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Convergence and Divergence in European Public Law

Editor(s): Paul Beaumont, Carole Lyons, Neil Walker
Media of Convergence and Divergence in European Public Law
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Published: 07-06-2002
Format: PDF eBook (?)
Edition: 1st
Extent: 288
ISBN: 9781847310149
Imprint: Hart Publishing
RRP: £72.00
Online price : £57.60
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Loren Epson

About Convergence and Divergence in European Public Law

This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

Table Of Contents

PART I: THE TERRITORIAL DIMENSION

1. Europe's Changing Political Landscape: Territorial Restructuring and New Forms of Government
Michael Keating

2. Member States and Regions in Community Law: Convergence and Divergence
Joanne Scott

PART II: THE CONSTITUTIONAL DIMENSION

3. The Closest Thing to a Constitutional Conversation in Europe: The Semi-Permanent Treaty Revision Process
Bruno de Witte

4. The Constitutional Structure of the European Union: Some Reflections on Vertical Unity-in-Diversity
Deirdre Curtin and Ige Dekker

5. Perspectives on Convergence within the Theatre of European Integration
Carole Lyons

PART III: THE ADMINISTRATIVE LAW DIMENSION

6. Convergence and Divergence in Administrative Law
Chris Himsworth

7. Towards Homogeneity in the Field of Legal Remedies: Convergence and Divergence
Ton Heukels and Jamila Tib

PART IV: THE HUMAN RIGHTS DIMENSION

8. Convergence and Divergence in European Public Law: The Case of Human Rights
Graínne de Búrca

9. Human Rights: Some Recent Developments and their Impact on Convergence and Divergence of Law in Europe
Paul Beaumont

10. The European Union and Fundamental Rights: Well in Spirit but Considerably Rumpled in Body?
Niamh Nic Shuibhne

PART V: THE PUBLIC/PRIVATE DIMENSION

11. Voices of Difference in a Plural Community
Carol Harlow

12. Public Law, Europeanisation and Convergence: Can Comparatists Contribute?
Pierre Legrand

13. Culture, Democracy and the Convergence of Public Law: Some Scepticisms about Scepticism
Neil Walker

Reviews

“…this is a timely, interesting and well-organised collection of essays which on the whole are well written and very informative This book should be read by Community, public and comparative lawyers in order to acquire a good sense of the animated and important debate about the direction of our law and laws in the Europe of the future.” –  Patrick Birkinshaw, University of Hull, Law Quarterly Review

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