UK Public Law and European Law: The Dynamics of Legal Integration
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.

"1136469787"
UK Public Law and European Law: The Dynamics of Legal Integration
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.

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UK Public Law and European Law: The Dynamics of Legal Integration

UK Public Law and European Law: The Dynamics of Legal Integration

by Gordon Anthony
UK Public Law and European Law: The Dynamics of Legal Integration

UK Public Law and European Law: The Dynamics of Legal Integration

by Gordon Anthony

Hardcover

$130.00 
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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. 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.


Product Details

ISBN-13: 9781841131481
Publisher: Bloomsbury Academic
Publication date: 05/11/2002
Pages: 256
Product dimensions: 6.14(w) x 9.21(h) x 0.56(d)

About the Author

Gordon Anthony is a Lecturer in Law at the Queen's University of Belfast.

Table of Contents

Table of Casesxi
Table of Legislationxxv
1.Issues, Concepts and Arguments1
1.Introduction1
2.Contextualising Legal Integration3
3.Conceptualising Legal Integration9
Legal transplants9
Legal cross-fertilisation12
Interacting dynamics15
4.Arguments17
2.The Dynamics of UK Public Law23
1.Introduction23
2.The Ultra Vires Debate and the Changing Nature of Judicial Review26
3.The Royal Prerogative30
4.The Public-Private Divide35
Expanding the reach of judicial review - ex p Datafin37
The Human Rights Act and judicial review39
The Human Rights Act and the ultra vires debate42
5.Conclusion44
3.The Dynamics of European Law47
1.Introduction47
2.European Union Law48
The loyalty doctrine and principles of judicial review50
Indirect effect54
State liability58
Fundamental rights62
3.The European Convention on Human Rights66
Effectiveness, legality, proportionality68
The margin of appreciation71
4.Conclusion73
4.The Reception of EU Law75
1.Introduction75
2.Constitutional Orthodoxy and Supremacy77
3.Constitutional Revolution and Supremacy86
4.Orthodoxy, Indirect Effect and the Dualist Parameters of Integration92
The limited approach94
The revised approach96
5.Conclusion100
5.EU Law and Principles of Judicial Review103
1.Introduction103
2.The Dualist Divide105
3.Proportionality110
4.Substantive Legitimate Expectations117
5.The Duty to Give Reasons125
6.Conclusion130
6.Remedies133
1.Introduction133
2.Remedies and the Individual134
Restitution135
Injunctive relief139
3.Remedies, the Courts and Institutional Balance142
State liability in EU law144
State liability and damages actions in domestic law145
Barrett v. Enfield, public authority liability and the interim impact of the ECHR147
4.Conclusion153
7.The Human Rights Act 1998 and Cross-fertilisation157
1.Introduction157
2.Domestic Law, the ECHR and Fundamental Rights Pre-Human Rights Act160
3.The Human Rights Act: An Overview165
4.The Human Rights Act and the Limits to Cross-fertilisation169
5.Conclusion177
8.The Dynamics of Legal Integration?179
Select Bibliography183
Index195
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