Administrative law, and specifically the law concerning judicial review of administrative action, has been regarded by doctrine until the second half of the twentieth century as a product of the national history and tradition of a state, and hence, because of the different national traditions, as an area in which there was, in general, little … Continue reading Cases, Materials and Text on Judicial Review of Administrative Action (Hart 2019)
The Centre for European Legal Studies (Cambridge) kindly sponsored a Comparative law workshop in honour of John Bell, who is retiring in September 2019. The workshop, which was organised by Dr Turenne, was a small gathering of colleagues and former students from Australia, Chile, France, the Netherlands, the USA in addition to colleagues and former … Continue reading Reasons and Context in Comparative Law: Workshop to mark the retirement of Professor John Bell
Unlike breach, withdrawal from an international treaty is in principle a lawful act. Article 54 of the Vienna Convention on the Law of the Treaties allows a State to withdraw from a treaty either in conformity with the relevant provisions or by consent of all parties. In that sense, Article 50 TEU that provides for … Continue reading Brexit as a secession
Last November, the Spanish Public Prosecutor’s Office announced that it would ask for long-term prison sentences for the Catalonian politicians who organised and supported the illegal referendum on the 1st of October 2017. The criminal prosecution of political leaders who acted with a clear electoral mandate is worrying for all those who perceive that the … Continue reading Catalonian Independence: Unbounding a Blood and Belonging Constitutional System
How does EU competition law affect national healthcare reforms? Does healthcare merit special treatment, or can competition work in the same way it does in the energy and telecommunications sectors? Are competition reforms in healthcare an end in themselves, or merely a means to the wider aim of modernising healthcare? Can general competition rules be … Continue reading NEW PUBLICATION: MARY GUY, COMPETITION POLICY IN HEALTHCARE – FRONTIERS IN INSURANCE-BASED AND TAXATION-FUNDED SYSTEMS, INTERSENTIA 2019
How far do contemporary English and German judges go when they interpret national legislation? Where are the limits of statutory interpretation when judges venture outside the constraints of the text? Do these limits converge or diverge in both jurisdictions? Judicial Law-making in English and German Courts is concerned with the limits of judicial power in both … Continue reading New publication – Martin Brenncke – Judicial Law-making in English and German Courts, Intersentia, 2018
Mark Van Hoecke, Professor of Comparative Law, gave an insightful inaugural lecture on “Do judges reason differently on both sides of the Channel?”, at the School of Law, Queen Mary University of London, on 3rd September 2018. To a keen audience of academics and practitioners, Professor Van Hoecke compared Common Law reasoning with that of … Continue reading Inaugural Lecture – Professor Mark Van Hoecke – Queen Mary, 2018
The latest edition of the 2018 Common Law World Review is dedicated to papers first delivered at a joint seminar of the British Association of Comparative Law and the Irish Society of Comparative Law, held at University College Dublin on 5 September 2017. This was the first time BACL and ISCL had collaborated in this … Continue reading Publication of papers from BACL Annual Seminar 2017: Comparing UK and Irish law: A special relationship? – Common Law World Review 2018; 47(1): 3–102
On Monday, September 3rd, 2018, at 5.30 p.m., Mark Van Hoecke, Professor of Comparative Law at Queen Mary University of London, will deliver his inaugural lecture in the G.O.Jones building on the Mile End campus. His lecture will be on “Do judges reason differently on both sides of the Channel?” The lecture will be followed … Continue reading Inaugural lecture – Comparative Law – QMUL – 3 September 2018
When academics, policymakers, media commentators, and citizens talk about a European Union (EU) “democratic deficit,” they often miss part of the story. My new book, From the “Democratic Deficit” to a “Democratic Surplus”: Constructing Administrative Democracy in Europe (Oxford University Press, 2017), challenges the conventional narrative of an EU “democratic deficit.” It argues that EU … Continue reading From the “Democratic Deficit” to a “Democratic Surplus”: Constructing Administrative Democracy in Europe
