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In late October 1939, Robert Graves wrote to Alan Hodge: “I have begun a new book, about English.” Graves and Hodge had recently completed a social history of the between-wars period called The Long Week-End. Now they embarked on this new project, “a handbook for writers of English Prose,” to be called The Reader Over Your Shoulder. The world was in total upheaval. Graves had already fled Majorca three years earlier at the start of the Spanish Civil War. As they labored over their new writing project, Graves and Hodge witnessed the fall of France and the evacuation of Allied forces at Dunkirk. In early September 1940 began the bombing of London by the German Luftwaffe, a concentrated effort to destroy the resolve of the English people. Graves’s and Hodge’s idea was simple enough: at a time when their whole world was falling apart, the survival of English prose sentences, of writing that was clear, concise, intelligible, had become paramount if hope were going to survive the onslaught. They came up with forty-one principles for writing, the majority devoted to clarity, the remainder to grace of expression. They studied the prose of a wide range of noted authors and leaders, finding much room for improvement. Quoting grammarian and bestselling author Patricia T. O’Conner from her new introduction, “With a new war to be won, the kingdom couldn’t afford careless, sloppy English. Good communication was critical.” The book they would write would turn out to be one of the most erudite, and at the same time one of the most spontaneous and inspired, ever to take on the challenge of writing well. O’Conner in her introduction describes The Reader Over Your Shoulder as nothing less than “the best book on writing ever published.” The present edition restores, for the first time in three-quarters of a century, the original, 1943, text, which in subsequent printings and editions had been shortened by over 150 pages, including much of the heart of the book.
Ministers of the Crown provides a detailed and concise description of the legal and political position of Ministers, and of their work within the contemporary British governmental system. It covers the daily work of Ministers in their departments and collectively in government; their benefits and pay; as well as how politicians prepare themselves for office and the legal and other qualifications which are required for appointment. Detailed coverage is given to Ministers as legislators, how Ministers are required to exercise their legal powers, and the position of Ministers as plaintiffs and defendants. Finally, the loss of office, and its consequences, is considered.
The gripping story of the Supreme Court’s transformation from a measured institution of law and justice into a highly politicized body dominated by a right-wing supermajority, told through the dramatic lens of its most transformative year, by the Pulitzer Prize–winning law columnist for The New York Times “A dazzling feat . . . meaty, often scintillating and sometimes scary . . . Greenhouse is a virtuoso of SCOTUS analysis.”—The Washington Post In Justice on the Brink, legendary journalist Linda Greenhouse gives us unique insight into a court under stress, providing the context and brilliant analysis readers of her work in The New York Times have come to expect. In a page-turning narrative, she recounts the twelve months when the court turned its back on its legacy and traditions, abandoning any effort to stay above and separate from politics. With remarkable clarity and deep institutional knowledge, Greenhouse shows the seeds being planted for the court’s eventual overturning of Roe v. Wade, expansion of access to guns, and unprecedented elevation of religious rights in American society. Both a chronicle and a requiem, Justice on the Brink depicts the struggle for the soul of the Supreme Court, and points to the future that awaits all of us.
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
The mediation of the balance between vigilance and restraint is a fundamental feature of judicial review of administrative action in the Anglo-Commonwealth. This balance is realised through the modulation of the depth of scrutiny when reviewing the decisions of ministers, public bodies and officials. While variability is ubiquitous, it takes different shapes and forms. Dean R. Knight explores the main shapes and forms employed in judicial review in England, Canada, Australia and New Zealand over the last fifty years. Four schemata are drawn from the case law and taken back to conceptual foundations, exposing their commonality and differences, and each approach is evaluated. This detailed methodology provides a sound basis for decisions and debates about how variability should be brought to individual cases and will be of great value to legal scholars, judges and practitioners interested in judicial review.
Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.
Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.
Landmark Cases in Public Law answers the need for an historical examination of the leading cases in this field, an examination which is largely absent from the standard textbooks and journal articles of the day. Adopting a contextualised historical approach, this collection of essays by leading specialists in the field provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis. This approach enables each author to throw light on the driving forces behind the judicial outcomes, and shows how the final reasoning of the court was ultimately as much dependent upon such human factors as the attitudes, conduct, and personalities of the parties, their witnesses, their counsel, and the judges, as the drive to seek legal realignment with the political developments that were widely perceived to be taking place. In this way, this form of analysis provides an exposition of the true stories behind these landmark cases in public law.