Course objective: The common theme for the two
courses, Advanced
Studies of British Public Law IB and IIB, is the "Challenges of Law (Legal
Studies) in the Age of Globalization." As one of the case studies, this course
(IB) will examine the interactional changes and developments between EU Law and
British Law.
In the late twentieth century, European countries began establishing a macro-regional (European) common governance institution known as the European Communities (EC) / European Union (EU). This institution allows for direct European involvement in the legislative and executive processes that affect the daily lives of people living in the Member States. The EU is, by far, the most effective legal system that publicly regulates expanding transnational economic activities and multinational social problems.
Since its accession to the EC in 1973, the United Kingdom has been influenced by, and has given an influence on EC/EU Law as a Member State.
§ What kind of legal issues
does the UK face?
§
Could
the UK, whose development has historically centered on case law (Common Law),
share the "law" of Continental European countries whose development have
centered on parliamentary legislation.
§ Are there any legal tensions or conflict between the UK and the EU?
To answer these questions, students will learn the legal system of the EU and consider the fundamental constitutional issues that current British Law and EU Law face.