Comparative Law — Overview
This theme contains three subjects, namely: Comparative and European Corporate Law, Comparative Private Law and Comparative Public Law
Comparative and European Corporate Law
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 9 Comparative and European Corporate Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications
Journal Articles
WG Ringe and J Armour, European Corporate Law 1999-2010: Renaissance and Crisis (2011) 48 Common Market Law Review 125
European corporate law has enjoyed a renaissance in the past decade. Fifteen years ago, this would have seemed most implausible. In the mid-1990s, the early integration strategy of seeking to harmonise substantive company law seemed to have been stalled by the need to reconcile fundamental differences in approaches to corporate governance. Little was happening, and the grand vision of the early pioneers appeared more dream than ambition. Yet since then, a combination of adventurous decisions by the Court of Justice, innovative approaches to legislation by the Commission, and disastrous crises in capital markets has produced a headlong rush of reform activity. The volume and pace of change has been such that few have had time to digest it: not least policymakers, with the consequence that the developments have not always been well coordinated. The recent 2007/08 financial crisis has yet again thrown many - quite fundamental - issues into question. In this article, we offer an overview that puts the most significant developments of this decade into context, alongside each other and the changing patterns of corporate structure in European countries.
Books
WG Ringe and U Bernitz (eds), Company Law and Economic Protectionism - New Challenges to European Integration (OUP 2010)
The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rules are one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples for the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, 'golden shares' or laws on foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents timely research by a number of company law and EU law experts into this field of law. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.
P Davies, R Kraakman, J Armour and L Enriques, The Anatomy of Corporate Law, Second Edition (OUP 2009)
This book explains in detail how and why the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets
ISBN: 978-0-19-956584-9
WG Ringe, Die Sitzverlegung der Europäischen Aktiengesellschaft (Mohr Siebeck 2006)
With the introduction of the new legal form of the European Company Statute ('Societas Europaea') at the end of 2004, European Community lawmakers have created an instrument which enables large European firms to choose a corporate structure which is based on the same standards in all of the European Community. One special advantage of this new legal form is the simplification of cross-border restructuring, in particular the transfer of the corporation's registered office to another country. However, the statutory provisions for this transfer are relatively restrictive and do take the creditors' and shareholders' request for protection into consideration. The book studies the extent to which these newly-created regulations for the transfer of a European Company’s seat comply with the requirements of an authentic legal form of European Community law, and in particular whether or not they are compatible with the basic freedoms stipulated in the EC Treaty.
ISBN: 978-3-16-149102-3
Chapters
WG Ringe, Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited in U Bernitz and WG Ringe (eds), Company Law and Economic Protectionism (OUP 2010)
In the wake of the economic crisis of 2008/09 the debate about the desirability of control-enhancing mechanisms that deviate from the traditional one-share-one-vote standard has been reinvigorated. This debate can be seen in the discourse of policy makers and academics that advocate the introduction of multiple voting rights in an attempt to curb the short-termism that is perceived by many to have provided the prevalent business incentive prior to the financial crisis. Alongside such discourse there buds a renaissance in the use of golden shares, in the hope, inter alia, of protecting European industries against Sovereign Wealth Funds from the Middle and Far East. Most of these proposals appear to be ill-advised. In the continental European context, they would reinforce the existing blockholder-dominated share structures to the detriment of minority shareholders. But even in the UK, where the possible introduction of deviations from OSOV has been advanced, these suggestions have to be greeted with reservations. The current discussion seems to leave well-established legal and economic ground actively to support protectionist market forces.
