bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Powers of Local Government
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter discusses the position of councils with regards to the courts. It explores the significance of the distinctive legal form which local authorities take and the implications of the ultra vires rule, together with proposals for its reform. It argues that corporations are inappropriate vehicles for representing democratic interests. Research published by the Department of the Environment, Transport, and the Regions (DETR) found that the proposed new duty was seen by councils as a positive power which expressed the confidence of the central government in them and signified a change of mood in central–local relations. The White Paper's proposal of an ‘overarching duty’ suggested a provision of quasi-constitutional significance, defining the mission of local government.
Information, Public Participation, and Accountability
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter deals with the matter which is necessarily underlying local representative democracy: the provision of information to the electorate. Freedom of information is an important aspect but it is only a part. The discussion considers public rights of information in local government business and the legal regime for consultation and participation of the public in decision-making, including the use of novel devices such as local referendums, citizens' juries, and focus groups. It also notes that communication is a two-way process, if only because local politicians hope to be re-elected. It also discusses broader controls on freedom of expression, especially those which prohibit the use of council resources in political advertising. It notes that in an environment where councils attempt to establish credibility and democratic legitimacy by being open and responsive to the public, the significance of legal controls can flourish.
Financial Accountability
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter deals with financial accountability. It includes a look at the treatment of the local contribution to local government finance; rates, community charge, and council tax; the interaction of financial and democratic accountability; the common law trustee concept; and statutory accountability processes. It first considers the accountability issues raised by local taxation and central government grant funding of local government. It then deals with the place of audit as an accountability mechanism, the role of the Audit Commission, and with the judicially created fiduciary duty owed by a council to its taxpayers. The discussion of fiduciary duty underlines a persistent theme of this chapter: the tension between considerations of financial accountability and representative democracy.
Party Groups, Councillors, and the Law
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter considers the position of the party group, with regards to the council as a whole; individual councillors, focusing on the issue of group discipline; and relationships between groups, especially in ‘hung’ councils. It looks at the legal position of the party political group and its place within the ‘internal’ politics of local government. The Widdicombe Committee recognized the reality that politics can never be fully open to public view and partisan scrutiny, and that politicians at whatever level will inevitably try to formulate policies in less public places.
Officers and Politics
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter discusses the non-political role of officers. After an examination of the legal position regarding officer neutrality, it pays attention to the question of how officers may act as a safeguard against political and other abuse through ‘whistle-blowing’. From the view of officers as neutral, professional servants of the council, the discussion turns to the points which have caused tension due to the increasing politicization of the government: relations with councillors, the appointment of officers, political restrictions on officers' activities, and the use of political advisers. The chapter lastly looks at questions of reform.
Conclusion: The New Local Government
Authors: Leigh Ian 
Published: April 2012

Abstract
This chapter reviews three strands of the government's democratic renewal programme: the ‘best value’ regime to replace compulsory competitive tendering; the reform of executive structures, including the introduction of cabinets and directly elected mayors; and new powers for councils to become community leaders, working in partnership with other public, private, and voluntary bodies, both under a new power to promote community well-being and under the ‘Beacon’ council scheme. It examines the tensions between these initiatives and the extent to which they amount to a coherent vision for local democracy within the changing UK constitution.
Studies in International Space Law
Authors: Cheng Bin 
Published: April 2012

Abstract
This book consists of a collection of studies in international space law. Those that have been previously published are revised and updated. Publication coincides with the thirtieth anniversary of the first ever multilateral treaty on outer space, which established an agreed international legal framework for the exploration and use of outer space. The book’s twenty-six chapters examine the major developments and issues of the law governing human activities in space — those of states as well as those of private entities — ranging from television broadcasts, the regulation of space junk, and the governance of State activities on the moon to the legal status of astronauts, the nationality of spacecraft, and arms control. Chapters also examine the effect and influence of UN Treaties in this area. In this examination of this branch of the law, the book has drawn lessons for the future development of international law in general.
The 1968 Astronauts Agreement
Authors: Cheng Bin 
Published: April 2012

