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Judiciary as Constituted Power

European Court History from Medieval Canon Law to ECHR

Series:

Ulrike Juliane Maria Müßig

Throughout Europe, the exercise of justice rests on judicial independence by impartiality. In Judiciary as Constituted Power Ulrike Müßig reveals the combination of ordinary judicial competences with procedural rationality, together with the complementarity of procedural and substantive justice, as the foundation for the ‘rule of law’ in court constitution, far earlier than the advent of liberal constitutionalism. The ECHR fair trial guarantee reads as the historically-grown consensus of the functional judicial independence. Both before historical and contemporary courts, justice is done and seen to be done by means of judgements, whose legal requirements combine the equation of ‘fair’ and ‘legal’ with that of ‘legal’ and ‘rational.’ This legal determinability of the judge’s fair attitude amounts to the specific (rational) European idea of justice.
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Tanya K Hernandez

This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.

Other titles published in this series:
- Comparative Discrimination Law: Historical and Theoretical Frameworks, Laura Carlson; isbn 9789004345447
- International Human Rights Law and Discrimination Protections; A Comparison of Regional and National Responses, Mpoki Mwakagali; isbn 9789004345461
- Comparative Discrimination Law; Age as a Protected Ground, Lucy Vickers; isbn 9789004345539
- Sexual Orientation and Gender Identity Discrimination, Holning Lau; isbn 9789004345485
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Sergey Yu. Marochkin

This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements.
Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.
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Corporal Punishment of Children

Comparative Legal and Social Developments towards Prohibition and Beyond

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Edited by Bernadette Saunders, Pernilla Leviner and Bronwyn Naylor

Corporal Punishment of Children - Comparative Legal and Social Developments towards Prohibition and Beyond provides insights into the views and experiences of prominent academics, and political, religious, and human rights activists from Australia, Canada, Germany, Ireland, Israel, New Zealand, Norway, South Africa, Sweden, the UK, and the US. Country-specific and thematic insights in relation to children’s ongoing experience of corporal punishment are detailed and discussed, and key questions are raised and considered with a view to advancing progress towards societies in which children’s human rights to dignity and optimal development are more fully recognised.
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Series:

Linzhu Wang

In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
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Series:

Aistė Mickonytė

In this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.
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Edited by Matthias Vanhullebusch, Weidong Ji and Jiaxiang Hu

The fast changing demographic, economic, legal, political and social developments in Asia have triggered a variety of research agendas that warrant a comparative interpretation of such phenomena. Brill’s Asian Law Series offers a unique platform for Western and Asian legal scholars and practitioners to exchange their perspectives on interdisciplinary questions that affect national societies, regional developments and international relations. Brill’s Asian Law Series pursues to be a qualitative and authoritative source of knowledge with regional focus that envisions a long-term relationship and dialogue between Western and Eastern institutes and cultures. Brill’s Asian Law Series enables a broad readership to compare and better understand the legal complexities faced in specific jurisdictions, legal systems, branches of law and contexts across Asia.

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Edited by C.H. (Remco) van Rhee, Lei Chen and Jacques deLisle

The Chinese and Comparative Law Series is a refereed scholarly series dedicated to the publication of studies of Chinese law in English, including works solely on Chinese law or Chinese law in a comparative legal context. The series also welcomes edited volumes. It aims for critical analyses of Chinese law in a broad sense and the presentation of legal developments in China to an international audience of lawyers and non-lawyers. It welcomes studies in all areas of law and studies of an interdisciplinary nature. Titles in the Chinese and Comparative Law series will be of particular interest to the international community of academics and practising lawyers, policy makers, national and international governmental and non-governmental organisations, and others interested in the study of comparative law.

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Edited by M. Cherif Bassiouni

Published under the Transnational Publishers imprint.