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Download PDF UK, EU and Global Administrative Law: Foundations and Challenges

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Paul Craig's analysis of UK, EU and global administrative law, in six lectures, examines the challenges facing each system and reveals the commonalities in and differences between their foundational assumptions. The challenges which they face may be particular to that legal order, endemic to any legal system of administrative law or the result of interaction between the three systems. The inter-relationship between the three levels is important.

The legal and practical reality is that developments at one level can have an impact on the other two.

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Legal doctrine fashioned at the national level may therefore inform developments in EU and global administrative law. The doctrine thus created may then function symbiotically, shaping developments within a domestic legal order. The inter-relationship is equally marked from the regulatory perspective, since many such provisions originate at the global or EU level. Advanced Search. Page 1: … a word, the comparative lawyer is immediately tempted to turn to investigate this unexpected occurrence.

Arnull, A. Dashwood, M. Page 1: … President of the European Council on 29 March Page 1: … van Gerven requests in his valuable contribution a more comparative approach of the ECJ in its case law on liability and promotes further comparative research in this field p. Paul Craig also suggests that the comparison with other legal systems can enrich national legal traditions p.

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Page 5: … become obsolete and that the Eurozone is capable of dealing effectively with this crisis of confidence. This was the role of the court, and one that it discharged well. Page … not seem to suffice. This approach, similar to the one adopted by the authors of one of the leading textbooks on EU law by Paul Craig and Grainne De Burca, is very much appreciated by students because it allows to cover a great many subjects and primary sources within a reasonable amount of time.

The most …. Page 2: … TFEU. Craig who argues that one thing is exclusive competence, quite another is the enforcement of a policy implementing such competence. Page 3: … thus should be seen as part and parcel of a broader package of constitutional reforms to put the EU institutional system on a more solid basis.

Rivista Trimestrale di Diritto Pubblico n. 2/ – April – June - IRPA

Page 2: … European Ombudsman website,. Given its centrality, it is unsurprising that Canadian courts and commentators have sought to develop their understanding of reasonableness. But there was nothing inevitable about the rise of reasonableness: the Court developed a new definition of reasonableness when decomplexifying its approach to administrative law in response to criticism from the legal community. Categorising these different types of claim is difficult and the obvious overlaps create a significant risk that a claim will be assigned incorrectly, leading to the application of a more or less intrusive standard of review than appropriate.

Advocates of a one-size-fits-all proportionality test have as yet been unable to convince other members of the legal community to adopt proportionality across the board. Recent judicial experience suggests that wide application of the protean concept of proportionality would require the development of additional doctrinal tools such as deference in order to ensure that the proportionality test is applied with appropriate intensity across the wide spectrum of administrative law cases, ranging from fundamental rights on one end to purely economic interests at the other extreme.


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This, I submit, explains the recent interest in the concept of a range of rational outcomes. Again, it is difficult to identify a deep-seated, historically rooted institutional distinction between the English and Canadian systems that would account for the halting convergence between the two over the last decade. Rather, in responding to complexity — judicially-created in Canada, legislatively-created in England — courts and commentators in each jurisdiction have found it useful to rely upon a range of rational outcomes. London: Sweet and Maxwell, See also at [32], per Lord Cooke of Thorndon.

Kennedy at []. Pham at [].

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Interestingly enough, private criticism rarely manifested itself in the reasons of lower courts or the writings of scholars. Cambridge: Cambridge University Press, at , Fig. This content has been updated on October 31, at Paul Daly October 31,

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