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Description - UK Public Law and European Law by Gordon Anthony

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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Book Details

ISBN: 9781841131481
ISBN-10: 1841131482
Format: Hardback
(234mm x 156mm x 20mm)
Pages: 256
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 11-May-2002
Country of Publication: United Kingdom

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Author Biography - Gordon Anthony

Gordon Anthony is a Lecturer in Law at the Queen's University of Belfast.

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