Law and Administration in Europe
Essays in Honour of Carol Harlow
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Product details:
- Publisher OUP Oxford
- Date of Publication 2 October 2003
- ISBN 9780199265374
- Binding Hardback
- No. of pages330 pages
- Size 242x160x25 mm
- Weight 652 g
- Language English
- Illustrations halftone plate frontispiece 0
Categories
Short description:
Law and Administration in Europe consists of a series of essays addressing central themes in domestic public law and in the public law of the European Union. These contributions deal with a whole range of issues, including the theoretical underpinnings of public law, the public-private divide, the nature and legitimacy of governmental action, and the relationship between different levels of government.
MoreLong description:
The contributions to this volume address central issues in public law. There are chapters dealing with the general theoretical foundations of public law, including the relationship of theory and values, and discussion of the central idea of representation. The nature of the public-private divide continues to be of importance as a result of changes in the nature of government, and as a consequence of the passage of the Human Rights Act 1998 (HRA). Closely related to this is the contractualisation of government. The relationship between the courts, Parliament, and the executive has always been a central concern for public lawyers. It has been brought to the fore by the passage of the HRA, leading to discussions about the extent to which the courts should show deference to executive and legislative choices when engaging in judicial review. This vexed issue is especially apparent when it comes to deciding how Parliament, the executive, and the courts should treat 'non-citizens' or those who might threaten the security of the state.
It is of course impossible to discuss public law without considering European Union law. There is discussion of core issues relating to the legitimacy of the EU, and its constitutional foundations. The role of courts in the process of integration is analysed, and the desirability of judicial review over rule-making is considered. The relationship between public and private modes of enforcing EU law is reviewed. In addition, there is a discussion of the way in which different levels of government inter-relate, viewed through the lens of devolution in the UK.
Table of Contents:
Part I: Public Law
Theory and Values in Public Law
Theory and Values in Public Law: A Response
Representation and Constitutional Theory
Judicial Deference and Human Rights: a Question of Competence
English Law and Convention Concepts
'The Peculiarities of the English': Resisting the Public/Private Law Distinction
Government by Contract Re-examined: Some Functional Issues
The Face of Securitas: Redefining the Relationship of Security and Foreigners in Europe
Part II: EU Law
Legitimacy, Legitimation, and the European Union: What Crisis?
The Constitutional Foundations of the European Union
Integration and the Europeanization of the Law
Trans-Atlantic, Harlow Revisited
Cymru yn Ewrop: Wales In Europe
Of Institutions and Individuals: The Enforcement of EC Law
Art And Engagement
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