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The Foundations and Future of Public Law

The Foundations and Future of Public Law
Author: Elizabeth Fisher
Publisher: Oxford University Press, USA
Total Pages: 481
Release: 2020-03-26
Genre: Law
ISBN: 0198845243

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Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.


UK Public Law and European Law

UK Public Law and European Law
Author: Gordon Anthony
Publisher: Bloomsbury Publishing
Total Pages: 226
Release: 2002-05-11
Genre: Law
ISBN: 1847311954

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Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.


European Public Law

European Public Law
Author: Patrick Birkinshaw
Publisher: Cambridge University Press
Total Pages: 700
Release: 2003-02
Genre: Law
ISBN: 9780406942883

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European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.


European Public Law

European Public Law
Author: Patrick J. Birkinshaw
Publisher: Kluwer Law International B.V.
Total Pages: 616
Release: 2020-01-23
Genre: Law
ISBN: 9041198016

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The sphere of public law is ill-defined and controversial. Taking the broad view that it comprises aspects of (for instance) constitutional principles, good and humane administration, judicial review based on the rule of law, human rights, liability for wrongdoing, public procurement, provision of public services, transparency, social media and protection of privacy – areas that link legal control to broad governmental purposes – the third edition of this established and much-praised work expands its examination of the emergence of European public law from European Union (EU) law (and its European Community and European Economic Community antecedents), the European Convention on Human Rights and the interface of these systems with Member State systems, to include the currently all-important challenge of Brexit. The book explains in detail what European public law is and the context in which laws interact in European societies. Masterfully summarising the debate surrounding the influence of EU and European Convention law on Member State law – particularly that of the United Kingdom (UK) – in a thematic and analytical manner, the author covers the following topics and much more as they persist in the shadow of Brexit: constitutional law and administrative law in the EU and France, Germany and the UK; subsidiarity in the EU and UK devolution; openness, transparency and access to information; national parliaments and scrutiny of EU law; influence of EU law on UK judicial review; access to justice in the light of austerity and government cuts in public expenditure; the future of the UK Human Rights Act; European influence on the law of liability; EU ombudsmen and internal grievance procedures; future relationship between EU and UK domestic law; citizenship and protection of human rights; competition, regulation, public service and the market; the impact of Brexit, the legal consequences of UK withdrawal legislation and European Public Law, the EU-UK written agreements on separation and the political statement’s prospects for a post-Brexit trade deal. Detailed analyses of major cases and legal provisions are featured throughout the book. Given that the effects of Brexit will take decades to unfold, and not only in the UK, this new edition of a classic text will prove to be an invaluable guide to the ever-developing European context of domestic public law. The indelible marks of European integration must be fully understood if we are to understand public law and its future direction. The book will be of enormous assistance to political theorists and scientists and commentators and of immeasurable practical and academic importance in monitoring the future of Europe and its legal relationship with the UK. Academics and students will be rewarded by the detailed analysis of the context in which national laws and European laws interact. Practitioners in the UK, Europe and globally will gain invaluable insight into the laws they use to resolve practical questions of legal interpretation.


UK Public Law and European Law

UK Public Law and European Law
Author: Gordon Anthony (LLB.)
Publisher:
Total Pages: 198
Release: 2002
Genre: Law
ISBN: 9781472559210

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English Public Law

English Public Law
Author: David Feldman
Publisher: Oxford University Press, USA
Total Pages: 1439
Release: 2009
Genre: Language Arts & Disciplines
ISBN: 0199227934

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First published in 2004, English Public Law has become the key point of reference on English public law for lawyers in the UK and throughout the world. Now in its second edition, the book acts as an accessible first point of reference for practitioners approaching a public law issue for the first time, while simultaneously providing a lucid, concise and authoritative overview of all the key areas of public law (constitutional, administrative, human rights, and criminal law) within one single portable volume. The second edition has been completely updated to take account of all key legislative and procedural changes since 2004, including: BLThe Constitutional Reform Act 2005 BLrecent higher courts decisions concerning public law and human rights BLthe Criminal Procedure Rules 2005 Written and edited by a team of acknowledged experts on English law, the book offers proven reliability and as part of the Oxford Principles of English Law Series, is the companion volume to the second edition of English Private Law edited by Professor Andrew Burrows FBA. The book is an ideal quick reference for practitioners to fall back on when a client raises a point outside their normal area of expertise as well as for academics, overseas libraries, and practitioners overseas who want a one stop resource on English public law. A supplement published between editions, will ensure that the book is kept up to date.


New Directions in European Public Law

New Directions in European Public Law
Author: Jack Beatson
Publisher: Bloomsbury Publishing
Total Pages: 214
Release: 1998-01-01
Genre: Law
ISBN: 1847313337

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This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997. It presents an analysis of a cluster of issues arising in the EU public law arena but naturally falls into two interrelated but distinct parts. The first part deals with issues of liability in public law and the availability of remedies in EC and domestic law. The second part deals with EU public law on a broader canvas,by examining the phenomenon of cross-fertilization among national legal systems in Europe and between national systems and EU law. The book also examines the judgment of the Divisional Court of 31 July 1997 in R v. Secretary of State for Transport ex parte Factortame Ltd and the post-Francovich judgments in Palmisani, Maso and Bonifaci delivered by the Court of Justice on 10 July 1997. Contributors: John Allison, Jack Beatson, John Bell, Paul Craig, Piet Eeckhout, Ivan Hare, Mark Hoskins, Peter Oliver, Eivind Smith, Luisa Torchia, Takis Tridimas, Walter van Gerven.


Public Law: Text, Cases, and Materials 2e

Public Law: Text, Cases, and Materials 2e
Author: Andrew Le Sueur
Publisher: Oxford University Press, USA
Total Pages: 928
Release: 2013-03-21
Genre: Law
ISBN: 0199644187

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This dynamic text, cases, & materials book provides a thought-provoking guide to the public law of the UK. It sets out key institutions, legal principles, and conventions and its clear commentary draws on case studies and extracts from a range of sources to provide a full understanding of the law and the major theoretical and political debates.


Constitutional and Administrative Law

Constitutional and Administrative Law
Author: Jamie Grace
Publisher: Routledge
Total Pages: 317
Release: 2015-10-23
Genre: Law
ISBN: 1317646827

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Key Facts Key Cases Constitutional & Administrative Law will ensure you grasp the main concepts of your Constitutional & Administrative Law module with ease. This book explains the facts and associated case law for: - The European Court of Human Rights and the UK Supreme Court - Devolution - Human rights law - EU membership - International law in the UK Constitution Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition


UK, EU and Global Administrative Law

UK, EU and Global Administrative Law
Author: Paul Craig
Publisher: Cambridge University Press
Total Pages: 845
Release: 2015-10-29
Genre: Law
ISBN: 1316445402

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Paul Craig's analysis of UK, EU and global administrative law examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important. The legal and practical reality is that developments at one level can have an impact on the other two. Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level.