A new edition of this book will be published in June 2023.

Constitutions Compared was previously published by Intersentia.

Changes made in respect to the previous edition
On this page in the section downloads you will find the inspection copy. Here you can find out what changes have been made in the new edition.

The sixth edition of this widely utilized handbook provides a userfriendly and original and innovative introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. In this sixth edition, the author has expanded several chapters to provide for even more detail on national legal systems, providing examples from constitutional practice, and offering constitutional comparison. Naturally the book has been updated to include constitutional events until May 2021.
This book most notably includes many constitutional developments in the constitutional systems within our scope. Including the Brexit' and the new compositions of the national parliaments and the European Parliament. What also sets this book apart is that the EU has been woven into it, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law of its member-states.

This handbook is strong in building the relevant constitutional concepts and the constitutional structures, as well as illustrating them with examples and constitutional and political practice. It also provides readers in general and students of constitutional law with tools and basic questions to address constitutional issues and to evaluate the different constitutional models and features.

Constitutions Compared has proven its success as a helpful guide for students who are for the first time exploring comparative constitutional law, and for more advanced graduate-level courses it provides a solid foundation. It remains a thorough introduction which purports to give an overview, with many examples and applications in practice, with enough legal and practical details to be accessible and to the point, whilst at the same time providing the whole picture and highlighting general constitutional questions and perspectives.

This book aims to bring together researchers and experts from different legal and anthropological backgrounds to examine the interaction between borders and migration and the challenge they pose to our societies. The work results from an academic sub-project on Migration Law and Policy at the Faculty of Laws of the University of Malta. It formed part of a much larger project involving a Jean Monnet Network MAPS project led by the University of Naples, L'Orientale. It represents the work undertaken by the University of Malta during this project. This book is relevant to lawyers, anthropologists and students with an interest in migration law and policy.

The seventh edition of this widely utilized handbook provides a user-friendly and original and innovative introduction to comparative constitutional law, with specific reference to liberal democracies and states under the rule of law. For each area of constitutional law of such systems, a general introduction and a comparative overview is provided, followed by more detailed country chapters on that specific area. Though the book focusses extensively on selected countries, references to other states and their constitutional models have also been included for a general background and comparison. In this seventh edition, the author has expanded several chapters to provide more detail on national legal systems to offer constitutional comparison. The book has been updated to include constitutional events until April 2023. Constitutions Compared most notably includes many constitutional developments in the constitutional systems within our scope. That includes the new compositions of the national parliaments and the European Parliament and the new government coalitions. What also sets this book apart is that the EU has been woven into it, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law of its member-states. This has led to a new paragraph about basic aspects of international law, specifically to provide sufficient basis for the understanding of the relations between national constitutional law and international law. This handbook strengthens understanding of the relevant constitutional concepts and the constitutional structures, as well as illustrating them with recent examples and topical constitutional and political practice. It provides readers in general and students of constitutional law with tools and basic questions to address constitutional issues and to evaluate the different constitutional models and features. Constitutions Compared has proven its success as a helpful guide for students who are exploring comparative constitutional law for the first time. For more advanced graduate-level courses it provides a solid foundation. It remains, and is intended to be, a thorough introduction into constitutional law which purports to give an overview, with many examples and applications in practice, and with enough legal and practical details to be accessible and to the point. At the same time it provides the whole picture and highlights general constitutional questions and perspectives.

AI systems have the capacity to act in a way that can generally be considered as 'criminal' by society. Yet, it can be argued that they lack (criminal) agency - and the feeling of it. In the future, however, humans might develop expectations of norm-conforming behavior from machines. Criminal law might not be the right answer for AI-related harm, even though holding AI systems directly liable could be useful - to a certain extent. This book explores the issue of criminal responsibility of AI systems by focusing on whether such legal framework would be needed and feasible. It aims to understand how to deal with the (apparent) conflict between AI and the most classical notions of criminal law. The occurrence of AI is not the first time that criminal law theory has had to deal with new scientific developments. Nevertheless, the debate on criminal liability of AI systems is somewhat different: it is deeply introspective. In other words, discussing the liability of new artificial agents brings about pioneering perspectives on the liability of human agents. As such, this book poses questions that find their answers in one's own beliefs on what is human and what is not, and, ultimately, on what is right and what is wrong.

