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eBook
Asian comparative constitutional law, volume 3: constitutional structure
Bui, Ngoc Son; Malagodi, Mara; Roberts, Christopher
Hart Publishing
, 2025
; English
; 511 Pages
This is the third in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in Asia.
Volume 3 looks at the both the formal and functional aspects of constitutional structure in 18 Asian jurisdictions.
It considers formal aspects such as:- legislative-executive relations;- the court system;- constitutional review (including specialist, ordinary judicial review, and non-judicial institutions of constitutional review);- central-local relations and federalism;- the role of the political parties;- the role of the military; and- independent institutions, such as audit, election, and anti-corruption institutions. It also answers questions about functional aspects of constitutional structure including:- How do these structural institutions work in practice? - What are the factors, such as political dynamics, local culture, ethnic diversity, and social structure, influence their operation?The jurisdictions covered are: Bangladesh, China, Hong Kong, Indonesia, Japan, Laos, Macau, Malaysia, Mongolia, Myanmar, North Korea, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
Bui, Ngoc Son; Malagodi, Mara; Roberts, Christopher
Hart Publishing
, 2025
; English
; 511 Pages
This is the third in a four-volume set that provides the definitive account of the major issues of comparative constitutional law in Asia.
Volume 3 looks at the both the formal and functional aspects of constitutional structure in 18 Asian jurisdictions.
It considers formal aspects such as:- legislative-executive relations;- the court system;- constitutional review (including specialist, ordinary judicial review, and non-judicial institutions of constitutional review);- central-local relations and federalism;- the role of the political parties;- the role of the military; and- independent institutions, such as audit, election, and anti-corruption institutions. It also answers questions about functional aspects of constitutional structure including:- How do these structural institutions work in practice? - What are the factors, such as political dynamics, local culture, ethnic diversity, and social structure, influence their operation?The jurisdictions covered are: Bangladesh, China, Hong Kong, Indonesia, Japan, Laos, Macau, Malaysia, Mongolia, Myanmar, North Korea, Pakistan, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
eBook
Intellectual property debates in South Asia : law, development, and practice
Upreti, Pratyush Nath
Hart Publishing
, 2025
; English
; 383 Pages
This book brings together leading scholars from South Asia and beyond to examine the development of intellectual property (IP) law within the national legal systems in South Asia. It is the first comprehensive effort to consolidate the region’s IP practices and narratives within a single edited volume.
Highlighting diverse approaches in countries such as India, Pakistan, Sri Lanka, Nepal, Bangladesh, and Afghanistan, the book embraces local legal ethos and promotes comparative studies at regional and international levels. Structured in three parts, Part 1 addresses IP through development and social justice lenses, covering IP theory, geographical indications, technology transfer, and de-colonisation.
Part 2 examines recent legislative and judicial developments across the region.
Part 3 offers comparative insights with a focus on institutions, courts and practices. Each contribution addresses innovative IP practices and emerging challenges in South Asia, offering a platform for further discussion among scholars, policymakers, and stakeholders.
Upreti, Pratyush Nath
Hart Publishing
, 2025
; English
; 383 Pages
This book brings together leading scholars from South Asia and beyond to examine the development of intellectual property (IP) law within the national legal systems in South Asia. It is the first comprehensive effort to consolidate the region’s IP practices and narratives within a single edited volume.
Highlighting diverse approaches in countries such as India, Pakistan, Sri Lanka, Nepal, Bangladesh, and Afghanistan, the book embraces local legal ethos and promotes comparative studies at regional and international levels. Structured in three parts, Part 1 addresses IP through development and social justice lenses, covering IP theory, geographical indications, technology transfer, and de-colonisation.
Part 2 examines recent legislative and judicial developments across the region.
Part 3 offers comparative insights with a focus on institutions, courts and practices. Each contribution addresses innovative IP practices and emerging challenges in South Asia, offering a platform for further discussion among scholars, policymakers, and stakeholders.
eBook
Markets in crypto-assets regulation: law and technology
Haentjens, Matthias; Gullifer, Louise; Kokorin, Ilya
Hart Publishing
, 2025
; English
; 433 Pages
This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR.
The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space.
This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.
Haentjens, Matthias; Gullifer, Louise; Kokorin, Ilya
Hart Publishing
, 2025
; English
; 433 Pages
This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR.
The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space.
This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.
eBook
Controlling the administrative state : essays in honour of matthew groves
Aronson, Mark; Weeks, Greg
Hart Publishing
, 2025
; English
; 319 Pages
This book discusses some of the most important issues facing administrative law and related doctrines.
Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it.
This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; ‘lawfare’; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice.
These topics have been central to the work and career of Matthew Groves. Readers interested in public law – whether practitioners, researchers or students – will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.
Aronson, Mark; Weeks, Greg
Hart Publishing
, 2025
; English
; 319 Pages
This book discusses some of the most important issues facing administrative law and related doctrines.