Abstract
This chapter details the events leading up to the ratification of the 1968 Astronauts Agreement. The Agreement may be said to provide a classic object lesson in how not to make a treaty. First, the haste in which the final text was prepared and rushed through the United Nations resulted in a very poorly conceived and drafted instrument, achieving virtually nothing and yet creating at the same time a host of unresolved problems and difficulties. Secondly, in an agreement the effectiveness of which depends on its wide acceptance, the benefits are so one-sidedly in favour of the space powers (be they major, near-, or co-operative) that it is difficult to see why the non-space powers, which at least for the present represent the majority of States, even though they may be perfectly willing, on humanitarian grounds, to discharge the duties laid down in the Agreement, should legally divest themselves of all discretion as to how they are to be performed. Finally, the major space powers, by pushing this Agreement through ahead of the liability agreement in which all States are interested, and the non-space powers in particular, have only succeeded in convincing the latter that the surest way of ensuring that there will be a liability agreement and that its terms will be satisfactory, is not to ratify or accede to the Astronauts Agreement.
The Moon Treaty: Agreement Governing the Activities of States on the Moon and other Celestial Bodies within the Solar System other than the Earth
Authors: Cheng Bin 
Published: April 2012

Abstract
This chapter details the events leading up to the ratification of the 1979 Moon Treaty. The Agreement is perhaps one of the most poorly drafted among the five treaties that have emanated from the United Nations Outer Space Committee, outdoing even the 1968 Astronauts Agreement. First, the extraordinary extension which the treaty has given to the word moon is likely to give rise to a great deal of confusion. Secondly, the various provisions appear to have been assembled together in no particular order. In 1974, the United States did suggest a rearrangement of the articles in order to bring about greater ‘clarity and coherence’, but the proposal fell on deaf ears. However, the Moon Treaty has the high distinction of being the first instrument officially to declare a part of the world to be in law the common heritage of mankind, thus beating at the post by a nose the 1982 UN Convention on the Law of the Sea, which accords the same status to the deep ocean bed and subsoil.
The Legal Status of Astronauts*1
Authors: Cheng Bin 
Published: April 2012

Abstract
This chapter discusses the legal status of astronauts. Astronauts of whatever nationality are subject to the full jurisdiction (jurisfaction as well as jurisaction) of the territorial State, while they are within its territory, including its airspace, whether or not actually on board their spacecraft. In addition, they are subject to the quasi-territorial jurisdiction to prescribe (jurisfaction) of the State of registry (or launching State) of the space vehicle they are in, as well as the personal jurisfaction of their respective national States. As soon as a space vehicle leaves the airspace of the territorial State and reaches outer space, the astronauts on board come under the full jurisdiction of the State of registry, while remaining under the personal jurisfaction of their national States.
Choice of Law
Authors: ALDRICH GEORGE H. 
Published: April 2012

Abstract
Article 5 of the Claims Settlement Declaration provided the Iran–United States Claims Tribunal with broad discretion in its choices of applicable law. Consequently, it is impossible to define any coherent set of choice of law rules followed by the Tribunal, but there are a few general conclusions that appear to flow from the Tribunal’s practice. Firstly, it is clear that the Tribunal relished the freedom given it by Article 5. Secondly, many of the largest claims before the Tribunal were claims for compensation for properties expropriated by Iran. Thirdly, the references in Article 5 of the Claims Settlement Declaration were used frequently by the Tribunal to justify resort to ‘general principles of law’. Fourthly, whenever the Tribunal could find relevant rules of public international law, it tended to turn to them. Finally, the Tribunal consistently refused to consider itself bound by any national rules of evidence.
Unjust Enrichment
Authors: ALDRICH GEORGE H. 
Published: April 2012