About the Maastricht Law Series: Created in 2018 by Boom Juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series that allows researchers an excellent opportunity to showcase their work.

On 27 January 1186 the German king Henry VI, son and heir of the Roman Emperor Frederick I 'Barbarossa', married Constance of Hauteville, heir to the throne of Sicily, in the Basilica of St Ambrose in Milan. The royal wedding sealed the union of the Kingdom of Sicily and the Holy Roman Empire, creating an enormous empire stretching from the shores of the North Sea to the beaches of Africa. The union also incited a major geopolitical conflict dominating European politics in the thirteenth century since it seriously compromised the sovereignty which the Roman papacy professed to exercise over all Christendom as well as the territorial integrity of the Papal State. Consequently, succeeding popes ( Innocent III, Gregory IX and Innocent IV) endeavoured to undo that union at all costs. The ensuing struggle between the Roman papacy and the Hohenstaufen emperors culminated in the deposition of the Emperor Frederick II by Pope Innocent IV on the First Council of Lyon in 1245, resulting in the final dissolution of the union of the Empire and the Kingdom of Sicily and the extermination of the Hohenstaufen race. By inviting a foreign prince, Charles of Anjou, brother to King Louis IX of France, to fight the last of the Hohenstaufens, papal politics ultimately turned the Italian peninsula into a battlefield for the two major powers of early-modern Europe: Spain and France.

The origins, the vicissitudes, and the consequences of the union of the Empire and the Kingdom of Sicily are the subject of the first part of this book. The second part deals with the trial of Frederick II at Lyon, the court and its competence, the law involved and, lastly, the execution and aftermath of the sentence of the court.

Criminal justice is primarily designed to serve the public interest in relation to criminal acts. Restorative justice is designed to address the harm-related needs of individuals in the aftermath of wrongdoing. These distinct aims require such different processes and priorities that any attempt to integrate restorative justice within the criminal justice system will almost invariably undermine the quality and effectiveness of both. In this book, the author argues that the optimal relationship between the two should therefore be one of maximum independence: the instruments of the state should not be used to impose or enforce the decision to participate in restorative justice, any component of the restorative justice process or its outcome. It is also suggested that, in the absence of legislative innovation, this kind of separation is likely to require that restorative justice is situated after a case has actually exited the justice system, or after it has, in legal terms, effectively done so, as in a post-sentence context.

Visit the author's homepage here: https: //relationalapproaches.com/parallelism/

Discrimination is still not sufficiently addressed within liberal democracies. Often only some groups are protected against discrimination and merely in certain situations. This leaves many who suffer because of discrimination without recourse. And that is only one of the dilemmas with group-based approaches to the protection against discrimination. So why are these approaches so common? And can we find a viable alternative? In this new book, legal scholar Erwin Dijkstra answers these questions. His analysis is thorough, original, and thought-provoking. This makes Discrimination and the Foundation of Justice indispensable for anyone who seeks a better understanding of discrimination law, the relevant human rights context, and the debate on improving the protection against discrimination. That debate is brought to life through a thoughtful discussion of hotly debated topics like hate speech, affirmative action, and institutions that speak out against discrimination. As discrimination concerns us all, this book was written as a resource for all. It is meant to be read by those studying discrimination law professionally and the broader public alike.

In October 2021, the Maastricht European Private Law Institute (M-EPLI) organised a Roundtable on the recognition and enforcement of punitive damages across the globe. Experts from different continents reflected on the current position in their jurisdiction(s) and exchanged their understandings and ideas in the Roundtable. This resulting book includes an introductory chapter on the status quo of punitive damages enforcement in Europe, followed by country reports from Russia, China, South Korea, the Philippines and Japan, Commonwealth Africa, Mexico and Argentina, and Brazil. In conclusion, overarching insights from the Hague Conference are formulated. This book provides an invaluable resource for academics, judges, practitioners and policy makers in the field of private international law, punitive damages, and civil law remedies. It gives an overview of the treatment of punitive damages judgments across continents and may serve as a building block for further research. About the Maastricht Law Series: Created in 2018 by Boom juridisch and Eleven International Publishing in association with the Maastricht University Faculty of Law, the Maastricht Law Series publishes books on comparative, European and International law. The series builds upon the tradition of excellence in research at the Maastricht Faculty of Law, its research centers and the Ius Commune Research School. The Maastricht Law Series is a peer reviewed book series that allows researchers an excellent opportunity to showcase their work.