Leading public law scholars from across the common law world have contributed chapters to recognise the exceptional scholarship and career of Matthew Groves, Distinguished Professor at Deakin University, Australia. Over the last century, the power of the administrative state has grown immensely and the scope of administrative law as a field of inquiry has grown with it.
This collection of essays provides an up-to-date analysis of some of the most important issues in administrative law in the 2020s, including: access to justice issues; the role, purpose and future of ombuds institutions and tribunals; government liability within and beyond judicial review; integrity bodies; ‘lawfare’; the role of policies in government decisionmaking; and the tension between military and civilian systems of justice.
These topics have been central to the work and career of Matthew Groves. Readers interested in public law – whether practitioners, researchers or students – will discover a wealth of engaging and thought-provoking considerations of the most topical current issues in administrative law by a selection of prominent academics.
eBook
Environmental NGOS and access to justice before the CJEU
Pagano, Mario
Hart Publishing
, 2025
; English
; 279 Pages
This book tells a fascinating legal mobilisation story.
Analysing EU environmental litigation over the last 30 years, it illustrates how the European environmental movement has patiently attempted and succeeded in expanding access to justice opportunities before the EU Courts. This is despite the longstanding reluctance of the EU Court of Justice to soften its standing requirements for private applicants bringing cases directly to Luxembourg.
This research draws on both doctrinal analysis and qualitative methods of socio-legal inquiry.
At its heart are interviews with key stakeholders: environmental lawyers, plaintiffs, and activists, which give an invaluable and innovative perspective on strategic litigation before the EU judiciary. With the growing emergency posed by the climate crisis and resultant increased litigation, this book makes a significant scholarly contribution to the study of environmental movements, to our conceptualisation of legal mobilisation, and to our understanding of the impact of litigation in European environmental law.
Pagano, Mario
Hart Publishing
, 2025
; English
; 279 Pages
This book tells a fascinating legal mobilisation story.
Analysing EU environmental litigation over the last 30 years, it illustrates how the European environmental movement has patiently attempted and succeeded in expanding access to justice opportunities before the EU Courts. This is despite the longstanding reluctance of the EU Court of Justice to soften its standing requirements for private applicants bringing cases directly to Luxembourg.
This research draws on both doctrinal analysis and qualitative methods of socio-legal inquiry.
At its heart are interviews with key stakeholders: environmental lawyers, plaintiffs, and activists, which give an invaluable and innovative perspective on strategic litigation before the EU judiciary. With the growing emergency posed by the climate crisis and resultant increased litigation, this book makes a significant scholarly contribution to the study of environmental movements, to our conceptualisation of legal mobilisation, and to our understanding of the impact of litigation in European environmental law.
eBook
Towards a new theory of adjudication : integrating theory and practice
Phang, Andrew
Hart Publishing
, 2025
; English
; 267 Pages
This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings.
It presents a new theory of adjudication that incorporates both useful and modified elements of these theories.
The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values.
Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country’s highest appellate court in order to provide a unique perspective that illustrates this new theory.
Phang, Andrew
Hart Publishing
, 2025
; English
; 267 Pages
This book explores the major theories of common law adjudication and presents a new theory of adjudication. It shows that the existing major theories of common law adjudication each capture only part of what occurs in actual court proceedings.
It presents a new theory of adjudication that incorporates both useful and modified elements of these theories.
The new theory itself comprises two parts: first, an attitudinal aspect based on institutional values; and second, a number of practical and theoretical factors which give concrete expression to those values.
Throughout the book, the author draws on his prior experience both as a law professor and as a judge in his country’s highest appellate court in order to provide a unique perspective that illustrates this new theory.
eBook
Criminal law and prior fault : comparative perspectives on addiction and intoxication
Goldberg, Anna; Manguele, Paloma
Hart Publishing
, 2025
; English
; 239 Pages
This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated?
Should they be criminally liable for those harms, even if they act without intention or control?
What if their intoxicated state is associated with addiction?
Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives.
These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions.
This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication.
Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.
Goldberg, Anna; Manguele, Paloma
Hart Publishing
, 2025
; English
; 239 Pages
This book offers fresh perspectives on the role of addiction in prior fault culpability by integrating legal, psychological, neuroscientific and philosophical dimensions. Are intoxicated defendants responsible for harms they cause to persons and property when intoxicated?
Should they be criminally liable for those harms, even if they act without intention or control?
What if their intoxicated state is associated with addiction?
Analysing the complex interactions between addiction, intoxication and law, prior fault is addressed from various jurisdictions including predominantly England and Wales, Scotland, and the Netherlands, while also incorporating multiple disciplines, thereby discussing prior fault structures from overarching, non-jurisdictional perspectives.
These different disciplines and legal systems are not merely described but closely integrated through co-authored chapters, involving academics from different disciplinary fields and legal traditions.
