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Constitutional Interpretation in Federations and its Impact on the Federal Balance
No full textMost of the existing literature or judicial interpretation of federal constitutions focuses either on individual federations or on comparative studies of specific judicial techniques and/or specific fields. This paper argues that the general interpretative philosophy underlying the judicial approach has a huge impact on the balance of power in a federation; an originalist interpretation tends to favour the constituent units, while progressive or "living" constitutionalism tends to have a centripetal effect. However, even the adoption of an originalist approach is not sufficient to fully counter the general centralising trend noticeable in the constitutional jurisprudence of all the federations studied. Further, the analysis suggests that constitutional courts often adopt a different approach to interpretation in federalism-related issues than they do in other areas of constitutional law, such as fundamental rights
The applicable law in the Caribbean Single Market
No full textThe Honourable Mr Justice Rolston F. Nelson (Caribbean Court of Justice and former IALS Inns of Court Fellow) examines the status and work of regional courts which exist as offshoots of regional economic communities, with particular reference to CARICOM. He considers the conundrum of the regional court that while it is a supranational body created by international law agreements and applying international law, it purports to prescribe a uniform local law for the limited geographic area of its jurisdiction based on considerations legal and economic peculiar to that geographic area
Finishing the Unfinished: Paradise in Fausto da Longiano's Vernacular Translation of Piccolomini's Cosmographia (1544)
No full textA question of religion or orientation: Hall & Preddy v Bull and the possible effect of the Equality Act 2010
No full textA consideration of the interplay of religion and sexual orientation discrimination following decisions in recent English cases and the potential impact of the Equality Act 2010 on notions of direct and indirect discrimination. Article by James Hand and Pat Feast (School of Law, University of Portsmouth) published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London)
Accession of the European Union to the European Convention on Human Rights
No full textThe author reports on a one-day conference held at the IALS in May 2011 considering the benefits and closer cooperation following from the accession of the European Union (EU) to the Council of Europe European Convention on Human Rights and Fundamental Freedoms (ECHR), setting out the case for accession and necessary preparations for accession. Article by Simone White, European Anti-Fraud Officer, European Commission and honorary research at the Institute of Advanced Legal Studies - published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
Editing the Wake.
No full textReview essay of a critical edition of James Joyce's Finnegans Wake, edited by Danis Rose and John O'Hanlon (London: The Houyhnhnm Press, 2010). In addition to given a fairly positive assessment of the editorial work, the review also covers the question of the (im)possibility to edit a work like Finnegans Wake
Constitutional developments since the Lisbon Treaty in the area of freedom, security and justice at supranational and national level
No full textIn order to evaluate the constitutional developments in the area of freedom, security and justice (AFSJ) of the Lisbon Treaty, this article begins with a tour d'horizon of the new provisions in the field of AFSJ. Their impact on the supranational and national constitutional legal order is discussed, and the differnces with the Treaty of Nice. There is also a review of some European Court of Justice cases interpreting the old Third Pillar instrument and comparing them with the new Lisbon challenges. Article by Alfred Kellermann (Senior EU Legal and Policy Advisor; Visiting Professor in European Law)
Employee participation under German company law
No full textDr Frank Wooldridge considers the history and development of worker participation in German companies under German company law and European company law
International Commercial Harmonisation and National Resistance – The Development and Reform of Transnational Commercial Law and its Application within National Legal Culture
Get PDFThis paper was presented at the W.G. Hart Workshop at the Institute of Advaced Legal Studies on Harmonisation of Laws. The author suggests a two way method of legal harmonsiation where one way is the legislative activity connected with harmonisation and the reciprocal activity is a complementary effort by domestic jursidictions to make harmonised law work. The author demonstrates this method by introducing ways to apply and interpret uniform law and its implementation in domestic laws as well as examining selected issues of transnational law such as cross border litigation, contracting, transnational corporate activity and double taxation
“I have met you too late”: James Joyce, W.B. Yeats and the Making of Chamber Music
No full textA consideration of the early relationship between James Joyce and W.B. Yeats and the literary-historical contexts of the composition, publication and reception of Chamber Music