Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity.
Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions.
The Labour Government's proposals for reform of the UK's internal constitutional arrangements promise the most wide-ranging and substantial overhaul of the constitution this century.
This collection of essays arises from two symposia held by the University of Cambridge's Centre for Public Law and Centre for European Legal Studies in the winter and spring of 1997.
This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999.
The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself.
Originating in a conference organised by the Centre for European Legal Studies (CELS), Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system.
The UK's new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process.
This book constructs a framework which allows a greater understanding of domestic causes of action for breaches of human rights sounding in a monetary remedy.
Principles of Legislative and Regulatory Drafting provides a succinct guide to an area of law and practice which has previously been poorly served by English textbooks.
The doctrine of judicial recusal enables - and may require - a judge who is lawfully appointed to hear and determine a case to stand down from that case, leaving its disposition to another colleague or colleagues.
Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived.
This book examines the constitutional principles governing the relationship between legislatures and courts at that critical crossroads of their power where legislatures may seek to intervene in the judicial process, or to interfere with judicial functions, to secure outcomes consistent with their policy objectives or interests.
Advancing a bold theory of the relevance of tort law in the fight against human rights abuses, celebrated US law professor George Fletcher here challenges the community of international lawyers to think again about how they can use the Alien Tort Statute.
With the incorporation into domestic law of the European Convention on Human Rights,the UK courts will increasingly be called upon to strike the balance between the potentially conflicting rights of the right to privacy under Article 8 and the right to freedom of expression under Article 10.
This collection features essays by leading experts in European public law on the most significant single initiative in European integration of the past decade.
Taking as a starting point the widely accepted view that states confronted with terrorism must find a proper equilibrium between their respective obligations of preserving fundamental rights and fighting terrorism effectively, this book seeks to demonstrate how the design and enforcement of a human rights instrument may influence the result of that exercise.
This book presents an integrated approach to general questions of European administrative law and offers some possible solutions to the problems which it poses, the Treaty establishing a Constitution for Europe being the point of reference.
In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups.
In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service.
It is remarkable that 10 years after the Human Rights Act came into effect, and with further reform possible, there are still no clear answers to basic questions about the relationship between the Human Rights Act, human rights principles and the common law.
Reflexive governance offers a theoretical framework for understanding modern patterns of governance in the European Union (EU) institutions and elsewhere.
Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States.
In this new book Robert Stevens looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century.
This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights.
This collection of essays brings together the late Federico Mancini's most important writings in English, which concentrate largely on the issues of democracy, constitutionalism and individual rights in the European Union.
This collection of essays addresses the changing constitutional framework of the EU and some of the changing patterns of governance within this complex polity.