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"Laws concerning environmental protection have a long history in the UK, but the last thirty years have seen unprecedented development in both the substantive body of environmental legislation and in thinking about underlying principles and institutional arrangements. The materials in this book, based on some of Richard Macrory's most significant writings, demonstrate how far environmental law has come in less than a generation, focussing in particular on the major themes of regulation, institutional arrangements, and enforcement which underlie the substantive detail of the law. Whilst acknowledging the growing importance of public international law relating to the environment, the book is largely concerned with UK and EC law, though many of the core themes have much wider relevance. Chapter 1 is concerned with major issues concerning regulatory reform, while chapter 2 considers challenges to current institutional arrangements, including the need for a specialised environmental court and tribunal, and the environmental implications of the major constitutional changes that have taken place in the United Kingdom in the last decade. Chapter 3 reflects on the shifting dynamics of environmental law, new environmental standards, new technologies and the need to develop new notions of responsibility. Chapter 4 is a selection of reports of leading cases over the last decade illustrating how the higher courts have grappled with the interpretation of environmental legislation and the development of legal principle. The final two chapters focus on European dimensions, such as the key principles of EC law and its enforcement through unique, but by no means perfect, mechanisms developed under the Treaty."--Bloomsbury Publishing

During (especially the latter half of) the previous century it was impressed on several generations of law students (mainly but not exclusively) at Afrikaans speaking law faculties in South Africa, to pride themselves on their "principled" legal education.1 Akin to (and indeed associated with) the paranormal knack of "thinking/reasoning like a jurist", principled legal thinking was not really taught (or learnt), but sustained (like injuries) as a result of exposure to principled law teachers, enhanced by the ambiance of a principle-prone law faculty. In the impressionable, young minds thus shaped Begriffsjurisprudenz was principled legal thinking incarnate, and Germany the Valhalla2 for those forever true to it.

WOS: 000455112000017 ; As of July 9, 2018, Turkey abandoned the parliamentary system and has adopted a sui generis kind of presidential system of government. The said new governmental system provides the President, the Executive Organ of the Turkish State, with the authority to issue presidential decrees on matters relating to executive function, and such authority that is conferred directly by the Constitution "is neither dependent on a prior parliamentary mandate nor subject to any subsequent approval"(2). On the other hand, the principle of legality(3), an important constitutional principle relating to "the rule of law" states that the Legislative power is "original/primary", and that, as a rule, the Executive Organ possesses a secundum legem authority. As such, the prospective effects of the presidential decrees on the constitutional principle of legality will be reviewed in this study based on various discussions made by Turkish public law academics.

The purpose is a doctrinal interpretation of the concept of constitutional regulation, its content, and issues of its limits. The study covers the relationship between constitutional regulation and the broader concept of legal regulation. Conclusions are drawn regarding the uselessness of doctrinal and legislative establishment of the limits of constitutional regulation when it comes to the boundaries of the field of con- stitutional law. The conclusions and proposals obtained are of some importance for the development of a scientifically based doctrine of constitutional, legislative, and subordinate regulation, which in turn will affect the improvement of legal technology of legislation and the effectiveness of the mechanism of legal regulation of public relations.

EU enforcement agencies are on the rise, entrusted with investigating breaches of EU law. What are the implications for legal practice of their increasing prominence? This books explores this pertinent question from a comparative perspective. Looking at issues of accountability and legitimacy, it sets out the perimeters on the agencies. Moving beyond the constitutional realm, it examines procedural questions such as admissibility of evidence. Given the very real implications of the agencies' investigations, this book will appeal to practitioners and scholars, in fields from criminal law to competition and banking law

The articles provides for an overview of the several proposals which were made in the past in to alter the current procedure for amending the Belgian Constitution (procedure which is laid down in article 195 Belg. Const.). ; Peer reviewed

The American and Chinese trade wars of 2018 risk undermining not only the law of the World Trade Organization (WTO, section I). As tariffs tax and restrict domestic citizens and redistribute their income, illegal import tariffs (e.g. as imposed by US President Trump) - and the collective undermining of the WTO Appellate Body and dispute settlement system - also run counter to the democratic mandates given by parliaments when they approved the 1994 WTO Agreement and incorporated it into domestic legal systems, as illustrated by trade laws and policies in the USA (section II) and in the European Union (EU, section III). Multilevel governance of global public goods (PGs) - like the WTO trading system, which has helped to lift billions of people out of poverty by promoting unprecedented economic welfare, transnational rule of law and compulsory third-party dispute settlements - cannot remain effective if citizens and democratic institutions fail to hold their governments democratically and legally accountable for violating 'PGs treaties' (section IV). This contribution uses the example of the USA and the EU for arguing that constitutional democracies - including Asian democracies like India, Korea and Japan - must adopt more specific trade legislation protecting the WTO legal system. Multilevel governance of transnational PGs requires empowering citizens, parliaments and courts of justice to limit populist abuses of trade policy powers to tax and restrict citizens in manifestly illegal ways reducing general consumer welfare, non-discriminatory competition and rule of law.

