The Foundations and Future of Public Law
Essays in Honour of Paul Craig
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Product details:
- Publisher OUP Oxford
- Date of Publication 26 March 2020
- ISBN 9780198845249
- Binding Hardback
- No. of pages480 pages
- Size 233x161x33 mm
- Weight 874 g
- Language English 0
Categories
Short description:
In this collection, leading figures in UK and EU public law address seismic changes the field and reflect upon the implications of these changes, the fundamentals of public law, and the interrelationship between them across six themes: legislation, case law, theory, institutions, process, and constitutions.
MoreLong 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.
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.
Table of Contents:
Introduction: Why Fundamentals Matter
Part One: Theory
The State and Other Polities; the Diverse Objects of Public Law
The Changing Authority Bases of Administrative Law
Theory: A Commentary
Part Two: Legislation
The Province of Delegated Legislation
Legislating and Adjudicating: Where and How to Strike the Balance
Legislation: A Commentary
Part Three: Case Law
Connecting National Courts and the ECJ
Public Law Cases and the Common Law: A Unique Relationship?
Case Law: A Commentary
Part Four: The Administrative State: Institutions and Accountability
Beyond Probability: The Accountability of Data Possibility
The Open Road? Navigating Administrative Institutions and The Failed Promise of Administrative Law
Institutions and Accountability: A Commentary
Part Five: The Administrative State: Process and Procedure
Administrative Law and Administrative Procedure
Administrative Discretion in EU Law: Judicial and Administrative Review
Process and Procedure: A Commentary
Part Six: Constitutions and Rights
The Challenges of Multi-Layered Constitutionalism
The Transformation of Politics and Democracy in and Beyond the State
Constitutions and Rights: A Commentary
Conclusion
The Fundamentals
