The Foundations and Future of Public Law

2020 ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Building Blocks ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
Future Directions ◽  
New Developments ◽  
The United Kingdom ◽  
The Subject

Public law in the United Kingdom and the European Union has undergone seismic changes over the last forty years. Scholars thus spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, inspired by the work of leading EU and public law scholar Paul Craig, leading figures in UK and EU public law address this complex and nuanced interrelationship between the foundations and futures of EU and UK public law. The chapters focus on six building blocks of public law: theory, case law, legislation, institutions, procedures, and constitutions. Overall these chapters make clear that the interrelationship between foundations and futures is a profoundly important one. As scholars and lawyers we ignore this at our peril.

Six Dimensions of Public Law

2020 ◽  
pp. 399-430
Author(s):  
Paul Craig
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Case Law ◽  
Public Law ◽  
The European Union ◽  
The Public ◽  
The United Kingdom ◽  
Six Dimensions ◽  
The Impact ◽  
The Way

This chapter draws on the six dimensions of public law covered in the book: theory, institutions and accountability, constitutions and rights, process and procedure, legislation, and case law. It links discussion of these dimensions, by considering how they have been affected by Brexit. The chapter is not concerned with the contending arguments for leaving or remaining in the European Union. The focus is on the way in which Brexit has ‘pressure-tested’ the public law regime in the United Kingdom and the European Union. The six dimensions of public law that are discussed in the preceding chapters form the architectural frame through which the impact of Brexit on the public law regimes is assessed in both the United Kingdom and the European Union.

Legislating and Adjudicating

2020 ◽  
pp. 173-192
Author(s):  
Eleanor Sharpston
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Good Reason ◽  
Case Law ◽  
Legislative Process ◽  
The European Union ◽  
The United Kingdom ◽  
European Union Legislation ◽  
Final Text ◽  
The Eu

The chapter examines the role played by the Court of Justice of the European Union (the CJEU) in ruling authoritatively on the meaning of European Union legislation. The EU legislative process differs from the parliamentary process in the United Kingdom for good reason. Within the European Union, there are many different traditions of how such drafting should be done; whilst, at EU level, multinationalism and multilingualism have a significant impact on what emerges as the final text. The chapter explains the difficulties encountered and gives illustrations from the Court’s case-law of instances where the Court has either decided not to take steps that might be construed as ‘legislating’ or, conversely, has gone to the limits of ‘constructive re-interpretation’. The chapter concludes by asking how far the Court should ‘bend’ a legislative text.

scholarly journals Storytelling as ‘unorthodox’ agency: Negotiating the 2012 family immigration rules (United Kingdom)

Politics ◽  
2017 ◽  
Vol 37 (3) ◽  
pp. 302-316 ◽  
Author(s):  
Amanda Russell Beattie
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Lived Experience ◽  
Moral Agency ◽  
Family Migration ◽  
The European Union ◽  
Citizenship Rights ◽  
The United Kingdom ◽  
The Subject ◽  
Binational Families

This article attends to the lived experience of binational families subject to the 2012 family immigration rules (FIR). It seeks to enrich the pre-existing discussions of family migration within the European Union (EU) and the United Kingdom, focusing on the ‘micro-political’ experiences of those whose lives have been adversely affected by their introduction. It draws on the life writings of binational families, suggesting that a micro-political focus reveals an ongoing neuropolitical experience that traditional accounts of moral agency are ill-equipped to negotiate. The article suggests an unorthodox interpretation of agency premised on storytelling, while probing the tensions that emerge when this lived experience is framed in such a manner. It concludes by positing a series of questions relating to the value of a neuropolitical labelling of the subject and suggests a need to further engage with traumatic interpretations of harm at the intersection of citizenship rights and mobility rights.

scholarly journals MI, NAROD FEDERACIJE! USTAVOTVORNA VLAST U KLASIČNIM I SUVREMENIM FEDERACIJAMA

2021 ◽  
Vol 37 (2) ◽  
pp. 7-34
Author(s):  
Robert Podolnjak
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Countries ◽  
The European Union ◽  
Federal States ◽  
Basic Assumptions ◽  
The United Kingdom ◽  
Fundamental Distinction ◽  
The Subject ◽  
The Difference

Regardless of the earlier assumptions about the obsolescence of the classic federal theory, the paper emphasizes the contemporary significance and relevance of federalism. Europe is the epicentre of modern federalization processes, not only when it comes to the European Union, but also a number of European countries such as Belgium, Spain and the United Kingdom. The paper points out the fundamental distinction between the classic and modern federalism, which has its origin in the fact that federal systems 'arise' differently as a result of opposite processes of federalization and that in this sense we can distinguish between classic “integrative” and modern “devolutive” federalism. The basic assumptions of the paper are that 1) these two federalism patterns originally differ in the character of the basic constitutive act of the federal union with regard to the subject of creating a federation, and 2) because contemporary federations are “federal states without a federal foundation” this difference is not noticeable today. On the contrary, it has largely disappeared, and in this way, the difference between classic and modern federalism is actually bridged.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

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