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Volume Two: Uses of History in Constitutional Adjudication
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases.

Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Around 1485, the age-old compilation of Old Frisian customary law, partly dating back to the 11th century, was put into print. Latin glosses were included in the text with references to Canon and Roman law. This gloss tradition had come into being during the 13th and 14th centuries. This incunable came to be known as Freeska Landriucht or Frisian Land Law. This book presents its first edition with an English translation.
Author: Zamira Xhaferri
This book examines the law and practice of the delegation of rulemaking powers to the European Commission. It combines legal doctrine with empirical research methods to bridge the gap between “law on the books” and “law in action” to fully appreciate the meaning and the impact of the changes post-Lisbon. The results of the empirical case study provide food for thought on how the current legal framework regime for delegated rulemaking by the European Commission could be improved. The findings seek to contribute to the academic and policy debates on this research topic that is likely to continue in forthcoming years.
What constitutes the core values, tenets, cultural, historic, and ideological parameters of secularism in international contexts? In twelve chapters, this edited work examines current tensions in liberal secular states where myriad rights and freedoms compete regarding education, healthcare, end-of-life choices, clothing, sexual orientation, reproduction, and minority interests. It explores the legal complexity of defining a ‘religion’ through judicial decisions and scrutinises Christianity, Hinduism and Islam’s relative success in accommodating religious pluralism.

Part One explores the religious practice and persecution nexus, COVID-19’s effect on religious freedom, religious education, burqas/headscarves, and religious culture in civil law. Part Two explores the constitutional principle of secularism in Member States of the Council of Europe, US Religious Clauses, and religious freedom in South Africa, UK, Australia, and India.
Author: Noah Vardi
This series critically examines issues of legal doctrine and practice in Central and Eastern Europe, including studies on the harmonization of legal principles and rules; the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The series offers a forum for discussion of topical questions of public and private law from domestic, regional, and international perspectives. Comparative research that provides insights in legal developments that can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of countries in the region also finds a home in the series.

For information about a related title, visit the webpages of the Brill journal Review of Central and East European Law.
Author: Sarah Jane Fox

Abstract

The reality is that transport and mobility matters to us all, it literally sustains our lives being an enabler of our economic and social life. ‘We’ take it for granted and perhaps none more so than the motorcar. Yet road transport also comes at a price – it takes lives.

From a United Nations perspective, it is identified that road crashes risk jeopardizing the whole sustainable development agenda.

This research commences by reflecting on the history and strategic direction being advocated at an international level. It considers the global divide, before attention and emphasis is turned to the EU’s approach to saving lives on the road. This is also compared with the US. The method applied is from a legal/policy measures approach – which puts the driver at the heart of intervention strategies. Focus in particular is accorded to the success of the EU driver/education law and policy.

Comparisons are also drawn within, between the pandemic of Covid-19 and this global epidemic (in terms of lives lost). It concludes by declaring road deaths as a global emergency, one that needs to be approached in the same way and with the same vigour and haste, in order to stop numbers rising.

In: European Journal of Comparative Law and Governance
Author: Katia Cejie

Abstract

The concept “rule of law” is used worldwide. However, the meaning of the concept varies, depending on several factors such as geography and history. This article provides a brief overview of how the concept is understood in the Swedish and Chinese legal contexts, by defining its different characteristics. The research confirms that the concept, which originates from the West, is used and perceived quite differently in the two countries. In fact, the use of different terminology, law-state thinking and socialist rule of law with Chinese characteristics, confirm the differences in understanding.

Open Access
In: European Journal of Comparative Law and Governance
Free access
In: Global Journal of Comparative Law
Author: Paul Nkoane

Abstract

The South African Constitutional Court is now conferred with the authority to decide matters of general public importance. Of course, the mere statement that the highest court should assume the authority to decide broad public matters does not assist litigants to fully understand which matters may be appealed to that court. Similarly, the Constitutional Court cannot accept appeals without consideration of its new appellate jurisdiction. The court should accept appeals with proper regard of its appellate jurisdiction; otherwise the extension of its jurisdiction could be rendered meaningless. The term “matters of general public importance” is rather novel in South African law; thus it is quite difficult to frame exactly what is implied by the term within the South African context. This article undertakes a comparative study to assess the term. A perusal of the jurisdiction of the United Kingdom Supreme Court may perhaps elucidate what is meant by the words “matters of general public importance”.

In: Global Journal of Comparative Law