The contributions to this volume address central issues in public law. There are chapters dealing with the general theoretical foundations of public law, including the relationship of theory and values, and discussion of the central idea of representation. The nature of the public-private divide continues to be of importance as a result of changes in the nature of government, and as a consequence of the passage of the Human Rights Act 1998 (HRA). Closely related to this is the contractualisation of government. The relationship between the courts, Parliament, and the executive has always been a central concern for public lawyers. It has been brought to the fore by the passage of the HRA, leading to discussions about the extent to which the courts should show deference to executive and legislative choices when engaging in judicial review. This vexed issue is especially apparent when it comes to deciding how Parliament, the executive, and the courts should treat 'non-citizens' or those who might threaten the security of the state. It is of course impossible to discuss public law without considering European Union law. There is discussion of core issues relating to the legitimacy of the EU, and its constitutional foundations. The role of courts in the process of integration is analysed, and the desirability of judicial review over rule-making is considered. The relationship between public and private modes of enforcing EU law is reviewed. In addition, there is a discussion of the way in which different levels of government inter-relate, viewed through the lens of devolution in the UK.
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Consists of a series of essays addressing central themes in domestic Public Law and in the Public Law of the European Union. These contributions deals with issues, including the underpinnings of Public Law, the public-private divide, the nature and legitimacy of governmental action, and the relationship between different levels of government.
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PART I: PUBLIC LAW ; PART II: EU LAW
Covers central issues within public law Deals both with with domestic public law and EU public law
Paul Craig is Professor of English Law at St. John's College, Oxford. Richard Rawlings is Professor at the London School of Economics and Political Science.
Covers central issues within public law Deals both with with domestic public law and EU public law

Produktdetaljer

ISBN
9780199265374
Publisert
2003
Utgiver
Vendor
Oxford University Press
Vekt
652 gr
Høyde
242 mm
Bredde
160 mm
Dybde
26 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
330

Biographical note

Paul Craig is Professor of English Law at St. John's College, Oxford. Richard Rawlings is Professor at the London School of Economics and Political Science.