The Foundations and Future of Public Law: Essays in Honour of Paul Craig

by Elizabeth Fisher, Jeff King, Alison Young

Overview

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.

Product Details

ISBN-13:	9780198845249
Publisher:	Oxford University Press
Publication date:	05/26/2020
Pages:	480
Product dimensions:	9.30(w) x 6.20(h) x 1.40(d)

About the Author

Elizabeth Fisher is Professor of Environmental Law, Corpus Christi College and Faculty of Law, University of Oxford. Her 2007 book, Risk Regulation and Administrative Constitutionalism, won the 2008 SLS Peter Birks Prize for Outstanding Legal Scholarship 2008. She is also author of Environmental Law: A Very Short Introduction and co-author of Fisher, Lange, and Scotford, Environmental Law: Text, Cases and Materials. She is General Editor of Journal of Environmental Law, Reviews Editor of the OJLS, and has served as the editor of the Legislation and Reports Section of the Modern Law Review.

Jeff King is Professor of Law at the Faculty of Laws, University College London. He is the co-editor of Current Legal Problems, formerly the Co-Editor of the UK Constitutional Law Blog, and sits on the editorial committee of Public Law. His Judging Social Rights won the 2014 SLS Peter Birks Prize for Outstanding Legal Scholarship. He is presently an Executive Member of the UK Constitutional Law Association, and member of the UK Study of Parliament Group. In 2017 he was the recipient of a Philip Leverhulme Prize in Law.

Alison Young is currently the Sir David Williams Professor of Public Law at the University of Cambridge and a Fellow of Robinson College. She is an executive member of the UK Constitutional Law Association and co-editor of the UKCLA blog. She is also on the editorial Board of European Public Law. She is the author of Democratic Dialogue and the Constitution, for which she was awarded a Leverhulme Research Fellowship from 2013-15, and Parliamentary Sovereignty and the Human Rights Act.

Table of Contents

1. Introduction: Why Fundamentals Matter, Elizabeth Fisher, Jeff King and Alison YoungPart One: Theory2. The State and Other Polities; the Diverse Objects of Public Law, Neil Walker3. The Changing Authority Bases of Administrative Law, Janet McLean4. Theory: A Commentary, Nick BarberPart Two: Legislation5. The Province of Delegated Legislation, Jeff King6. Legislating and Adjudicating: Where and How to Strike the Balance, Eleanor Sharpston QC7. Legislation: A Commentary, Lord Justice Philip SalesPart Three: Case Law8. Connecting National Courts and the ECJ, Gráinne de Búrca9. Public Law Cases and the Common Law: A Unique Relationship?, Alison Young10. Case Law: A Commentary, Timothy EndicottPart Four: The Administrative State: Institutions and Accountability11. Beyond Probability: The Accountability of Data Possibility, Deirdre Curtin12. The Open Road? Navigating Administrative Institutions and The Failed Promise of Administrative Law, Elizabeth Fisher13. Institutions and Accountability: A Commentary, Anne DaviesPart Five: The Administrative State: Process and Procedure14. Administrative Law and Administrative Procedure, Carol Harlow and Richard Rawlings15. Administrative Discretion in EU Law: Judicial and Administrative Review, Joana Mendes16. Process and Procedure: A Commentary, Mark FreedlandPart Six: Constitutions and Rights17. The Challenges of Multi-Layered Constitutionalism, Cheryl Saunders18. The Transformation of Politics and Democracy in and Beyond the State, Miguel Maduro19. Constitutions and Rights: A Commentary, Sionaidh Douglas-ScottConclusion20. The Fundamentals, Paul Craig

Editorial Reviews

"This is an interesting and stimulating collection of essays. It would be possible to engage in an article-length response to each of the chapters. The space at my disposal does not do justice to the quality of the research, argumentation and presentation of the authors ... Craig should be delighted that his ideas and work have generated such a worthy response in this publication." — Patrick J Birkinshaw, Emeritus Professor of Public Law, University of Hull, Amicus Curiae

"... the book covers a diversity of subjects, but something that marks it out from other edited collections is the way its diversity does not detract from its cohesiveness. Instead, Craig's scholarship provides an inspiration that pervades the book, resulting in a number of common themes that bind the individual chapters together. The book certainly achieves what its editors hoped, that is a collection of papers rising to the intellectual challenge set by Craig's work." — Julian R Murphy, Melbourne Law School, Australian Law Journal

From the Publisher