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Public Law in a Troubled Era: A Tribute to Professor Patrick Birkinshaw

Public Law in a Troubled Era: A Tribute to Professor Patrick Birkinshaw

Author: Katarzyna Gromek-Broc
Publisher: Kluwer Law International
ISBN: 9789403535760
Published In: June 2023
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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:

Law in a World Turned Upside/Down, with essays on (e.g.) Brexit, the denial of human rights and the rule of law in Hungary, climate change governance
Law and Politics: A Shifting Boundary?, showing how advances in the courts have prompted reaction to curtail judicial review and human rights protection, especially evident in the fading mirage of fair trial rights and administration on the EU periphery
Law’s Promise, specifying real achievements in the way of reform and higher levels of security for individuals, and
New Bearings, exploring initiatives and emerging problems, including reform of judicial review, the European Banking Law, digitalization of public administration, and institutional interactions with the Chinese 1982 Constitution

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.

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.

Foreword

Patrick Birkinshaw: His Work

Introduction

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

Carmen Plaza

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 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

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

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