WG Ringe and D Zimmer, Kommentierung der Art. 7, 8 SE-VO in M Lutter and P Hommelhoff (eds), SE-Kommentar (SE-VO, SEAG, SEBG, Steuerrecht) (Otto Schmidt Verlag, Cologne 2008)
Annotated guide on the European Company Statute
Internet Publications
P Davies and others, Response to the European Commission’s Green Paper: The EU Corporate Governance Framework (2011)
P Davies, The European Private Company (SPE): Uniformity, Flexibility, Competition and the Persistence of National Laws (2010) ECGI Working Paper 154/2010
In 2008 the European Commission put forward proposals for a European Private Company (SPE), following up on the adoption of the European Public Company legislation of 2001. Although speedy adoption of the SPE proposals was initially hoped for, subsequent negotiations among the member states have stalled, despite at least two revised drafts of the proposals having been produced by the Presidency of the European Council. This article seeks to identify the challenges posed to the national company laws of the member states by the Commission’s proposals for a ‘simple and flexible’ Community form of incorporation. It seeks to argue that the discussions among the member states have revolved mainly around the question of the appropriate role for mandatory rules in modern company law. Member states have been reluctant to see the SPE freed from mandatory rules to which their national companies are subject, because of the competition to their national laws which the SPE would generate. On the other hand, member states with few mandatory rules in their domestic law have been reluctant to see the SPE burdened with mandatory rules which do not apply to domestic companies, because otherwise their businesses will be deterred from taking up the new European form and obtaining its advantages. The article predicts that, of the possible legislative solutions to this confl ict, referring more of the rules applicable to the SPE to the national law of the state in which the SPE is registered is likely to be the dominant one, even though this will undermine both the uniformity and flexibility goals of the proposed legislation. It also considers how effective the ‘national law’ strategy is likely to be in the light of the Treaty provisions on freedom of establishment
P Davies, E Schuster and E van de Walle de Ghelcke, The Takeover Directive as a Protectionist Tool? (2010) ECGI Working Paper 141/2010
When the European Commission fi rst proposed a harmonised legal framework for takeovers in the EU, its aim was to facilitate takeover bids in order to create a more effi cient and competitive corporate landscape and to further the single market. In the view of the Commission, a functioning market of corporate control required rebalancing the division of powers between shareholders and management in companies facing a takeover bid. Taking the UK, EU’s most active takeover market, as a model, the Commission proposed to assign the sole decisionmaking power regarding the bid to the shareholders, with management primarily playing an advisory role. This so-called board neutrality rule, however, caused much controversy among the member states, and it was one of the main reasons for the Takeover Directive’s notoriously long adoption history. Failing to achieve consensus on this topic, the Takeover Directive was finally adopted in a “watered down” version, without a mandatory board neutrality rule. Instead, a rather complicated system of “options” was introduced, both at member state and at company level. Although it was clear that this approach would not create the same barrier-free market for corporate control the Commission originally had in mind, it was still hoped that it would be a step in this direction. At the very least, it was certainly expected that this approach would retain the status quo. This paper examines how the implementation of the Directive changed the takeover rules applicable to European companies. To that end, we analyse the pre-implementation rules regarding management’s role in takeovers in all member states, and compare them with the current legal framework. We find that, instead of facilitating the Commission’s ideal of a comprehensive, mandatory board neutrality rule, the Directive has, in aggregate, likely had an opposite effect. We argue that there are signs of protectionist motives driving member states’ choices regarding board neutrality, and we fi nd that the system of company-level choices is ineffective in its current form. We propose a simplifi ed and more coherent board neutrality rule, solely based on shareholder decision making. Acknowledging that a system allowing management to prevent unwanted bids might have advantages over a pure board neutrality rule in certain circumstances, we argue that shareholders are in a better position to decide on the optimal rules for a particular company than legislators.
Courses
The courses we offer in this field are:
Postgraduate
BCL
Comparative and European Corporate Law
The course consists of a comparative study of major areas of the company laws of the UK, continental Europe (in particular, Germany) and the United States as well as an assessment of the work done by the European Union in the field of company law.
The three areas or jurisdictions selected for comparative study have, collectively, had a very significant impact on the development of company law throughout the world. An understanding of these thus assists students in understanding both the content of, and influences upon, many others. The approach taken is both functional and comparative, looking at a series of core problems with which any system of corporate law must deal, and analysing, from a functional perspective, the solutions adopted by the systems in question. The course seeks to situate these solutions in the underlying concepts and assumptions of the chosen systems, as these often provide an explanation for divergences. To this end, the course begins with a contextual overview of ‘systems’ of corporate governance, which material is then applied in the following seminars on more substantive topics. Such a comparative study is intended to enable students to see their own system of company law in a new and more meaningful light, and to be able to form new views about its future development. Finally, a study of the ways in which the European Union is developing company law within its boundaries is also important, not only as illustrating, by a review of the harmonisation programme, the benefits to be derived from a comparative study in practice, but also because it shows new ways in which corporate vehicles can be developed to meet particular policy objectives.
