New Titles from Hart Publishing I am pleased to announce the publication of the titles shown below. Please click here for a list of our forthcoming titles SECOND EDITION Human Rights Law Merris Amos Praise for the First Edition ‘The introductory chapter, providing background and dealing with interpretation, brings together a wide range of useful information…and is a good starting point for the keen student…The book is characterised by clarity of explanation combined with detailed treatment that manages to incorporate much more than one might expect from a book that addresses such wide-ranging issues.’ Peter Halstead, The Law Teacher ‘...the first work in which the interpretation and application of the act, by courts in England and Wales, is comprehensively examined and analysed.’ A G Noorani, Economic and Political Weekly ‘This is a solid textbook on domestic human rights law…a real boon to students and those approaching the field for the first time.’ Roger Smith, New Law Journal In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdoms Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law. Merris Amos is a member of the Department of Law, Queen Mary University of London. She has many years of experience in researching and teaching human rights law and has published widely in the area. Her particular area of expertise is the United Kingdoms Human Rights Act. July 2014 793pp Pbk 9781849463805 RSP: £35 / €45.50 Please click here for more information about this title and to order online The EU Accession to the ECHR Edited by Vasiliki Kosta, Nikos Skoutaris and Vassilis P Tzevelekos Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice. Vasiliki Kosta is Assistant Professor of European Law at Leiden University. Nikos Skoutaris is Lecturer in EU Law at the University of East Anglia and Visiting Senior Fellow at the European Institute, London School of Economics. Vassilis Tzevelekos is a Lecturer in Public International Law at the University of Hull. July 2014 402pp Hbk 9781849465236 RSP: £65 / €84.50 Click here for more details about the Modern Studies in European Law Series Please click here for more information about this title and to order online Common Law Legal English and Grammar A Contextual Approach Alison Riley and Patricia Sours Lord Denning, an influential but controversial English judge, stated that Words are the lawyers tools of trade. This course book reflects that conviction as it focuses on words, the language of the law - legal terms, expressions, and grammar - introduced systematically with relevant aspects of the law, and examined in context through analytical reading activities based on original legal texts selected for their interest and importance in different branches of the common law system. This book explores constitutional law, criminal law, tort, and contract; yet includes international legal contexts, with a particular focus on human rights and European law. The presentation of legal concepts and terminology in context in each chapter is graded so that the course progresses, building on the vocabulary and law encountered in earlier chapters. Each chapter, organized thematically, includes a series of activities - tasks - to complete, yet the book does not presuppose previous knowledge of legal English or of the common law: full answer keys and reflective commentary on both legal and linguistic aspects are given and sections marked Advanced offer especially challenging materials. Consolidation sections are designed to test students global comprehension of the legal texts analysed, including precise usage of legal vocabulary in context, with solutions. Common Law Legal English and Grammar is addressed to the non-native speaker of English, and in particular, intermediate to advanced students who are studying law, or academics with a professional interest in Anglo-American law. Practising lawyers will also find that the book offers valuable analysis of the language of legal documents. Please note, this book is not available for purchase in Italy. Alison Riley is Lecturer in Legal English at the University of Ferrara. Patricia Sours is Lecturer in Legal English at the University of Padua. June 2014 528pp Pbk 9781849465762 RSP: £25 / €32.50 Please click here for more information about this title and to order online NEW AS PAPERBACK Blackstone and his Commentaries Biography, Law, History Edited by Wilfrid Prest ‘For this reader, the three chapters concerning the influence of Blackstone were the highlight of a splendid collection...Unlike the Commentaries themselves, this book is not intended as a systematic or scientific work. However, for a collection of essays it is remarkable how well the various chapters complement each other. The book repays reading as a whole’ Ian Williams, Cambridge Law Journal [An] excellent book … the foundation for any future scholarship on Blackstone and his Commentaries RB Bernstein, The Law and Politics Book Review The worth of Blackstone and his Commentaries … is not to be measured by the distinction of the authors of its various chapters although, in this case, it is difficult to imagine a more impressive collection of scholars covering such a broad range of expertise … Happily, the quality of the writing … matches the outstanding reputations of the respective authors… ‘I happily recommend Blackstone and his Commentaries as a collection of essays each of which is full of interest and which, taken together, provide an important guide to Blackstones historic contribution and his continuing relevance for the development of the law.’ Stephen Keim, Hearsay This is very interesting and useful collection of essays, which show very clearly how, nearly 250 years after the publication of his greatest work, there still remains much to be said about the Commentator. Michael Lobban, Journal of Legal History Among the most celebrated works in the Anglo-American legal tradition, William Blackstones Commentaries on the Laws of England (1765-9) is currently attracting renewed scholarly interest. Whilst the commentaries no longer dominate legal education, they continue to be regularly cited in superior courts throughout the common law world, besides providing a remarkably comprehensive account of public and private law in England on the cusp of the Industrial Revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence and the impact of his great book are the main themes of the collection. Individual essays treat Blackstones early architectural treatises and their relationship to the Commentaries; his idiosyncratic bibliophilia; his views of the role of judges, interpretation of statutes, the law of marriage, natural law, property law and the legalities of colonisation. Together with the dissemination and the reception of the Commentaries, Blackstones bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. Wilfrid Prest is Professor Emeritus in History and Law at the University of Adelaide. July 2014 268pp Pbk 9781849466424 RSP: £20 / €26 Please click here for more information about this title and to order online NEW AS PAPERBACK Rights and Private Law Edited by Donal Nolan and Andrew Robertson If one is interested in the latest in private law theory in the corrective justice vein, this book is a must ... Rights and Private Law is a powerful anthology about how rights-based thinking is influencing one prevalent strand of private law theory. Erik S Knutsen, Canadian Business Law Journal ...a very rich and rewarding collection of 21 high-quality essays... which makes an important contribution to private law scholarship. Stephen Watterson, Restitution Law Review This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law. Donal Nolan is the Porjes Foundation Fellow and Tutor in Law at Worcester College, University of Oxford. Andrew Robertson is a Professor of Law at the University of Melbourne. June 2014 682pp Pbk 9781849466561 RSP: £35 / €45 Please click here for more information about this title and to order online NEW AS PAPERBACK Childrens Socio-Economic Rights, Democracy and the Courts Aoife Nolan WINNER OF THE KEVIN BOYLE BOOK PRIZE 2012 FOR OUTSTANDING LEGAL SCHOLARSHIP Professor Nolan has produced a superbly written and researched ... contribution to the study of both childrens rights and socio-economic rights that will shape discussion of these questions for years to come Conor OMahony, Modern Law Review ‘Nolans book is based on extensive, wide-ranging research and is very skilfully argued. Add to that the novelty of taking a child-centred approach to socio-economic rights and the book looks set to become the go to source on the adjudication of childrens socio-economic rights for human rights scholars and practitioners.’ Anashri Pillay, LSE Review of Books ‘...both a welcome and necessary development and stands as a timely contribution to the existing literature.’ ‘Nolans work would provide a useful insight to researchers with an interest in constitutional law and theory, democratic theory, judicial theory, childrens rights and human rights. Throughout the text, her arguments are accompanied by well-supported examples of litigation from a variety of jurisdictions. The detailed account of litigation included would be of use to practitioners, especially to those from the jurisdictions named within the text (UK, South Africa, India, Argentina, Brazil, Columbia and the USA). Policy-makers and judges would also be well informed by the text. Indeed, it appears the author would hope that the judiciary or policy-makers would benefit from an awareness of the arguments put forward by the book and would be encouraged to be mindful of the benefits of a proactive approach to enforcing childrens socio-economic rights when engaging in their respective functions.’ Emma Nottingham, Child and Family Law Quarterly ‘Aoife Nolan addresses a crucial and underdeveloped topic in the literature of human rights law: the socio-economic rights of children...In order to support the claim that the courts are not only able but obligated to enforce child socio-economic rights, Nolan provides a thorough analysis of liberal democratic theory, the role of children in democracy, the judiciarys role as guardian of rights, the institutional capacity of the courts to enforce the socio-economic rights, and the implementation of rights-related court decisions. The book is a necessary analysis of the efficacy and legitimacy of judicial action in favour of child rights. Nolan advocates for the implementation of a rights-based response to child poverty, a crucial driver of poor overall health, and in doing so provides a powerful contribution to health and human rights scholarship.’ Judith Fitzpatrick, Health and Human Rights Aoife Nolans important book uses constitutional and democratic theory, human rights, and case law from a variety of jurisdictions to show how the courts can and should give effect to childrens socio-economic rights. Constituting a major contribution to scholarship, it is the first book to examine together childrens socio economic rights; children as democratic citizens; the implications of childrens rights for democratic constitutional theory; the role of courts in ensuring the enforcement of childrens rights, and the debates surrounding the litigation and adjudication of socio-economic rights. Aoife Nolan is Professor of International Human Rights Law at the School of Law, Nottingham University. June 2014 338pp Pbk 9781849467278 RSP: £22.50 / €29.25 Click here for more details about the Human Rights Law in Perspective Series Please click here for more information about this title and to order online If you wish to order any of these books please contact MDL: UK ORDERS T +44 (0)1256 302692; F +44 (0)1256 812521 / 812558 E [email protected] EU AND ROW ORDERS T +44 (0)1256 329242; F +44 (0)1256 842084; E [email protected] Or if you have any queries, please do not hesitate to contact me. With best wishes Mary Mahoney Hart Publishing Click here to view Hart Publishing 2014 Catalogue Hart Publishing Journals
Posted on: Tue, 22 Jul 2014 11:13:01 +0000
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