This collection is a thorough resource for students, academics, researchers, and practising lawyers who aim to deepen their understanding of the law's approach towards addiction and intoxication.
Moreover, it illustrates the importance of a collaborative approach between different legal traditions and interdisciplinary scientific understanding, thereby laying the groundwork for future legal reforms, informed legal practice, and research.
eBook
Law and politics at the National Industrial Relations Court 1970-75 : ‘rather peculiar things’
Oldham KC, Peter
Hart Publishing
, 2025
; English
; 207 Pages
This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 – the Pentonville Five – for defying the Court’s orders, strikes erupted and the docks closed. With the country’s food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found?This is a revelatory account of the National Industrial Relations Court’s defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing – in Donaldson’s own words – 'rather peculiar things'.
eBook
Oldham KC, Peter
Hart Publishing
, 2025
; English
; 207 Pages
This book gives extraordinary new insights into the legal, political and industrial strife in the UK of the early 1970s, focusing on the National Industrial Relations Court and how its independence came to be injured at a time of national crisis. Constitutional and employment lawyers, and indeed anyone interested in the history of the times, will not want to be without this deeply researched yet entertaining work. When the Heath Government came to power in 1970, it set up the National Industrial Relations Court to referee highly contentious disputes between unions and employers. Regarded with hostility by the labour movement from the start, the Court and its President, Sir John Donaldson, faced mounting suspicion, and were regularly front-page news. When Donaldson jailed five dockers in 1972 – the Pentonville Five – for defying the Court’s orders, strikes erupted and the docks closed. With the country’s food supplies dwindling, a state of emergency loomed. How had it come to this? Could a way through be found?This is a revelatory account of the National Industrial Relations Court’s defining crisis, set in the context of a wider, and frequently startling, exposition of how Donaldson went about his role as its President. Peter Oldham KC combines decades of experience as a barrister with archival research to shine a bright new light on how and why the Court found itself doing – in Donaldson’s own words – 'rather peculiar things'.
eBook
The Societal Company : sustainability, shareholder value, and European Company Law
Quinn, John
Hart Publishing
, 2025
; English
; 187 Pages
Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible.
This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model.
A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value.
In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy.
This book presents an argument for how the ‘societal company’ – a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive – can be established through reflexive law.
The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.
Quinn, John
Hart Publishing
, 2025
; English
; 187 Pages
Many attempts have been made to reduce the harms caused by business and to make companies become socially responsible.
This book approaches the subject from a new perspective arguing that reflexive law offers the best means to align the interests of large companies with those of society and that recent developments in European company law fit a reflexive model.
A reflexive company law, rather than trying to directly regulate companies, aims to affect internal decision-making processes to make companies responsive to outside interests and prevent them from operating as closed systems singularly focused on shareholder value.
In this vein, the EU has recently imposed new obligations on companies to develop corporate sustainability reporting and due diligence processes as part of its objective to create a climate-neutral and sustainable economy.
This book presents an argument for how the ‘societal company’ – a company that has an internal culture of transnational responsibility to do no harm but that retains the autonomy necessary to be economically productive – can be established through reflexive law.
The book will appeal to researchers, policy makers and lawyers interested in corporate sustainability, regulatory theory, company law and EU law.
eBook
The rise of constitutionalism : a global perspective
Chrysogonos, Kostas
Hart Publishing
, 2025
; English
; 375 Pages
This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents.
From the struggles for democratic governance in Latin America to Asia’s delicate balance between tradition and modernity and Africa’s post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance?
What are the lessons of ‘facade’ Constitutions on the tension between formal documents and the realities of governance?The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism.
By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice.
The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.
Chrysogonos, Kostas
Hart Publishing
, 2025
; English
; 375 Pages
This book explores the historical, comparative and global dimensions of the constitutional phenomenon. From the origins of constitutionalism to the diverse trajectories of North American and European constitutionalism, the book considers pivotal moments in the emergence and evolution of formal Constitutions as the main structure of constitutional governance. It presents a critical inquiry into the realities that lie beneath the surface of formal constitutional documents.
From the struggles for democratic governance in Latin America to Asia’s delicate balance between tradition and modernity and Africa’s post-colonial arrangements, the book poses a critical query: amidst the promises of democratic ideals, do formal Constitutions always translate into effective governance?
What are the lessons of ‘facade’ Constitutions on the tension between formal documents and the realities of governance?The book explores the past and present of constitutional governance in the first quarter of the 21st century and offers insights on the future of constitutionalism.
By assessing the normative quality of Constitutions and exploring the intrinsic link between them and representation, it offers an understanding of the essence and trajectories of constitutional thought and practice.
The Rise of Constitutionalism is a must-read for anyone fascinated by the enduring legacy and evolving nature of the constitutional phenomenon.