The course assumes students have knowledge of the basic structure of corporate laws, such as would be gained from an undergraduate course (regardless of jurisdiction). MJur students who have previously studied company law in another jurisdiction may find it helpful to take Company Law at the same time.
[less]
MJur
Comparative and European Corporate Law
The course consists of a comparative study of major areas of the company laws of the UK, continental Europe (in particular, Germany) and the United States as well as an assessment of the work done by the European Union in the field of company law.
The three areas or jurisdictions selected for comparative study have, collectively, had a very significant impact on the development of company law throughout the world. An understanding of these thus assists students in understanding both the content of, and influences upon, many others. The approach taken is both functional and comparative, looking at a series of core problems with which any system of corporate law must deal, and analysing, from a functional perspective, the solutions adopted by the systems in question. The course seeks to situate these solutions in the underlying concepts and assumptions of the chosen systems, as these often provide an explanation for divergences. To this end, the course begins with a contextual overview of ‘systems’ of corporate governance, which material is then applied in the following seminars on more substantive topics. Such a comparative study is intended to enable students to see their own system of company law in a new and more meaningful light, and to be able to form new views about its future development. Finally, a study of the ways in which the European Union is developing company law within its boundaries is also important, not only as illustrating, by a review of the harmonisation programme, the benefits to be derived from a comparative study in practice, but also because it shows new ways in which corporate vehicles can be developed to meet particular policy objectives.
The course assumes students have knowledge of the basic structure of corporate laws, such as would be gained from an undergraduate course (regardless of jurisdiction). MJur students who have previously studied company law in another jurisdiction may find it helpful to take Company Law at the same time.
[less]
MSc (Master's in Law and Finance)
Comparative and European Corporate Law
The course consists of a comparative study of major areas of the company laws of the UK, continental Europe (in particular, Germany) and the United States as well as an assessment of the work done by the European Union in the field of company law.
The three areas or jurisdictions selected for comparative study have, collectively, had a very significant impact on the development of company law throughout the world. An understanding of these thus assists students in understanding both the content of, and influences upon, many others. The approach taken is both functional and comparative, looking at a series of core problems with which any system of corporate law must deal, and analysing, from a functional perspective, the solutions adopted by the systems in question. The course seeks to situate these solutions in the underlying concepts and assumptions of the chosen systems, as these often provide an explanation for divergences. To this end, the course begins with a contextual overview of ‘systems’ of corporate governance, which material is then applied in the following seminars on more substantive topics. Such a comparative study is intended to enable students to see their own system of company law in a new and more meaningful light, and to be able to form new views about its future development. Finally, a study of the ways in which the European Union is developing company law within its boundaries is also important, not only as illustrating, by a review of the harmonisation programme, the benefits to be derived from a comparative study in practice, but also because it shows new ways in which corporate vehicles can be developed to meet particular policy objectives.
The course assumes students have knowledge of the basic structure of corporate laws, such as would be gained from an undergraduate course (regardless of jurisdiction). MJur students who have previously studied company law in another jurisdiction may find it helpful to take Company Law at the same time.
[less]
People
Comparative and European Corporate Law teaching is organized by a Subject Group convened by:
John Armour: Hogan Lovells Professor of Law and Finance
in conjunction with:
Paul Davies: Allen & Overy Professor of Corporate Law
Jennifer Payne: Professor of Corporate Finance Law
Wolf-Georg Ringe: DAAD Lecturer in Law and Deputy Director, IECL
[top]
Comparative Private Law
Discussion Group
These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 57 Comparative Private Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications
Journal Articles
2012
A Braun, 'Towards a Greater Autonomy for Testators and Heirs: Some Reflections on Recent Reforms in France, Belgium and Italy' (2012) Zeitschrift für Europäisches Privatrecht
2011
J Cartwright, ''Choice is Good.' Really?' (2011) 7 European Review of Contract Law 335
Discussion of the option 4 (the 'Optional Instrument') in the Commission's Green Paper on policy options for progress towards a European Contract Law for consumers and businesses (2010). [Paper first presented at SECOLA conference, Leuven, January 2011.]
