Public Law – Text, Cases and Materials, (with A. Le
Sueur and M. Sunkin), Oxford University Press, 2010 [FORTHCOMING]
Scottish Independence: A Practical Guide (with P. Jones and
M. Keating), Edinburgh University Press, 2002
This
book provides the first comprehensive and dispassionate
stock-take of the effect of devolution during the first
term of the Scottish Parliament and National Assembly
for Wales. Part 1 covers the territories of the
UK—Scotland, Wales, Northern Ireland and the English
regions. Part 2 looks at its impact on the centre
Westminster, Whitehall and public opinion. Part 3 looks
at developments in two key areas of public policy. The
book as a whole assesses not just how parts of the UK
have been affected by devolution, but also its effect on
the UK as a whole.
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for publisher's site
'Constitutionalism' in Encyclopedia of Political Theory (ed. Mark Bevir), SAGE
Publications.[FORTHCOMING May 2010]
'Countering Anti-constitutional Argument: The Reasons for the European Court of
Justice’s Decision in Kadi and Al Barakaat' (2009) 11 Cambridge Yearbook of
European Legal Studies 15-52
This contribution examines the recent decision by the European Court of Justice in Kadi and Al Barakaat International Foundation. It is a response to criticism that the ECJ’s judgement, in providing for the review of EC measures implementing UN Security Council resolutions, undermines the authority of public international law. Instead of committing itself to international law and institutions at all cost, the ECJ concerns itself with the constitutional repercussions from national constitutional courts (in the case of failure to protect fundamental rights). Important as the relationship between EC law and international law is, there is a clear sense that the ECJ is responsible to, and will ultimately be held to account by, the courts and constitutions of the Member States of the European Union.
'Identity Trumps Integration: The Lisbon Treaty in the German Federal
Constitutional Court' (2009) 4 Der Staat 517-534.
'The Quest for Constitutionalism in Public Law Discourse,' (2009) 29 (3)
Oxford Journal of Legal Studies 1-29.
At first sight constitutionalism appears to be a key concept in
public law discourse in the United Kingdom. It appears in all the major academic
discussions from the rule of law and judicial review to the ‘new constitutional
settlement’ and in relation to constitutional culture. And yet attempts to
define the scope, meaning and role of constitutionalism remain vague. This
article discusses the different fields in which constitutionalism is discussed
and the different meanings that are attributed to the concept. It shows that
constitutionalism is routinely conflated by public law scholars with other
constitutional values and principles, like the rule of law or separation of
powers. This article argues that constitutionalism should either be conceived as
distinct from those concepts or, failing that, can safely be eliminated from
public law discourse. The article concludes by asking whether a nuanced and
normative discussion of constitutionalism could have any meaningful application
in the United Kingdom constitution.
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Review of Armin Von Bogdandy et al (eds), Handbuch Ius Publicum Europaeum Volume
I, (Heidelberg: C.F. Mueller, 2007) and Volume II (Heidelberg: C.F. Mueller,
2008), in (2009) 72(4) Modern Law Review 686-692.
'Comparative Constitutional Law in the
Courts: Reflections on the Originalists' Objections", (2008) 41(1)
Verfassung und Recht in Uebersee 32-50.
'Neither Parochial Nor Cosmopolitan:
Appraising the Migration of Constitutional Ideas' (2008) Modern
Law Review 71 (2) , 303–319
Review of Rainer Wahl,
Herausforderungen und Antworten: Das Öffentliche Recht der letzten
fünf Jahrzehnte, (Berlin: De Gruyter Recht, 2006), in
70(6) Modern Law Review 1028-1032.
“The Future of Staatsrecht:
Dominance, Demise, or Demystification?”, (2007) 70 (5) Modern Law
Review 731-758
The relationship between
the national and the European legal orders is affected
by the way it is theorised by the national
constitutional traditions. This article will explore the
opposing constitutional assumptions in Germany that
underlie two interpretations of what in Anglo-Saxon
countries is known as constitutional law: Staatsrecht
and Verfassungsrecht. The two contending visions are
generated from different conceptions of the European
Union and, especially, the state. The origins of the
German constitutional traditions will be historically
reconstructed. Although Staatsrecht has historically
offered the dominant interpretation of public law,
Verfassungsrecht has “de-mystified” the state. In order
to continue to offer a coherent interpretation
Staatsrecht need not abandon the state as its central
concept, but will need to re-examine the content of the
concept in light of modern forms of constitutionalism
and European integration.
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'“The Integrative Function of a
European Constitution”: 3(2) German Law Journal 2002.
Review of MacCormick Questioning
Sovereignty 41(1) JCMS 2003.
Scotland's Place in Europe ,
London: Constitution Unit, 2001.
Jo
Eric Khushal Murkens