Subjects:

Constitutional and Administrative Law

Contents:

Part I - Public law: Theory and values in public law, P. Cane

Theory and values in public law - A response, P. Craig

Representation and constitutional theory, M. Loughlin

Judicial deference and human rights - a question of competence, J. Jowell

English law and convention concepts, D. Oliver

""The Peculiarities of the English"" - Resisting the public/private law distinction, M. Taggart

Freedland - Government by contract re-examined

Some functional issues, M. Freedland

The face of securitas

Redefining the relationship of security and foreigners in Europe, E. Guild

Part II - EU Law: Legitimacy, legitimation, and the European Union

What crisis?, R. Barker

The constitutional foundations of the European Union, T. Hartley

Integration and the Europeanization of the law, A. Stone Sweet

Trans-Atlantic, Harlow revisited, M. Shapiro

Cymru yn Ewrop - Wales in Europe, R. Rawlings

Of institutions and individuals

The enforcement of EC law, A. Tomkins.

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.