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UK Public Law and European Law - The Dynamics of Legal Integration (Hardcover)
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UK Public Law and European Law - The Dynamics of Legal Integration (Hardcover)
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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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