This volume is the eighth instalment in the Property Law Perspectives Series. Produced by the Young Property Lawyers' Forum (www.yplf.net), a global network of early career property law scholars, this volume presents the carefully curated highlights of two consecutive conferences held virtually in 2021 and 2022. A broad range of property law topics are covered in this book within the three themes of Property and Sustainability', Property and Society in Extraordinary Times', and Property Law for the Future'. The chapters have been submitted by talented young researchers from jurisdictions around the world including Italy, Peru, and South Africa, with each chapter providing an interesting analysis of an important aspect of property law. This book merits the attention of every student and academic interested in new developments in property scholarship, as well as of legal practitioners looking to place societal developments into a legal context.

Systems based on artificial intelligence (AI) offer increasing opportunities to support human decision-making. This book discusses these opportunities from highly practical perspectives. Starting from a solid background and explanation of artificial intelligence and the general ethical challenges and possibilities in the legal field, it delves into four specific applications of AI systems. The first part relates to the use and deployment of AI systems in the corporate boardroom and in the context of M&A transactions in particular. The second part discusses the deployment of AI systems in the context of art authentication in particular. The third part considers the deployment of AI systems in HR management. The fourth and final part discusses the use of AI systems in the context of dispute settlement and settlements. Through these discussions, this book aims to enhance the knowledge and understanding legal practitioners have of today's AI tools. It also aims to shed some light on the implications and challenges of those AI tools that may arise in the future.

In a globalizing world, national borders are frequently crossed. Moreover, flexibility is a key skill in the knowledge economy of the 21st century. Accordingly, an increasing number of workers can be labelled as 'highly mobile', which are persons that combine various forms of work (on-call contracts, employment agency work, platform-work, teleworking etc.) that are carried out in several countries.

This book provides an in-depth analysis of a current and pressing problem for an increasing group of working people, whose social (security) protection is unclear or even non-existent. The main rule of EU social security law prescribes that the law of the Member State where the person works applies.
When there are several work countries involved, the multi-activity rule of Article 13 of Regulation 883/2004 is to be applied. According to this conflict rule, the applicable social security legislation is to be determined by the place of work or the place of residence. Which of these two connecting factors is decisive in situations of high mobility? The rather simple question of where is the highly mobile worker socially insured may become a difficult one.

The consequences for highly mobile workers and their employers are that social rights and obligations are not only sometimes difficult to determine, one could also question whether the applicable legislation as determined by the conflict rules of Regulation 883/2004 is appropriate for a certain highly mobile situations. While some problems are more of a technical-legal nature, others rather stem from procedural and administrative issues. How could these problems be addressed by EU social security law?

With many forms of flexible work and work activities increasingly being performed in several Member States, it seems more important than ever to map out mobility-related issues that highly mobile workers may encounter and to explore possible routes towards more legal certainty regarding their social security protection. That is exactly what the research presented in this book aims to attain.

Climate change poses tremendous legal challenges. The law is still largely unsettled. Seeing the global consequences of GHG emissions, many enterprises may face litigation before courts in multiple jurisdictions. The outcome of these cases is often hard to predict. It is in the best interest of humankind and the environment to create global obligations, for instance in the form of concrete obligations of States and enterprises, which can be applied by courts around the globe. Using a myriad of legal sources as a basis, this book explores recurring legal features and remedies in the context of climate litigation. It explores the advantages and disadvantages of specific choices, while recognizing that there are often no self-explanatory answers. The lessons drawn are applied to hypothetical future cases.

Climate Litigation in a Changing World provides a basis for well-reasoned choices about measures that could, and will likely have to be, effectuated. Taking insufficient measures may give rise to liability. A keen understanding of these issues is vital for legal advisors, investors, NGO's, businesses and prospective lawyers to anticipate future legal developments.

With thanks to Bastiaan Kock for his valued contribution and assistance in the creation of this book.

