The Principle of Proportionality in the Laws of Europe

by Ellis, Evelyn

• ISBN13: 9781841130071
• ISBN10: 1841130079
• Format: Hardcover
• Copyright: 1999-03-19
• Publisher: Hart Publishing

Summary

This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.

Author Biography

Evelyn Ellis is Professor of Public Law at the University of Birmingham

Table of Contents

Table of Cases	ix
Table of National Legislation	xxi
Table of EC Secondary Legislation	xxiii
Table of Treaties	xxv
List of Contributors	xxvii
Recent Developments in the Principle of Proportionality in European Community Law	1	(22)
Francis G. Jacobs
Proportionality and the European Convention on Human Rights	23	(14)
Jeremy McBride
The Effect of Proportionality on the Actions of Member States of the European Community: National Viewpoints From Continental Europe	37	(28)
Walter van Gerven
Proportionality in European Community Law: Searching for the Appropriate Standard of Scrutiny	65	(20)
Takis Tridimas
Unreasonableness and Proportionality in UK Law	85	(22)
Paul Craig
The Influence of the European Principle of Proportionality Upon UK Law	107	(10)
The Rt. Hon. Lord Hoffmann
Proportionality and the Human Rights Act 1998	117	(28)
David Feldman
Proportionality and the Supremacy of Parliament in the UK	145	(20)
Nicbolas Green
The Concept of Proportionality in European Community Sex Discrimination Law	165	(18)
Evelyn Ellis
Index	183