ISBN: 1614-9920
2010
A Braun, 'Burying the Living? The Citation of Legal Writings in English Courts' (2010) 58 American Journal of Comparative Law 27
E Descheemaeker, 'La dualité des torts en droit français (délits, quasi-délits, et la notion de faute) [The Twofoldness of Wrongs in French Law: Delicts, Quasi-delicts, and the Notion of Fault]' (2010) 109 Revue trimestrielle de droit civil 435
Le Code civil contient une faille structurelle : son chapitre 4.3.2 (« des délits et des quasi-délits ») est censé, par construction, se rapporter à la responsabilité fondée sur un délit ou un quasi-délit, c’est-à-dire sur un acte fautif. Pourtant, ce chapitre contient des faits générateurs de responsabilité non-coupables : le contenu ne correspond donc pas au contenant. La cause, c’est que le droit français moderne a réécrit la dichotomie romaine entre obligations ex delicto et quasi ex delicto, lui faisant perdre son caractère exhaustif. Une conséquence en est que la notion de faute a été soumise à une force centrifuge considérable, tendant à la vider de sa condition historique de culpa.
ISBN: 0397-9873
2009
S J Whittaker, 'A Framework of Principle for European Contract Law?' (2009) 125 Law Quarterly Review 616
This article considers the scope, purposes and use of 'principle' by the contract law provisions of the Draft Common Frame of Reference
ISBN: ISSN 0023-933X
2008
S J Whittaker, 'Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between' (2008) European Review of Contract Law 411 – 444
S J Whittaker and C. Banfi del Rio (translator), 'El precedente en el Dercho ingles: una vision desde la ciudadela' (2008) 35 Revista Chilena de Derecho 37
This translates the author's earlier work 'Precedent in English Law: A View from the Citadel' which explains the rules and some of the working out of the precedent by English judges to a non-common law readership.
ISBN: 0726-0747
2007
E Descheemaeker, La question de la fusion de la common law et de l'equity en droit anglais. A propos de l'ouvrage Equity de Sarah Worthington (2007) 41 Thémis 631
Abstract: English judge-made law, like Roman law in its own time, is divided into strict law and equity. Today, this division can be described as hysteretic, insofar as it is based on now by-gone causes. The issue is therefore bound to arise, 130 years after their procedural fusion, of the substantive fusion (or integration) between these two bodies of law. The present shorter article follows up on Professor Worthington’s recent Equity, in which the writer advocated this option and, for the first time, attempted to flesh it out in a methodical fashion. It sets out to examine the taxonomical argument for fusion. Its gist is that the concept of equity, being defined procedurally rather than substantively, is an intruder within the modern English legal landscape, which is dominated by substance-based categories. This means that the only option for equity is to disappear as an autonomous legal category.
English judge-made law, like Roman law in its own time, is divided into strict law and equity. Today, this division can be described as hysteretic, insofar as it is based on now by-gone causes. The issue is therefore bound to arise, 130 years after their procedural fusion, of the substantive fusion (or integration) between these two bodies of law. The present shorter article follows up on Professor Worthington’s recent Equity, in which the writer advocated this option and, for the first time, attempted to flesh it out in a methodical fashion. It sets out to examine the taxonomical argument for fusion. Its gist is that the concept of equity, being defined procedurally rather than substantively, is an intruder within the modern English legal landscape, which is dominated by substance-based categories. This means that the only option for equity is to disappear as an autonomous legal category.
ISBN: 0556-7963
S J Whittaker, 'Form and Substance in the Reception of EC Directives into English Contract Law' (2007) 3 European Review of Contract Law 381
The author explores some of the difficulties facing English lawyers in implementing EC directives in the area of 'contract law' and compares them with those facing lawyers in systems with codified laws.
ISBN: 1614-9920
S J Whittaker, 'La responsabilité pour le fait personnel dans l’avant-projet de réforme du droit de la responsabilité: donner voix aux silences du Code civil?' (2007) 2007(1) Revue des contrats 89
This article criticises the suggested reforms to French extra-contractual liability for fault contained in the L’avant-projet de réforme du droit de la responsabilité (2005) (the 'Avant-projet Catala').