Climate Litigation in a Changing World is distinctive and distinguished. Distinctive because there is no other book currently available that has the coverage and content of this book. It makes an innovative and important contribution to the literature on climate law. Distinguished because of its academic excellence. It is a thoughtful and scholarly explication and analysis of the climate change crisis and its legal solutions.
The Hon Justice Brian Preston, Chief Judge of the Land and Environment Court of New South Wales

On 10 March 2023, John Vervaele retired as professor of Economic and European criminal law at Utrecht University. On the occasion of that farewell, this liber amicorum was presented to him. It comprises 85 contributions, written in a variety of languages by friends, colleagues and former colleagues from all over the world.

In keeping with the tradition of the Willem Pompe Institute for Criminal Law and Criminology, the contributions are arranged around the following themes, which have also been central to John's work: criminal justice, core values and human rights; crime, criminology and criminal justice; criminal justice and European integration; corporate crime and the enforcement of socio-economic law; and conflicts and transitional justice.

The contributions are very worthwhile for an academic audience, as well as for legal practitioners.

In many fields, enforcement of EU policies is performed by the Member States. In principle, Member States are free to decide how and by which means they enforce such policies, albeit under the observance of EU legal principles and harmonised rules. While differences between Member States are inevitable, especially at the interface of criminal and administrative enforcement, they should not create legal obstacles to effective and rule of law-based enforcement in cross-border cases. In his dissertation, Aart de Vries analyses the legal principles and rules that determine the gathering, sharing, and use of evidence by EU Member States' administrative and judicial authorities in cross-border enforcement cases to answer an important and current question: do these legal principles and rules enable effective and rule of law-based transnational punitive enforcement of EU policies? De Vries looks into supranational EU law and national law in The Netherlands, Germany, and France to provide a detailed analysis of the applicable legal framework. On the basis of his findings, De Vries presents a convincing answer to the aforementioned question and puts forward various recommendations to enhance transnational punitive enforcement in the EU. In this light, this dissertation provides insights for academics and practitioners with an interest in punitive (criminal and administrative) enforcement of EU law.

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan.

Navigating the Right to Housing is the fifth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Comprehensive study of transfer solutions

This book presents, for the first time, a systematic study of the solutions available for transferring money claims and related security rights in securitisations, using England, France and Scotland as focus jurisdictions. It adopts a dual comparative approach to determine a model solution that is most efficient for securitisations.

Dual approaches for identifying and evaluating solutions

First, it employs a functional approach to identify solutions available in the focus jurisdictions. Through this method, the book offers a comprehensive doctrinal analysis of the laws governing the transfer of claims and related security rights in the selected jurisdictions, making it a valuable resource for students, academics and practitioners interested in this subject area. Second, the book uses a law and economics approach to evaluate the solutions and determine the most efficient solution. This novel approach uses a leximetric methodology to measure the transfer solutions against six policy objectives, making it a valuable resource for policymakers.

The book is a timely addition to the topical debate on how laws should be designed to facilitate securitisation in various jurisdictions.

The latest IPCC report makes it abundantly clear that we are failing to reach the target of limiting global warming to 1.5 C compared to the pre-industrial era. If we are to reach this target, we need to take measures to reduce the emission of greenhouse gases, to move away from fossil fuels as energy sources and to adopt renewable energy sources. Particularly high-income countries need to reduce consumption and the exploitation of nature. Enforcement is in order when incentives such as subsidies are not sufficiently effective.
To explore and reflect on the scope for state action that limits or expropriates property for climate protection, we gathered a group of scholars from around the world at the 2022 conference 'Takings for Climate Justice and Resilience', hosted by the University of Groningen. We sought to address the scope for States to expropriate property for renewable energy projects, to prohibit harmful activities on land, and to compel owners to refurbish their buildings. This fourth book in the Rethinking Expropriation Law series of the Expert Group on Expropriation Law (www.expropriation.info) contains fourteen double-blind peer-reviewed contributions based upon presentations given at the aforementioned conference. This book aims to contribute to the legal debate on how to better protect our climate, intended for academics, practitioners, policymakers and politicians.