Abstract
The first Award that decided a claim of unjust enrichment was Benjamin R. Isaiah v. Bank Mellat. In that case, the claimant established that he was the beneficial owner of funds used to purchase a bank check drawn in January 1979 by the respondent bank’s predecessor, which check was subsequently dishonored for insufficient funds. As the check was payable to one of the claimant’s associates, who was an Israeli, the Iran–United States Claims Tribunal had no jurisdiction over a claim based on the check, as such a claim would not satisfy the requirement of the Claims Settlement Declaration that a claim must be owned continuously by nationals of the same State from the date it arose until the date the Declaration entered into force. The concept of unjust enrichment had its origins in Roman law, where it emerged as an equitable device ‘to cover those cases in which a general action for damages was not available’.
The Rules of Conduct
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This chapter demonstrates the usefulness of a functional analysis. It starts by presenting the obscuring rules of conduct with an overlay of liability and grading rules. Instead of clarifying and reinforcing the rules of acceptable conduct in people's minds, the current verdict system often undercuts and confuses an understanding of the rules. The rules of conduct are obscured not only by the overlay of liability and grading doctrines, but also by mixing functions in the formulation of a single doctrinal provision. The claim presented here is not that the Model Penal Code drafters are insensitive to factors that are significant to the definition of criminal risk-creation or to the definition of culpable risk-taking. That is, there seems nothing better that one can do in giving guidance on these issues than to give general formulae. The claim here is that, by failing to see that the issues of risk-creation and risk-taking are distinct, the general formula that the Code gives is less likely to be effective in performing either task.
The Doctrines of Liability
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This chapter discusses the doctrines of liability that contribute to the liability function. It also reports an example of each of the functional analysis that suggests some less obvious failures, failures both in setting culpability requirements and in formulating excuse defences. The Model Penal Code replaces the common law ‘offence analysis’ notion that each offence has a single culpability requirement with ‘element analysis’. It is noted that, where an actor seeks excuse on a claim that he lacked adequate ability to control his conduct, the jury should inquire into the actual extent of the impairment to determine whether it is enough to render him blameless for his violation.
The Doctrines of Grading
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This chapter demonstrates some of current doctrine's failures properly to grade violations, failures that a functional analysis reveals. One kind of failure comes through the misformulation of a doctrine through a failure to see its grading function. The incomplete and unsystematic use of central grading factors is reported as well. It is also noted that the issue of grading according to degree of assistance to a perpetrator goes beyond the grading issue in causation in an important way. Causation is a grading issue from start to finish. Moreover, the arguments against judicial sentencing as a substitute for grading are shown. Under-utilization of grading factors is more evident where the doctrine fails to take account in grading of significant differences in such things as the extent of resulting harm and differences in culpability level.
Drafting a Code of Adjudication
Authors: Robinson Paul H. 
Published: April 2012

Abstract
This chapter describes drafting a code of adjudication. How can one best draft a code that clearly articulates the subtle distinctions in the complex adjudication decision concerning how much liability ought to be imposed, if any? Five drafting principles are explained. A code of adjudication is most helpful if it includes all rules relevant to the liability decision, and as many rules relevant to the grading decision as feasible. In addition, it explores the drafting advantages of using general principles when possible, rather than introducing a distinct rule for each factual context. An example is the use of a general principle of adjustment for culpability level rather than the practice of modern codes of defining special culpability requirements for each offence. One final proposal covers the problem of ambiguous jury acquittals and their destructive effect on criminal justice.
French Constitutional Law
Authors: Bell John 
Published: April 2012

Abstract
This book provides a presentation of judicial review of legislation in contemporary France. Created by the Constitution of the Fifth Republic in 1958, the Conseil constitutionnel has had an increasingly important place in French legal and political life, especially since 1981. Part One of the book is an introduction to the Conseil and to the principles it has developed on the allocation of law-making powers between Parliament and the Government, parliamentary procedure, fundamental freedoms, and equality. Part Two is a collection of key materials translated into English, including constitutional texts and leading decisions of the Conseil constitutionnel.
Constitutional Review within the Fifth Republic
Authors: Bell John 
Published: April 2012

Abstract
This chapter provides an outline of the history and basic features of the 1958 Constitution, in particular the place of constitutional review. It specifically attempts to emphasize the place of the Conseil constitutionnel in the arrangements of the Fifth Republic's Constitution and in the State tradition of France. The principal novel features of the Fifth Republic Constitution are institutional in nature: presidentialism, rationalized parliamentarianism, and the Conseil constitutionnel. The scope and procedure of the constitutional review now operated by the Conseil constitutionnel is very much like that of a constitutional court, but with substantial differences from the kinds of court that exist in the United States and Germany. Within the balance of political institutions, the development of constitutional review places obvious limits on the sovereignty of Parliament, already reduced by the ‘rationalized parliamentarianism’ of the Fifth Republic.
Fundamental Freedoms
Authors: Bell John 
Published: April 2012

Abstract
This chapter addresses the extent to which fundamental freedoms are now protected through the Conseil constitutionnel. Following classical expositions of French civil liberties, the decisions of the Conseil are grouped under the headings of (1) freedom of the person, (2) freedom of association, (3) freedom of education, (4) freedom in employment, (5) freedom of communication and information, (6) freedom of property, and (7) freedom of enterprise and commerce. This covers the main issues that have been considered by the Conseil constitutionnel. In particular, this chapter discusses these decisions of the Conseil.
The Principle of Equality
Authors: Bell John 
Published: April 2012

