Product Line | Kluwer Law International |
|---|---|
ISBN-13 | 9789403535760 |
Availability | Ships in 5-7 Business Days |
Last Updated | 2023-07-13 |
European Monograph Series Volume #115
About this book:
Public Law in a Troubled Era is a compendium of edited essays wherein many of the world’s leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world’s most professedly democratic nations.
What’s in this book:
The book is dedicated to Professor Patrick Birkinshaw, who until his retirement was Director of the Institute of European Public Law and Professor of Public Law at the University of Hull and widely respected as a leading authority on public law. With a focus on public law and European public law jurisprudence with hugely important global ramifications, the contributions continue his work and crucially deal with the new and troubling shape of the law–politics relationship. The essays examine these developments under four headings:
The book brings together leading university professors, public officials and judges, all experts in their respective fields. All are concerned with a central role for law in the process of governance.
How this will help you:
This unrivalled volume penetrates the contradictions, uncertainties, and insecurities that plague this topic of worldwide interest and debate, and will prove invaluable to practitioners, public administrators, jurists, judges and legal academics everywhere. It will also be of interest to political scientists and politicians. In its completely original and innovative discussions of the changes taking place at the interface of law and politics, and of how law can enhance certainty and reliability in governance, this book provides a most detailed and insightful analysis of the new bearings in public law in Europe and worldwide.
Editor
Contributors
Foreword
Patrick Birkinshaw: His Work
Introduction
Katarzyna Gromek-Broc
PART I
Law in a World Turned Upside-Down
CHAPTER 1
Reflections on the Post-Brexit Constitution
Tony Prosser
CHAPTER 2
The Rebirth of Parliamentary Sovereignty
Gordon Anthony
CHAPTER 3
Through the Looking Glass: The Subversion of Democracy, Human Rights and the Rule of Law in Hungary
Stephen I. Pogany
CHAPTER 4
Is There a Concept of Law of Exception in France? Some Reflections on the Legal Issues Raised by the COVID-19 Pandemic
Jacques Ziller
CHAPTER 5
Climate Change: Turning the World (and Public Law) Upside-Down
Plaza Martin
CHAPTER 6
EU Constitutional Principles Revisited in the Polish Crisis of the Judiciary
Katarzyna Gromek-Broc
CHAPTER 7
Reflections on the Francovich Remedy
Martina Künnecke McClean
PART II
Law and Politics: A Shifting Boundary?
CHAPTER 8
Law and Politics: Standing on Shifting Sand
Alison L. Young
CHAPTER 9
Ethical Standards Between Politics and Law
Yseult Marique
CHAPTER 10
How European Is French Public Law?
John Bell
CHAPTER 11
The Boundaries Between Law and Politics in French Administrative Law: The Case of the ‘Actes de Gouvernement’
Aurélien Antoine
CHAPTER 12
Les cours suprêmes dans l’espace juridique européen: Hommage à Patrick Birkinshaw
Bernard Stirn
CHAPTER 13
Ius Publicum Europaeum and the Use of Comparative Law by the CJEU: Unity in Diversity?
Constantinos Kombos
CHAPTER 14
The Right to Judicial Protection and Administration on the EU Periphery: The Fading Mirage of European Legal Convergence
Marton Varju
CHAPTER 15
Preliminary Rulings and Acte Clair: National Courts, Advocate General and CJEU
Paul Craig
CHAPTER 16
Is Democracy Sufficiently Safeguarded under the UK’s Unwritten Constitution?
Sir Jeffrey Jowell KC
PART III
Law’s Promise
CHAPTER 17
Why Also the ECJ Needs to Be Controlled?
Peter M. Huber
CHAPTER 18
The Guardianship of the Constitution and Its Legitimacy
Massimo La Torre
CHAPTER 19
Russia’s Expulsion from the CoE: The CoE’s Reaction to Russia’s Non-compliance: Rethinking the System in Light of Human Rights Protection and Accountability
Katarzyna Gromek-Broc & Anna Fachinetti
CHAPTER 20
The Contribution of the Sub-national Authorities to the EU Legality: The Evolution of Article 263 TFEU
Fabio Giglioni
CHAPTER 21
The Lisbon Treaty and EU Democracy: A Brief Assessment of Selected Areas
Nikos Vogiatzis
CHAPTER 22
Reasons to Be Grateful?: Government, Information and the Development of the Law in the United Kingdom
Mike Varney
CHAPTER 23
Whistleblowing, Freedom of Expression and the Public’s ‘Right to Know’ in the ECHR
Dimitrios Kagiaros
PART IV
New Bearings
CHAPTER 24
‘Courts in Federal Systems’
Stephen Tierney
CHAPTER 25
Consultations, Politics and Reform of Judicial Review
David Feldman
CHAPTER 26
State Aid in the Prism of Public Interests. For a Renewed Approach
Mario P. Chiti
CHAPTER 27
Regulate the Use of Algorithms in the Administration: Why? How?
Jean-Bernard Auby
CHAPTER 28
Digital Transition of Public Administration in Italy and the EU Right to a Good Administration: Problems and Prospects Also in the Perspective of the Implementation of Italy’s Recovery and Resilience Plan
Diana-Urania Galetta
CHAPTER 29
The European Offices of the UK Local Authorities and Devolved Administrations in Light of Patrick Birkinshaw’s Concept of European Public Law
Carlo Panara
CHAPTER 30
Implementing China’s Constitution: Democratic Dialogue Model and Its Limitations
Zheng Zhu
CHAPTER 31
The CJEU and Comparative Law in the Creation of New Jurisprudential Principles: A Case of Judicial Manipulation?
Thomas Perroud
CHAPTER 32
How to Spend (Our) Money Wisely: The SCA and Control of Public Tax and Spend in a Post-Brexit United Kingdom
Andrea Biondi & Maria Kendrick
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