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Vol 23 No 5 May/June 2018

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UK Public Law and European Law: The Dynamics of Legal Integration

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Gordon AnthonyLecturer in Law, Queen's University of Belfast

ISBN13: 9781841131481
ISBN: 1841131482
Published: May 2002
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00

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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.

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Constitutional and Administrative Law, EU Law
1. Issues, Concepts and Arguments
2. The Dynamics of UK Public Law
3. The Dynamics of European Law
4. The Reception of EU Law
5. EU Law and Principles of Judicial Review
6. Remedies
7. The Human Rights Act 1998 and Cross-fertilisation
8. The Dynamics of Legal Integration?