The Contemporary Law Review, with Current English and Foreighn Decisions
Title | The Contemporary Law Review, with Current English and Foreighn Decisions PDF eBook |
Author | |
Publisher | |
Pages | 1166 |
Release | 1913 |
Genre | Law |
ISBN |
The Contemporary Law Review
Title | The Contemporary Law Review PDF eBook |
Author | |
Publisher | |
Pages | 316 |
Release | 1913 |
Genre | Law |
ISBN |
The Contemporary Law Review
Title | The Contemporary Law Review PDF eBook |
Author | |
Publisher | |
Pages | 466 |
Release | 1913 |
Genre | Law |
ISBN |
The Criminal Law Review
Title | The Criminal Law Review PDF eBook |
Author | |
Publisher | |
Pages | 230 |
Release | 1913 |
Genre | Criminal law |
ISBN |
Akehurst's Modern Introduction to International Law
Title | Akehurst's Modern Introduction to International Law PDF eBook |
Author | Peter Malanczuk |
Publisher | Routledge |
Pages | 476 |
Release | 2002-04-12 |
Genre | Political Science |
ISBN | 1134833873 |
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
The Hague Judgments Convention and Commonwealth Model Law
Title | The Hague Judgments Convention and Commonwealth Model Law PDF eBook |
Author | Abubakri Yekini |
Publisher | Bloomsbury Publishing |
Pages | 291 |
Release | 2021-08-12 |
Genre | Law |
ISBN | 1509947086 |
This book undertakes a systematic analysis of the 2019 Hague Judgments Convention, the 2005 Hague Choice of Court Convention 2005, and the 2017 Commonwealth Model Law on recognition and Enforcement of Foreign Judgments from a pragmatic perspective. The book builds on the concept of pragmatism in private international law within the context of recognition and enforcement of judgments. It demonstrates the practical application of legal pragmatism by setting up a toolbox (pragmatic goals and methods) that will assist courts and policymakers in developing an effective and efficient judgments' enforcement scheme at national, bilateral and multilateral levels. Practitioners, national courts, policymakers, academics, students and litigants will benefit from the book's comparative approach using case law from the United Kingdom and other leading Commonwealth States, the United States, and the Court of Justice of the European Union. The book also provides interesting findings from the empirical research on the refusal of recognition and enforcement in the UK and the Commonwealth statutory registration schemes respectively.
The War Prerogative
Title | The War Prerogative PDF eBook |
Author | Rosara Joseph |
Publisher | OUP Oxford |
Pages | 257 |
Release | 2013-09-26 |
Genre | Law |
ISBN | 0191641278 |
This book studies the evolution of the war prerogative in England from 1600-2012. It traces the historical theory and practice of the war prerogative and proposes reform of the constitutional arrangements for its exercise. It addresses three key questions. First, what have writers on political and constitutional theory said about the constitutional arrangements for the war prerogative, and, in particular, what justifications have been advanced for those arrangements? Secondly, in practice, has the executive in fact possessed sole and exclusive powers over war and the deployment of force, or have Parliament and the courts had a role to play in their exercise and scrutiny? Thirdly, are there better ways to organise our constitutional arrangements for the war prerogative, to enable a more substantive role for Parliament (particularly the House of Commons) in its exercise and scrutiny? On the first question, it is shown that orthodox theoretical and political discourses have continuously asserted the executive's exclusive power over war, but the justifications advanced for that arrangement have changed over time. Those changes reflect the varying influence of different political theories at different times. On the second question, it is found that, contrary to orthodox theoretical and political discourses, Parliament has played an active and substantive role in the exercise and scrutiny of the war prerogative. The courts have refused to intervene in the exercise of the war prerogative, but have been more ready to intervene in cases involving the exercise of powers incidental to the war prerogative. On the third question, it is argued that reform of the constitutional arrangements for the war prerogative is necessary and desirable. The use of 'institutional mechanisms' is recommended, which are small-scale rules and institutional arrangements, within existing institutions, which aim to promote certain normative goals. In particular, the enactment of a statute is proposed, which would impose conditions on the executive's exercise of its war prerogative. It is argued that these proposals show that, through careful institutional design, democratic values, national security, and operational efficiency can each be reconciled and promoted.