The purpose of this article is to conduct an analysis of the dynamics between the principle of constitutional supremacy and the principle of priority application of European Union law. Starting from a question and still asking questions, this article is intended to be a preamble for debates:, what is the difference between priority and supremacy?", "does the European Union have good reasons to be concerned about certain decisions pronounced at national level?", "is there a need for a reinterpretation of the normative hierarchy?"… For some of these questions I will try to answer, but for the rest, at this moment, the answer would / could be uncertain or non-existent.

Law elucidation is the interpretation of norms contained in the body of the law. Since the Constitutional Court reviewed the elucidation, several legal issues have arisen regarding law elucidation in the Indonesian Legislation System. The first is the formal (binding force) and material (material content) legal status of the law elucidation. The second is the extent to which the Constitutional Court can review the law elucidation. This study employed normative juridical and evaluative methods; and generates several conclusions. First, the law elucidation has binding legal force. Second, there are two forms of the elucidation content: (1) interpretation in the form of norm; and (2) interpretation that is not in the form of norm. Third, the elucidation can be reviewed if it contradicts the body of the law, other the laws that regulate the same substance, or contrary to the 1945 Constitution. Fourth, the elucidation needs to be separated from the law framework. Consequently, the elucidation does not contain essential content and does not cause constitutional problems if the content is problematic. Lastly, the elucidation needs to contain the aims and objectives of each article's existence. Therefore, the law enforcers can implement the law according to the legislators' wishes.Status Hukum Penjelasan Undang-Undang dalam Sistem Peraturan Perundang-Undangan Indonesia AbstrakPenjelasan undang-undang merupakan tafsir dari norma yang terdapat pada batang tubuh undang-undang. Akan tetapi, beberapa Putusan Mahkamah Konstitusi memperlihatkan bahwa penjelasan bermuatan norma dan berkekuatan hukum mengikat. Hal tersebut menunjukan status hukum penjelasan undang-undang dalam sistem peraturan perundang-undangan Indonesia, baik dari segi formil (kekuatan mengikat) maupun materiil (materi muatan), tidaklah jelas. Persoalan status hukum tersebut berkaitan pula dengan sejauhmana Mahkamah Konstitusi dapat menguji penjelasan. Oleh sebab itu, persoalan status hukum penjelasan undang-undang dan sejauhmana Mahkamah Konstitusi dapat menguji penjelasan undang-undang perlu diteliti. Dengan menggunakan metode yuridis normatif dan evaluatif, artikel ini menghasilkan beberapa kesimpulan. Pertama, penjelasan undang-undang memiliki kekuatan hukum mengikat. Kedua, terdapat dua bentuk materi muatan dari penjelasan, yakni tafsir yang berbentuk norma dan tafsir yang tidak berbentuk norma. Ketiga, penjelasan dapat diuji, dibatalkan, atau dinyatakan konstitusional/inkonstitusional bersyarat apabila bertentangan dengan batang tubuh undang-undang yang sama, undang-undang lain yang mengatur substansi yang sama, atau bertentangan dengan konstitusi. Keempat, penjelasan perlu dipisahkan dari kerangka undang-undang agar tidak menimbulkan masalah konstitusional serta tidak perlu dibatalkan Mahkamah Konstitusi apabila isinya bermasalah dan agar penjelasan tidak memuat isi yang sifatnya esensial. Terakhir, penjelasan perlu memuat maksud dan tujuan dari keberadaan masing-masing pasal agar penegak hukum dapat melaksanakan penerapan hukum sesuai kehendak pembentuk undang-undang.Kata Kunci: penjelasan undang-undang, sistem peraturan perundang-undangan, status hukum.DOI: https://doi.org/10.22304/pjih.v8n1.a5

The term constitutionalism is increasingly discussed in the context of international trade agreements. A prominent example is Professor Petersmann's writings on the constitutional functions that trade agree- ments could serve by limiting governmental discretion to take welfare- reducing protectionist measures against the long-term interests of a nation and contrary to individual economic liberty.' The absence of such protectionist constraints and foreign trade rights in domestic con- stitutions can be mitigated (and already is mitigated somewhat) through the development of international trade rules and institutions.