Bücher der Reihe ASCL Studies in Comparative Law

Many countries rely on ordinary citizens to decide criminal cases. This book provides an in-depth analysis of the different forms of lay participation, including juries, mixed courts, lay courts, and lay magistrates. The readers will learn how lay participation is being embraced, rejected, or reformed in countries around the world.

Comparing Law will appeal to all involved in comparative legal research, theorists and practitioners, both seasoned or beginners. This book provides an intellectually and linguistically accessible analytic framework for comparative law, one that serves to both redeem the existing scholarship and offer guidance for future work.

Excessive national security secrecy has been a vexing problem in both of the post-9/11 US administrations, undermining democracy and the rule of law. Using a comparative and critical analysis, Sudha Setty considers constitutional priorities and potential avenues for reform in National Security Secrecy.

Comparing Law will appeal to all involved in comparative legal research, theorists and practitioners, both seasoned or beginners. This book provides an intellectually and linguistically accessible analytic framework for comparative law, one that serves to both redeem the existing scholarship and offer guidance for future work.

This book provides a comparative look at the role of three generations of European Constitutional Courts in the processes of transition to democracy, showing how they contributed to the positive outcome of democratization. It will appeal to scholars and practitioners interested in the waves of democratization in twentieth century Europe.

The divergence between French and American law in the protection of freedom of expression can be traced back to the two revolutionary traditions. This study explores the balancing between freedom of expression and other values in reference to the role of the government and the understanding of liberty.

Engaging critically with comparative law scholar Patrick Glenn's intellectual legacy, this volume examines his vision of law as tradition and of a 'cosmopolitan state.' An international group of leading scholars takes stock of the field of comparative law and where it is headed.

This book brings together research on democratization processes and constitutional justice by examining the role of three generations of European constitutional courts in the transitions to democracy that took place in Europe in the twentieth century. Using a comparative perspective, the author examines how the constitutional courts during that period managed to ensure an initial full implementation of the constitutional provisions, thus contributing - together with other actors and factors - to the positive outcome of the democratization processes. European Constitutional Courts and Transitions to Democracy provides a better understanding of the relationship between transitions to democracy and constitutionalism from the perspective of constitutional courts.

The common ground between religions could be fruitfully promoted in order to call for an effective protection of the climate system. Positioned at a junction of different worlds, this book is a multidisciplinary work on Islamic law, common law and environmental law. Looking at the past, present and future, the author suggests a paradigm shift starting from the common ground in order to propose a better future for environmental law in Muslim countries. As the first book to compare Shari'a and common law in field of environmental protection, it suggests a new path in comparative environmental law by recognizing the contributions of both history and spirituality.

Applying a novel theoretical approach, Tamar Groswald Ozery combines law and political economy to deconstruct the role of law in China's market development since 1978. The book examines how economic and administrative powers within China's Party-state system have been legally and politically configured throughout China's growth process. Using a vast range of primary sources, Ozery illuminates how the law acts as a mediating institution that translates and gives shape to the relations between politics and economics. Using the evolution of public firms and corporate governance as a case study, the book illustrates the complex relationships between law, politics, and economic development, and sheds new light on the possible varieties of growth-supporting governance institutions in firms. By studying China's distinct market experience through the lens of law and political economy, the book offers a significant contribution to development studies, comparative corporate governance, and interdisciplinary discussions about China as a growth model.