Law and Administration in Europe Essays in Honour of Carol Harlow

by Craig, Paul; Rawlings, Richard

• ISBN13: 9780199265374
• ISBN10: 0199265372
• Format: Hardcover
• Copyright: 2003-12-11
• Publisher: Oxford University Press

Summary

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-privatedivide 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 hasalways 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 especiallyapparent 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 reviewover 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.

Author Biography

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.

Table of Contents

Tables of Cases ix
Tables o f Legislation xvii
List of Contributors xxv
PART I: PUBLIC LAW
1. Theory and Values in Public Law	3	(20)
Peter Cane
2. Theory and Values in Public Law: A Response	23	(24)
Paul Craig
3. Representation and Constitutional Theory	47	(20)
Martin Loughlin
4. Judicial Deference and Human Rights: A Question of Competence	67	(16)
Jeffrey Jowell
5. English Law and Convention Concepts	83	(24)
Dawn Oliver
6. 'The Peculiarities of the English': Resisting the Public/Private Law Distinction	107	(16)
Michael Taggart
7. Government by Contract Re-examined - Some Functional Issues	123	(16)
Mark Freedland
8. The Face of Securitas: Redefining the Relationship of Security and Foreigners in Europe	139	(18)
Elspeth Guild
PART II: EU LAW
9. Legitimacy, Legitimation, and the European Union: What Crisis?	157	(18)
Rodney Barker
10. The Constitutional Foundations of the European Union	175	(22)
Trevor C. Hartley
11. Integration and the Europeanization of the Law	197	(28)
Alec Stone Sweet
12. Trans-Atlantic: Harlow Revisited	225	(16)
Martin Shapiro
13. Cymru yn Ewrop: Wales in Europe	241	(32)
Richard Rawlings
14. Of Institutions and Individuals: The Enforcement of EC Law	273	(24)
Adam Tomkins
Appendix
Carol Harlow QC, FBA: Selected Writings	297	(4)
Index	301