THE EUROPEANIZATION OF UNITED KINGDOM PUBLIC LAW

in Europeanization
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Abstract

This essay examines the dynamics of legal Europeanization by reference to recent developments in United Kingdom public law, placed within a legal cross-fertilization framework. Moving beyond previous theoretical debates about the viability of legal transplants, it is argued that the concept of legal cross-fertilization offers the opportunity to recast understandings of the relationships which have emerged between domestic legal orders and their supranational or international counterparts. In particular, a cross-fertilization analysis highlights the manner in which processes of Europeanization may be structured around the needs and demands of the domestic order. This feature of legal cross-fertilization is seen as particularly relevant in the context of the UK legal order. UK public law is undergoing a far-reaching process of internal realignment that is likely to raise various questions about how the domestic order should evolve. It is suggested that, under these circumstances, UK law might be able to benefit from a closely controlled process of legal cross-fertilization/Europeanization.

Europeanization

Institutions, Identities and Citizenship

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