueline Hodgson
This book considers how access to justice is affected by restrictions to
legal aid budgets and increasingly prescriptive service guidelines. As common
law jurisdictions, England and Wales and Australia, share similar ideals,
policies and practices, but they differ in aspects of their legal and political
culture, in the nature of the communities they serve and in their approaches to
providing access to justice. These jurisdictions thus provide us with different
perspectives on what constitutes justice and how we might seek to overcome the
burgeoning crisis in unmet legal need.
The book fills an important gap in existing scholarship as the first to
bring together new empirical and theoretical knowledge examining different
responses to legal aid crises both in the domestic and comparative contexts,
across criminal, civil and family law. It achieves this by examining the
broader social, political, legal, health and welfare impacts of legal aid cuts
and prescriptive service guidelines. Across both jurisdictions, this work
suggests that it is the most vulnerable groups who lose out in the way the law
now operates in the twenty-first century. This book is essential reading for
academics, students, practitioners and policymakers interested in criminal and
civil justice, access to justice, the provision of legal assistance and legal
aid.
Asher Flynn is a Senior Lecturer in
Criminology within the School of Social Sciences at Monash University.
Jacqueline Hodgson is Professor of Law and
Director of the Criminal Justice Centre in the School of Law, University of
Warwick.
January 2016
9781509900848 336pp
Hardback RSP: $94
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postage)
EU Non-Discrimination Law in the Courts
Approaches to Sex and Sexualities Discrimination in EU Law
Jule Mulder
Since the year 2000, the material and personal scope of EU
non-discrimination law has been significantly broadened and has challenged
national courts to introduce a comprehensive equality framework into their
national law to correspond with the European standard. The book provides a
multi-layered culturally informed comparison of juridical approaches to EU
(in)direct sex and sexualities discrimination and its implementation in Germany
and the Netherlands. It examines how and why national courts apply national
non-discrimination law with a European origin differently, although the
legislation derives from the same set of EU law and the national courts have to
respect the interpretive competence of the CJEU. The book provides valuable
insights into the national and European context which shape the dialogue and
influences of the courts inter se, the national application of EU law, and the
harmonisation process within the area of gender equality law and beyond.
A Dutch and German comparison is of special interest here because both
countries’ approaches towards non-discrimination law are quite different
despite the similarities in the respective legal systems; they are founding
members of the EU, they are neighbours, they are civil law countries, and their
legal systems are relatively similar at least compared to Scandinavian
and common law jurisdictions. Therefore, the different reception EU
non-discrimination law cannot simply be explained by obvious differences
between the legal systems. Their comparison thus provides an interesting case
study to uncover legal and non legal, cultural and historic, factors which
influence the application of EU non-discrimination law in both countries. The
book is of interest for EU, comparative and equality lawyers.
Jule Mulder is a lecturer in law at the
University of Bristol.
January 2016
9781849467636 344pp
Hardback RSP: $88
Imprint: Hart Publishing
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Multilevel Constitutionalism for Multilevel Governance of Public Goods
Methodology Problems in International Law
Ernst Ulrich Petersmann
This is the first legal monograph analysing multilevel governance of
global ‘aggregate public goods’ (PGs) from the perspective of democractic,
republican and cosmopolitan constitutionalism by using historical, legal,
political and economic methods. It explains the need for a ‘new philosophy of
international law’ in order to protect human rights and PGs more effectively
and more legitimately. 'Constitutional approaches’ are justified by the
universal recognition of human rights and by the need to protect ‘human
rights’, ‘rule of law’, ‘democracy’ and other ‘principles of justice’ that are
used in national, regional and UN legal systems as indeterminate legal
concepts. The study describes and criticizes the legal methodology problems of
‘disconnected’ governance in UN, GATT and WTO institutions as well as in
certain areas of the external relations of the EU (like transatlantic free
trade agreements). Based on 40 years of practical experiences of the author in
German, European, UN, GATT and WTO governance institutions and of simultaneous
academic teaching, this study develops five propositions for constituting,
limiting, regulating and justifying multilevel governance for the benefit of
citizens and their constitutional rights as ‘constituent powers’, ‘democratic
principals’ and main ‘republican actors’, who must hold multilevel governance
institutions and their limited ‘constituted powers’ legally, democratically and
judicially more accountable.
Ernst Ulrich Petersmann is emeritus
professor and former head of the law department of the European University
Institute at Florence (Italy). He combined 40 years of legal practice in
German, European, UN, GATT and WTO governance institutions with teaching
international and European law at numerous universities in Germany,
Switzerland, Italy, the USA as well as in African and Asian countries. He was
secretary, member or chairman of numerous GATT/WTO dispute settlement panels
and chairman of the International Trade Law Committee of the International Law Association
(1999–2014).
January 2016
9781509909124 416pp
Hardback RSP: $114
Imprint: Hart Publishing
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $102.60 (+
postage)
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