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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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


ISBN13: 9780198845249
Published: March 2020
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £122.50



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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.

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