08 May 2017
New from Hart Publishing
Principled Reasoning in Human Rights Adjudication
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:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $73.80 (+ postage)
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 400pp Hardback RSP:
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Wrong Route on Bloody Sunday
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 176pp Hardback RSP:
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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:
DISCOUNT RATE TO EMAIL LIST SUBSCRIBERS: $30.60 (+ postage)