Abstract
This chapter describes the doctrine of equality, and how far it is a general principle of the Constitution. It specifically argues that the Conseil constitutionnel's notion of equality is quite limited. Rather than a value of general application, equality is mainly concerned with non-discrimination in relation to specific constitutional values. The concern of the Conseil in this chapter appears predominantly to be to ensure a rational relationship between the provisions of a loi and the constitutional or legislative objectives that they are intended to achieve. The meaning of equality will be assessed by dealing first with the specific areas designated by the constitutional texts on which the Conseil has been required to pronounce, and then by considering the wider application of equality before the law. The equality in French constitutional law is explained as well. The study of equality demonstrates the way in which the Conseil constitutionnel has been elaborating the Constitution. It has taken specific values from the constitutional texts, and required the legislator to respect them.
Conclusion
Authors: Bell John 
Published: April 2012

Abstract
The Conseil constitutionnel has preceded a new dimension to both law and politics in France. It has a significant role in setting the framework for what both law and politics can achieve, and its operation appears to attract widespread public support. Three criticisms are typically made of constitutional review: (1) that it results in government by judges; (2) that it politicizes the judiciary; and (3) that it leads to legalistic politics. In addition, it may be asked whether the Conseil has operated beneficially in (1) defining the roles of Government and Parliament; and (2) in definding fundamental rights. Finally, it might be asked whether there has really been much of a revolution, and whether there are lessons from the French experience for other jurisdictions. The constitutional review in France enforces constitutional rules of parliamentary procedure. The Conseil also has a crucial function in protecting fundamental rights.
Constitutional Materials and Decisions of the Conseil Constitutionnel
Authors: Bell John 
Published: April 2012

Abstract
This chapter reports the constitutional materials and decisions of the Conseil constitutionnel. It describes the sources of the Constitution, namely law and convention, fundamental principles recognized by the laws of the republic, the hierarchy between the declaration of the rights of man and of the citizen of 1789, and the preamble to the 1946 Constitution, as well as the Republican tradition and decisions of the Conseil constitutionnel. In addition, the division between loi and règlement prior to the Fifth Republic, and interpretations given to the 1958 Constitution are explained, and a discussion on Parliamentary procedure and decisions on fundamental freedoms and equality is provided.
Theodosius I: Flavianus and the Later Years (388–395)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses the legislation of Theodosius I. There were three quaestors during the later part of his reign, the first of whom is considered to be the most striking of the three holders. There are thirty-eight laws that survive between October 388 and June 390, allowing a glimpse of the forceful personality of a reactionary statesman whom even his enemies admired.
Arcadius (394–408) and Eutropius’ Quaestor
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses the quaestors during the reign of Arcadius, the son of Theodosius I. From the style of the laws that were enacted during his reign, it can be distinguished that six quaestors existed, although none of them are known by name. The laws that were composed in 396–9 mark both a revival of legal culture and a public acknowledgement of its importance.
Theodosius II: Towards the Code (408–437)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses Theodosius II's legislation up to March 16, 437, the date of the last law included in the Theodosian Code, and the quaestors who were responsible for drafting it. Theodosius II was the son of Arcadius, and he was only seven years old when the executive power was thrust on him. In this chapter, only ten of the 14 quaestors during the reign of Theodosius II are discussed, as well as the respective laws that they had drafted.
Understanding the Theodosian Code
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses the Theodosian Code. Along with this discussion, the chapter also presents certain aspects of the Code that bear on how it should be understood and interpreted. These include the aims and designs of the Code, the laws the commissioners collected and from which sources these laws were gathered, the initiative for law-making and the inputs into these laws, and how these were edited by the compilers of the Code.
Theodosius II: Beyond the Code (438–450)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses several laws that were enacted after the Theodosian Code was formed. The first part of the chapter is devoted to a description of some general features of these post-Code laws and the assignment of these laws to their respective quaestors. Four quaestors can be discerned from this period: Martyrius, Epigenes, Procopius, and an unnamed fourth quaestor. The laws of this post-Code period were influenced by the ideology of the Code, a labour of which its authors were justly proud of.
Valentinian II and Maximus (383–392)
Authors: Honoré Tony 
Published: April 2012

AbstractThis chapter discusses the laws that were enacted by Valentinian II in the West between 383–7 and 389–92. These laws are considered to be from the Theodosian age in this chapter. The discussion begins with an account of the laws that were enacted in the period of the Theodosian dynasty in the West from 383. Only eight or nine of the laws that were enacted by Valentinian II survive to this day.