ISBN: 978-2-275-02775-3
2006
A Braun, Professors and Judges in Italy: it Takes Two to Tango (2006) 26(4) Oxford Journal of Legal Studies 665
S J Whittaker, 'On the Development of European Standard Contract Terms' (2006) 2 European Review of Contract Law 51
This article considers the desirability of the development of sector-specific European standard contract terms and puts forward four main reasons why such a development should be given a cool reception.
ISBN: 1614-9920
S J Whittaker, 'Precedent in English Law: A View from the Citadel' (2006) 14 European Review of Private Law 705
This article attempts to explain the doctrine and practice of judicial use of precedent in English law to lawyers from other and especially non common law systems.
2005
S J Whittaker, 'Contractual Control and Contractual Review in England and France' (2005) 13 European Review of Private Law 757
This article compares the use in English and French law of two techniques for the control of the content of contracts: (i) the insertion of standard terms into contracts by law and (ii) the control of the fairness of agreed contract terms. It examines the relationship between these two and considers the different mixtures of public and private law which are revealed.
ISBN: 0928-9801
S J Whittaker, 'Un droit à la prestation plûtot qu’un droit à l’exécution? Réflexions sur l’exécution en nature et réparation en droit anglais' (2005) Revue des contrats 49
Explains the strategy of English law in relation to breach of contract in terms of a right to the subject-matter of the debtor's obligation rather than to performance of the contract by the debtor.
Books
2010
S Vogenauer, H Beale, B Fauvarque-Cosson and JW Rutgers, Ius Commune Casebooks on the Common Law of Europe: Cases, Materials and Text on Contract Law (Hart Publishing 2010)
lxxxiv + 1358 pp. This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General; Formation; Validity; Interpretation and Contents; Supervening Events; Remedies; Third Parties; The Tort/Contract Divide; Causation; Remedies; Fault and Unlawfulness; Liability for Others; Liability not based on fault as well as defences.
ISBN: 9781841136042
2008
J Cartwright and M Hesselink, Precontractual Liability in European Private Law (Cambridge University Press 2008)
A volume within the Common Core of European Private Law: a comparative study of the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The study comprises specialist reports from 16 national legal systems, and other perspectives, with Editors' introduction and conclusions.
ISBN: 9780521516013
S J Whittaker and others, Principles of French Law (2nd edn, OUP 2008)
This book is a general work introducing the French legal system and French substantive law to a non-French (and in particular common law) readership. S. Whittaker is one of the editors and wrote the section on civil procedure and the chapter on the law of obligations.
ISBN: 978-0-19-954138-6
2006
A Braun, Giudici e Accademia nell\'esperienza inglese. Storia di un dialogo (Mulino 2006)
Abstract: A study of the rise of a legal academic profession in England and its relationship with the judiciary. The work investigates whether the role of legal scholarship can still be defined as one of the cardinal differences between the English and the continental legal traditions. The first part of the book traces the history of the formation of a community of legal academics in England from the nineteenth century to the present day, thereby reconstructing the role of the English universities in legal education (Chapter 1). Emphasis is placed on the impact the emergence of the community had on the development of both legal education (Chapter 2) and legal literature (Chapter 3), as well as on the transformation of English legal scholarship over the last three decades (Chapter 4). The second part of the book is dedicated to the study of the relationship between the community of legal academics and the judiciary and its development since the late nineteenth century. As well as an examination of the role and nature of the famous ‘books of authority’ (Chapter 5) and the impact of the traditional convention forbidding the ‘citation of living authors’ (Chapter 6), the second part of the book consists largely of an analysis of the way English judges communicate with the academic profession and the changes in the citation practice of English courts. Attention is also paid to the different ways legal academics assist judges in the decision-making process (Chapter 7). Furthermore, two particular branches of law, restitution and criminal law, are analysed in an attempt to show how academics have contributed to their development (Chapter 8). Finally, the developments in England are placed within the context of the role of academic lawyers in other European legal systems. This book has been reviewed in: (2008) 1 Revista Catalana de Dret Privat (Antoni Vaquer) (forthcoming) (2008) Rivista di diritto comparato pubblico ed europeo (Alessandro Torre) (forthcoming) (2008) 125 Zeitschrift für Rechtsgeschichte (Filippo Ranieri) (forthcoming) (2007) Anuario de Derecho Civil, Tomo LX, fasc. III, 1404 (Esther Arroyo i Amayuelas) (2007) 66 Cambridge Law Journal 474 (John Bell) (2007) 123 Law Quarterly Review 654 (Michele Graziadei) (2006) 55 American Journal of Comparative Law 197 (Patrick Glenn) Selected as one of the ‘Law Books of the Year 2007’ in Germany: (2007) 46 Neue Juristische Wochenschrift, 3332.
