Public and administrative law 105 results

This book explores how the public's right of access to environmental information is being used in practice and how far these uses, and the motives behind them, align with the aspiration of furthering environmental protection that lies behind the creation of this legal right.

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

This book provides a thorough account of states' obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It also examines state obligations under the European Convention on Human Rights and EU law.

Human rights play a crucial role in health law and policy. This book systematically explores a range of themes and dimensions of 'health and human rights'. It discusses the approaches of the UN, Council of Europe and EU to health and human rights, as well as a number of important themes including autonomy and paternalism, vulnerability and entitlements, abortion, digitisation and artificial intelligence, and questions surrounding death and dying.

Bruce Harris has left an indelible mark on public law across the common law world. In this Festschrift, commentators explore key themes including the nature of executive power, issues concerning the judiciary, and the future of unwritten constitutions. This collection of essays conveys a distinctively pragmatic approach to public law, relevant to scholars and practitioners alike.

The book deals with topical issues in the ongoing process of harmonisation in the fields of environmental and energy law. Applying critical perspectives, the contributors address a broad array of issues ranging from more general concepts and processes of harmonisation to more specific applications with regard to the domains of environmental and energy law.

This volume includes chapters on "Developments in the EU and EU Energy Law", "EU Case Law", "New Developments in Cross-border Energy Governance", "Energy Communities" and "Clean Hydrogen: Regulatory Frameworks".

Scholars from multiple countries and disciplines analyse the existing and potential contributions that private law and private international law can make towards each of the 17 United Nations Sustainable Development Goals (SDGs) 2030.

Bailiffs play an important role in the enforcement of court orders. They are part of the state machinery for the transfer of assets from debtors to creditors and for evictions. This book investigates the surprising differences in bailiff regulation across Europe and questions how far governments take adequate responsibility for enforcement action.

This book examines coronavirus-related legislation and its consequences in European states. It brings together expert contributions from over 80 academics and practitioners.

This book presents inspiring ideas about how law can support the fundamental transition processes to a sustainable future and how it can provide guidance on the pathways to sustainability.

Healthcare is changing. This volume explores patient autonomy and data protection laws in light of developments in modern healthcare systems, particularly ICT in healthcare and personalised medicine. A must-read for every professional active in the field of data protection law, health law, policy development or IT-driven innovation.

This book contains the text of the Inaugural Caius Mok Law Lecture, given by The Hon. Chief Justice Geoffrey Ma at Gonville and Caius College, Cambridge.

This book examines the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.

This book analyses in a comprehensive manner the phenomenon of 'public interest' in different areas of law, both public and private. The contributions focus on the definition of public interest and the distinction between public and private interest. Further, they define the relevant 'public' and investigate the weight of public interest in case of conflict with other considerations and the legal consequences of its breach.

This book analyzes the legal issues arising from and relating to environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It takes into consideration specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions.

This book analyses the emerging concept of 'non-regression' as a novel legal principle of international environmental law. In order to do so, it traces the development of related concepts in the framework of international human rights law and advocates their application to international environmental law using a novel approach of comparative law method.

In many cases, existing Anti-Money Laundering legislation is shaped by unrealistic political expectations and inconsistent design. This book outlines key deficiencies of existing law and develops policy proposals to enhance both effectiveness and respect for fundamental rights. This book is also available online as a free, open access resource at www.intersentiaonline.com.

This book concerns the impact of recent changes in technology (including the internet and artificial intelligence), as well as innovations (such as the changing ways of billing, new law firm structures and requirements and new employment practices) on the wellbeing of lawyers. There is evidence that the wellbeing of lawyers can be enhanced or diminished by these new practices and developments.

Through a collection of expert analyses, this book aims to deepen our understanding of the dangers of fake news and disinformation, while also charting well-informed and realistic ways ahead.