Full Description
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.
Contents
1: Elizabeth Fisher, Jeff King and Alison Young: Introduction: Why Fundamentals Matter
Part One: Theory
2: Neil Walker: The State and Other Polities; the Diverse Objects of Public Law
3: Janet McLean: The Changing Authority Bases of Administrative Law
4: Nick Barber: Theory: A Commentary
Part Two: Legislation
5: Jeff King: The Province of Delegated Legislation
6: Eleanor Sharpston QC: Legislating and Adjudicating: Where and How to Strike the Balance
7: Lord Justice Philip Sales: Legislation: A Commentary
Part Three: Case Law
8: Gráinne de Búrca: Connecting National Courts and the ECJ
9: Alison Young: Public Law Cases and the Common Law: A Unique Relationship?
10: Timothy Endicott: Case Law: A Commentary
Part Four: The Administrative State: Institutions and Accountability
11: Deirdre Curtin: Beyond Probability: The Accountability of Data Possibility
12: Elizabeth Fisher: The Open Road? Navigating Administrative Institutions and The Failed Promise of Administrative Law
13: Anne Davies: Institutions and Accountability: A Commentary
Part Five: The Administrative State: Process and Procedure
14: Carol Harlow and Richard Rawlings: Administrative Law and Administrative Procedure
15: Joana Mendes: Administrative Discretion in EU Law: Judicial and Administrative Review
16: Mark Freedland: Process and Procedure: A Commentary
Part Six: Constitutions and Rights
17: Cheryl Saunders: The Challenges of Multi-Layered Constitutionalism
18: Miguel Maduro: The Transformation of Politics and Democracy in and Beyond the State
19: Sionaidh Douglas-Scott: Constitutions and Rights: A Commentary
Conclusion
20: Paul Craig: The Fundamentals