ISBN: 8815113487
A Johnston, H. Unberath and B.S. Markesinis, The German Law of Contract: A Comparative Treatise (Hart Publishing 2006)
Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
Chapters
2011
A Braun, 'Testamentary Formalities in Italy' in Kenneth G C Reid, Marius J de Waal, and Reinhard Zimmermann (eds), Comparative Succession Law Volume I: Testamentary Formalities (OUP 2011)
J Cartwright, 'Defects of Consent in Contract Law' in AS Hartkamp, MW Hesselink, EH Hondius, C Mak, CE du Perron (eds), Towards a European Civil Code, 4th edn (Kluwer Law International 2011)
Comparative discussion of defects of consent (mistake, misrepresentation, fraud, duress, etc) in English, French and German contract law and under the Draft Common Frame of Reference.
ISBN: 978-90-411-3357-1
J Cartwright, 'La réception linguistique de l’avant-projet de réforme: traduire l’avant-projet en anglais' in Pierre Catala (ed), L’art de traduction: L’accueil international de l’avant-projet de réforme du droit des obligations (Editions Panthéon-Assas 2011)
Discussion of difficulties of translation of the l’avant-projet de réforme du droit des obligations into English; publication of paper originally given at colloquium at the Senate, Paris, on 1 April 2008.
ISBN: 978-2-913397-99-6
2010
A Braun, 'Judges and Academics: Features of a Partnership' in J Lee (ed), From House of Lords to Supreme Court. Judges, Jurists and the Process of Judging (Hart Publishing, Oxford 2010)
S J Whittaker, 'Contracts for Services in English Law and in the DCFR' in R. Zimmermann (ed), Service Contracts (Mohr Siebeck 2010)
This article explains and assess the category of 'contracts for services' in English law and its relationship to other contracts. It then compares this to the approach taken by the Draft Common Frame of Reference
2009
J Cartwright, 'Interpretation of English Law in Light of the Common Frame of Reference' in H. Snijders and S. Vogenauer (eds), Content and Meaning of National Law in the Context of Transnational Law (Sellier 2009)
Discussion of how English courts may be faced with interpreting the Cmmon Frame of Reference, with particular reference to duties of good faith in negotiation and performance of contacts.
ISBN: 9783866531277
S Vogenauer, 'The Avant-projet de réforme: an Overview' in J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009)
pp. 3-28
S Vogenauer, 'The Effects of Contracts on Third Parties: the Avant-projet de réforme in a Comparative Perspective' in J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009)
pp. 235-268.
S J Whittaker, ''Termination' for Contractual Non-performance and its Consequences: French Law Reviewed in the Light of the Avant-projet de reforme' in J. Cartwrigh, S. Vogenauer, S. Whittaker (eds), Reforming the French Law of Obligations (Richard Hart 2009)
S J Whittaker and others, 'Translating the Avant-projet de réforme' in J. Cartwright, S. Vogenauer, S. Whittaker (eds), Reforming the French Law of Obligations (Richard Hart 2009)
2008
J Cartwright, 'Analyse comparée de la responsabilité précontractuelle dans les droits européens' in O. Deshayes (ed), L’avant-contrat: Actualité du processus de formation des contrats (PUF, collection CEPRISCA 2008)
Comparison of the approaches of different European legal systems to liability between parties during the negotiations for a contract. Published paper from conference on ‘L’avant-contrat’, Le Centre de droit privé et de sciences criminelles d’Amiens, Université de Picardie Jules Verne, 4 April 2007.