The series Vastgoed, Omgeving & Recht (Property, Environment & Law) focuses on exchange of knowledge and discussion between theory and practice in the field of real estate, environment and law in the broadest sense. Monographs, theses, conference bundles and comments are part of the series. This series is part of the book series published by the Nederlands Institute for Law and Governance (NILG).
The Nederlands Institute for Law and Governance (NILG) is a joint venture between the faculties of law at the VU University Amsterdam, the University of Groningen and other research institutions to improve research in the field of Law and Governance. The NILG's research theme is the interaction between the regulation of public and private interests in law and the way in which these interests are being regulated.

Today's global society - with its fast technological developments, unlimited choice, uncertainty and complexity - requires new knowledge, dispositions and abilities from academically educated legal professionals. This challenges academic legal education to reconsider its theoretical foundations, aims, curriculum and pedagogy. This research explores how educators in legal education can contribute to the academic development of law students in contemporary times. A reinterpretation of the 19th century educational ideal of Bildung - which entails critical thinking, creative thinking, ACT responsibility and play and playfulness - is proposed as central to legal education's academic core. This book offers teachers, course and curriculum designers, and policy makers in academic legal education a theoretical foundation as a basis for their educational efforts. Furthermore, it proposes practical models and appropriate instructional interventions for the integration of critical thinking, creative thinking, ACT responsibility and play and playfulness in the everyday practice of legal education.

Toolkit Mediation is the practical guide for mediators, providing practical tools, useful models, and checklists for mediators in practice and is applicable to all styles and methods of mediation. It is a manual for how mediation can be used by various professionals for their own purposes. Managers, mediators, negotiators, trainers, coaches, consultants, lawyers, judges and other professionals can all benefit from using mediation techniques. This practical handbook contains an overview of the treasure trove of tools a mediator has at his disposal and is written to offer a clear guide on how to technically apply these tools. In particular, it includes comprehensive and easy-to-use practical checklists and overviews. This publication is a vital guide for anyone involved in a (potential) dispute, or engaged in a negotiation. Mediation techniques can be used to shape the result of a negotiation favorably. A mediator can also learn how to apply other techniques from negotiation theories, for example more directive or less neutral interventions. A manager cannot afford to ignore modern conflict management in his work. A coach, consultant or (psycho) therapist can apply mediation techniques in interactions with clients, though the objectives for using these techniques differ depending per profession. A mediator is a neutral and independent third party who assists others in resolving their disputes while a negotiator is always involved as a party and therefore uses mediation techniques to improve their own outcome. Moreover, negotiation does not necessarily imply conflict. A manager can be involved in a dispute as a party, but can also be consulted to act as an intermediary by others who are engaged in a dispute. A coach, consultant or therapist quite often deals with just one party instead of two. For mediators, this book can contribute to further improve professionalism. A mediator can utilize many different interventions and techniques to control the mediation process. In practice, however, most mediators primarily use their own set of preferred tools. During an actual mediation, attention is divided between choosing what interventions should be used (or not to intervene at all) on the one hand, and managing the process on the other hand. Also, in most mediation trainings the focus is especially on the process aspect: what should be done in what phase of the mediation? The indepth technical aspect of the interventions often receives less attention. This book is written to close this gap. Because of its focus on specific and practical knowhow this publication is suitable for both practitioners and scholars.

In a growing number of countries, inquiries into past intercountry adoptions take place that identify systemic abuses and irregularities and conclude that adoption stakeholders encouraged or facilitated illegal intercountry adoptions. However, so far, the response from these stakeholders has been inadequate in addressing the profound human rights violations endured by those affected by illegal adoptions. Despite the growing movement of adoptees advocating for justice on behalf of themselves and their birth families and communities, adoption stakeholders in both sending and receiving countries have remained largely passive, lacking a coherent strategy to confront and rectify illegal intercountry adoptions. This inertia is exacerbated by the wide gap in adequate regulations regarding remedies and reparations for illegal intercountry adoptions.

Facing the Past: Policies and Good Practices for Responses to Illegal Intercountry Adoptions aims to fill this critical gap by offering insights and recommendations to guide the process of reconciliation. Bringing together the contributions from scholars from various disciplines and adoptees themselves, this volume presents and discusses actionable measures that adoption stakeholders in both sending and receiving countries can employ to address the injustices inflicted upon victims of illegal intercountry adoptions. Targeting a diverse audience, including academics, policymakers, and adoption stakeholders, the book seeks to foster a path toward healing and accountability within the complex terrain of intercountry adoption.