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September 23, 2005

New from Oxford University Press

Freedom of Speech
Eric Barendt

Price: £75.00 (Hardback)
0-19-924451-0
Publication date: 11 August 2005
564 pages, 234mm x 156mm

Publisher's Description: This is a fully revised and updated new edition of the classic work first published in 1985. There have been many important developments since the first edition including the impact of the European Human Rights Convention. Social and cultural changes mean that free speech claims are being made in novel contexts. Barendt considers the meaning and scope of freedom of speech and examines the varied approaches of different legal systems and constitutional traditions to balancing free speech and freedom of the press against rights to reputation and privacy, and to copyright

Rhetoric and the Rule of Law
Neil MacCormick

Price: £40.00 (Hardback)
0-19-826878-5
Publication date: 28 July 2005
304 pages, 234mm x 156mm

Publisher's Description: This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers' arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

The Constitutionalization of the World Trade Organization
Deborah Cass

Price: £20.00 (Paperback)
0-19-928584-5
Publication date: 28 July 2005
293 pages, 1 table, 233mm x 156mm

Publisher's Description: What is the World Trade Organization? Has it become a type of a 'constitution'? Will it curb international trade discrimination and open up markets for developing countries, or will it prevent States from choosing the economic systems they want? This book untangles debates about constitutionalization and argues that the WTO is not, and should not, be described as a constitution by the standards of any conventional definition, or by the lights of any constitution to which we ought to aspire.

International Organizations and their Exercise of Sovereign Powers
Dan Sarooshi

Price: £50.00 (Hardback)
0-19-928325-7
Publication date: 14 July 2005
176 pages, 234mm x 156mm

Publisher's Description: This book provides a conceptual and legal analysis of one of the most important challenges facing international organizations today: their exercise of sovereign powers. The book examines the exercise of sovereign powers by organizations such as the United Nations, the World Trade Organization, and the European Union. It makes a significant contribution to the content of the law that governs both the exercise of sovereign powers by international organizations and the relationships between organizations and their Member States. The book also tackles the fundamental question of what values should constrain international organizations in their exercise of sovereign powers.

International Organizations as Law-makers
José E. Alvarez

Price: £75.00 (Hardback)
0-19-876562-2
Publication date: 23 June 2005

Publisher's Description: This book addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. Alvarez argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II, and especially from changes after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day to day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers.

Mann on the Legal Aspect of Money, Sixth Edition
Charles Proctor

Price: £195.00 (Hardback)
0-19-826055-5
Publication date: 7 April 2005

Publisher's Description: The long-awaited sixth edition of Mann on the Legal Aspect of Money takes account of a number of significant developments since the last edition was published in 1992. Without question, the completion of monetary union in Europe is the key achievement of the intervening years. An entirely new section of the book deals with this subject in detail; apart from private law aspects, the contentious issue of eurozone monetary sovereignty is considered and the text also discusses the possible consequences of the breakdown of the single currency area.

The Law of Freedom of Information
John Macdonald QC and Clive H. Jones

Price: £145.00 (Hardback)
0-19-924994-6
Publication date: 20 March 2003
1166 pages, 246mm x 171mm

Publisher's Description: Written by an expert team of public lawyers from New Square Chambers, The Law of Freedom of Information offers a comprehensive analysis of the Act, with detailed coverage of the related subjects of confidentiality, privacy, data protection, official secrets, the internet and whistle blowing. The book contains practical examples of how the Act works, drawn from cases and practice in other jurisdictions where freedom of information has long been a reality, eg United States, Ireland, Canada and Australia. The book has a refreshingly practical approach and includes a guide to best practice which is essential reading for all local government lawyers. It is kept up to date with regular paperback updating supplements.

Now in Paperback

The Ultimate Rule of Law
David M. Beatty

Price: £22.50 (Paperback)
0-19-928801-1
Publication date: 21 July 2005
216 pages, 234mm x 156mm

Publisher's Description: The Ultimate Rule of Law addresses the age-old tension between law and politics by examining whether the personal beliefs of judges come into play in adjudicating on issues of religious freedom, sex discrimination, and social and economic rights. Decisions by the Supreme Courts of India, Japan, Canada, the United States, Ireland, Israel, the Constitutional Courts of Germany, Hungary, South Africa, and the European Court of Human Rights on such controversial issues as government funding of religious schools, abortion, same sex marriages, women in the military, and rights to basic shelter and life saving medical treatment are evaluated and compared.

Beatty develops a radical alternative to the conventional view that in deciding these cases judges engage in an essentially interpretative, and thus subjective act, relying ultimately on their personal beliefs and political opinions. His analysis shows that it is possible to apply an impartial and objective method of judicial review, based on the principle of proportionality, which acts as an ultimate rule of law and is fully compatible with the ideals of democracy and popular sovereignty.

Controversially, Beatty concludes that although this method of judicial review originated in the United States, American judges generally appear to be far less inclined to this conception of constitutional adjudication than their counterparts in Europe, Africa, and Asia.

The International Covenant on Civil and Political Rights
Sarah Joseph, Jenny Schultz, and Melissa Castan

Price: £40.00 (Paperback)
0-19-928541-1
Publication date: 28 July 2005
1,048 pages, 234mm x 156mm

Publisher's Description: The International Covenant on Civil and Political Rights (ICCPR) is the most important human rights treaty in the world. Now fully updated and in its second edition, this book provides a comprehensive collation and analysis of the jurisprudence of the Human Rights Committee, the monitoring body established under the ICCPR. Presented in a clear and illuminating manner, this book will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

September 23, 2005 in New Publications | Permalink

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