Principled Reasoning in Human Rights Adjudication
Se-shauna Wheatle
Implied constitutional principles form part of the landscape of the
development of fundamental rights in common law jurisdictions, affecting issues
ranging from the remuneration of judges to the appropriation of property by the
state. Principled Reasoning in Human Rights Adjudication offers thematic
analysis of the use of the implied constitutional principles of the rule of law
and separation of powers in human rights cases. The book examines the functions
played by those principles in rights adjudication in Australia, Canada, the
Commonwealth Caribbean, and the United Kingdom. It argues that a complete
understanding of implied constitutional principles requires thoroughgoing
analysis of the sources and methods of implication and of the specific roles
played by such principles in the adjudicative process. By disaggregating
particular functions and placing those functions within their respective
institutional contexts, this book develops an understanding of the features of
cases in which implied constitutional principles are invoked and the work done
by those principles.
Se-shauna Wheatle is Research Associate in
Public Law in the Durham Law School, University of Durham.
April 2017 9781782259817
256pp Hardback RSP: $82
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Chasing Criminal Money
Challenges and Perspectives On Asset Recovery in the EU
Edited by Katalin Ligeti and Michele Simonato
The fight against dirty money is not a new topic, nor a recent problem.
It has existed within international and national agendas since the 1980s.
Nonetheless, the evolving complexity of criminal skills and networks; the
increasingly global dimension of crime; the financial crisis; and the alleged
unsatisfactory results of the efforts hitherto undertaken cause us to re-pose
and re-discuss some questions.
This book addresses several issues concerning the reasons, objectives
and scope of national and supranational strategies targeting criminal money, as
well as the concrete modalities to overcome its obstacles. The main objective
is to explore where the EU stands and where it ought to go, providing useful
input for policy-makers and further research. Nevertheless, the problems are
not limited to the EU area, and assets – particularly money – cross EU borders
much more easily than people do. The reflections developed in the chapters,
therefore, aim at going beyond these EU borders.
The book is divided into two parts. The first one focuses on the core of
asset recovery policies, namely confiscation or forfeiture laws, and explores
in particular some issues concerning the respect of fundamental rights. The
second part addresses other problematic aspects related to the asset recovery
process, such as the return of assets to victim countries, the cross-border
investigations on dirty money, and the social use of confiscated assets.
Katalin Ligeti is Professor of European and
International Criminal Law at the University of Luxembourg.
Michele Simonato is a post-doctoral researcher
in EU and Comparative Criminal Law at Utrecht University.
April 2017 9781509912070
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Public Inquiries
Wrong Route on Bloody Sunday
Louis Blom-Cooper
Throughout the twentieth century, administrations have wrestled with
allaying public concern over national disasters and social scandals. This book
seeks to describe historically the use of public inquiries, and demonstrates
why their methods continued to deploy until 1998 the ingrained habits of
lawyers, particularly by issuing warning letters in order to safeguard
witnesses who might be to blame. Under the influence of Lord Justice Salmon,
the vital concern about systems and services allotted to social problems was
relegated to the identification of individual blameworthiness. The book
explains why the last inquiry under that system, into the events of ‘Bloody
Sunday’ under Lord Saville’s chairmanship, cost £200 million and took twelve
and a half years (instead of two years). ‘Never again’, was the Government’s
muted cry as the method of investigating the public concern was eventually
replaced by the Inquiries Act 2005, by common consent a good piece of
legislation. The overriding principle of fairness to witnesses was confirmed by
Parliament to those who are ‘core participants’ to the event, but with limited
rights to participate. The public inquiry, the author asserts, is now publicly
administered as a Commission of Inquiry, and is correctly regarded as a branch
of public administration that focuses on the systemic question of what went
wrong, as opposed to which individuals were to blame.
Louis Blom-Cooper QC was a barrister at
Doughty Street Chambers, and has over 30 years experience in public inquiries.
April 2017 9781509906789
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The Lawyers Who Made America
From Jamestown to the White House
Anthony Arlidge QC
No other nation’s creation, both politically and socially, owes such a
debt to lawyers as the United States of America. This book traces the
story of that creation through the human lives of those who played important
parts in it: amongst others, of English lawyers who established the form of the
original colonies; of the Founding Fathers, who declared independence and
created a Constitution; of Abraham Lincoln, Woodrow Wilson, Justices of the
Supreme Court and finally Barack Obama. Even Richard Nixon features, if
only as a reminder that even the President is subject to the law. The
author combines his wide legal experience and engaging writing style to produce
a book that will enthral lawyers and laymen alike, giving perhaps a timely
reminder of the importance of the rule of law to American democracy.
Anthony Arlidge has been a Queen’s Counsel
for over thirty five years, appearing in many high profile cases. He has
submitted written amicus briefs to the Supreme Court of the United States and
the Santa Monica Court of Appeals. A lifelong interest in legal history
led him to co-author ‘Magna Carta Uncovered’ in 2014 and in turn to the present
work, which demonstrates, amongst other things, the influence of the British
definitions of liberty on the American Constitution.
April 2017 9781509906369
232pp Hardback RSP: $34
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