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UK Public Law and European Law

The Dynamics of Legal Integration

By: Gordon Anthony
Media of UK Public Law and European Law
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Published: 11-05-2002
Format: Hardback
Edition: 1st
Extent: 256
ISBN: 9781841131481
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £75.00
Online price : £67.50
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Loren Epson

About UK Public Law and European Law

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.

Table Of Contents

1. Issues, Concepts and Arguments
2. The Dynamics of UK Public Law
3. The Dynamics of European Law
4. The Reception of EU Law
5. EU Law and Principles of Judicial Review
6. Remedies
7. The Human Rights Act 1998 and Cross-fertilisation
8. The Dynamics of Legal Integration?

Reviews

“…the notable clarity of organization and writing style render it accesible to the non-expert. Moreover, the thorough and systematic treatment of the separate underlying histories and theories, including detracting viewpoints, allows even a casual reader to quickly develop a good sense of the impact of legal integration on domestic legal standards in the UK.” –  Jean Chen, Columbia Journal of European Law

“The book covers the usual suspects: proportionality, legitimate expectation and administrative liability. The range of suggestive insights is limited. Instead we have a very competent and readable account of recent developments, a summary of the state of issues.” –  European Public Law

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