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Convergence and Divergence in European Public Law - Paul Beaumont

Convergence and Divergence in European Public Law

By: Paul Beaumont (Editor), Carole Lyons (Editor), Neil Walker (Editor)

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This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe, in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Gráinne de Búrca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).

...this is a timely, interesting and well-organised collection of essays which on the whole are well written and very informative This book should be read by Community, public and comparative lawyers in order to acquire a good sense of the animated and important debate about the direction of our law and laws in the Europe of the future. Patrick Birkinshaw, University of Hull Law Quarterly Review May 2003

List of Contributors
Europe's Changing Political Landscape: Territorial Restructuring and New Forms of Governmentp. 3
Member States and Regions in Community Law: Convergence and Divergencep. 19
The Closest Thing to a Constitutional Conversation in Europe: The Semi-Permanent Treaty Revision Processp. 39
The Constitutional Structure of the European Union: Some Reflections on Vertical Unity-in-Diversityp. 59
Perspectives on Convergence within the Theatre of European Integrationp. 79
Convergence and Divergence in Administrative Lawp. 99
Towards Homogeneity in the Field of Legal Remedies: Convergence and Divergencep. 111
Convergence and Divergence in European Public Law: The Case of Human Rightsp. 131
Human Rights: Some Recent Developments and their Impact on Convergence and Divergence of Law in Europep. 151
The European Union and Fundamental Rights: Well in Spirit but Considerably Rumpled in Body?p. 177
Voices of Difference in a Plural Communityp. 199
Public Law, Europeanisation and Convergence: Can Comparatists Contribute?p. 225
Culture, Democracy and the Convergence of Public Law: Some Scepticisms about Scepticismp. 257
Indexp. 273
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9781841132112
ISBN-10: 184113211X
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 288
Published: 7th June 2002
Country of Publication: GB
Dimensions (cm): 24.13 x 16.51  x 2.54
Weight (kg): 0.59
Edition Number: 1