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UK Public Law and European Law
     

UK Public Law and European Law

by Gordon Anthony (Editor), Dan Friedmann
 
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

Overview

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.

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Booknews
This book examines the dynamics of the process whereby UK courts borrow principles and practice from European law, arguing that recent internal developments in UK law, such as the passage of the Human Rights Act, present new possibilities for legal integration. Focus is on principles of administrative law applied by courts in judicial review proceedings. The book, distributed by ISBS, will be of interest to public lawyers, European lawyers, and political scientists. Anthony is a lecturer in law at the Queen's University of Belfast. The book is distributed by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9781841131481
Publisher:
Hart Publishing UK
Publication date:
05/11/2002
Pages:
256
Product dimensions:
15.60(w) x 23.40(h) x 20.00(d)

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