ISBN: 978-2-95187-128-1
J Cartwright, 'L’obligation de négocier? Un domaine de concurrence entre droit anglais et droit français des contrats.' in J. du Bois de Gaudusson and F. Ferrand (eds), La Concurrence des Systèmes Juridiques (Presses Universitaires d’Aix-Marseille 2008)
Comparison of the different approaches of French and English law to the acceptance (or not) of an obligation to negotiate during the precontractual phase. Published paper from conference on ‘La concurrence des systèmes juridiques’, Institut de droit comparé Edouard Lambert, Lyon, 20 October 2006
ISBN: 9782731406245
2007
A Braun, 'Revocability of Mutual Wills' in Kenneth G C Reid, Marius J de Waal and Reinhard Zimmermann (eds) (eds), Exploring the Law of Succession: Studies National, Historical and Comparative (Edinburgh Studies in Law, vol. 5, Edinburgh University Press 2007)
S Vogenauer, 'Gli effeti di contratti verso i terzi: L’Avant-projet du réforme in una prospettiva comparatistica' in M Andenas et al (ed), Liber Amicorum Guido Alpa: Private Law Beyond the National Systems (British Institute of International and Comparative Law 2007)
pp. 1000-1036. A comparative analysis of the provisions on contracts for the benefit of third parties in the French 'Avant-projet de réforme du droit des obligations et de la prescription' (2005)
ISBN: 978-1-905221-28-8
S J Whittaker, 'A 'Period of Grace' for Contractual Performance' in M. Andenas, S. Diaz Alabart, Sir Basil Markesinis, H. Micklitz and N. Pasquini (eds), Liber Amicorum Guido Alpa, Private Law Beyond the National Systems (British Institute of International and Comparative Law 2007)
This article (which is an updated version of a paper published in a group of conference papers in Spain in 2002) deals with the question whether a court can give a contractual party further time to perform a contractual obligation (looking at French and English law).
ISBN: 978-1-90522210-28-8
S J Whittaker, 'The Interpretation of Concepts in European Private Law' in K. Boele-Woelski and W. Grosheide (eds), The Future of European Contract Law (Wolters Kluwer 2007)
This short article contrasts the interpretative style of the ECJ with more traditional (and conceptual) styles of 'European private lawyers' and then illustrates this contrast by reference to the decision of the ECJ in EasyCar v OFT
ISBN: 978-90-411-2699-3
S J Whittaker, '\'Contributory Fault and Mitigation; Rights and Reasonableness: Comparisons between English and French Law' in L Tichy (ed), Causation in Law ( 2007)
This article compares the different treatment of a claimant's failure to mitigate his/her own harm in French and English law.
ISBN: 80-85889-93-2
2006
S Vogenauer, 'Sources of Law and Legal Method in Comparative Law' in M Reimann, R Zimmermann (eds), The Oxford Handbook of Comparative Law (Oxford University Press 2006)
Chapter of Handbook.
ISBN: 199296065
S J Whittaker, 'The Terminologies of Civil Protection: Rights, Remedies and Procedures' in B. Pozzo and V. Jacometti (eds), Multilinqualism and the Harmonization of European Law (Kluwer 2006)
This work is also published in Italian as ‘‘La Terminologia della Tutela Civile: Diritti, Rimedi e Procedure’ in B. Pozzo and V. Jacometti (eds.), Le politische linguistiche delle istituzioni comunitarie dopo l’allargamento (2006) The work looks at the terminology describing the rights of parties in a contractual context in English, French and EC law and how this terminology reflects different ways of thinking about the appropriate response of the law to failure to perform
ISBN: 90-411-2532-9
S J Whittaker, 'Theory and Practice of the 'General Clause' in English Law: General Norms and the Structuring of Judicial Discretion'' in S. Grundmann and D. Mazeaud (eds), General Clauses and Standards in European Contract Law ( 2006)
This article explains how an English lawyer would see the notion of a 'general clause' and then gives three types of examples of such a very broad legal norm from English law.
ISBN: 90 411 2432 2
2005
S J Whittaker, 'A Few Observations on the Plurality of Debtors and on their Release' in A Vaquer (ed), La Tercera Parte de Los Principios de Derecho Contractual Europeo, The Principles of European Contract Law Part III (Tirant lo blanch, Valencia 2005)
analyses the provisions of the Principles of European Contract law on the plurality of debtors (joint and several liability) from the point of view of English law and French law.
2004
S J Whittaker, 'Consumer Law and the Distinction between Public and Private Law' in J.-B. Auby and M. Freedland (eds), La distinction du droit public et du droit privé: regards français et britanniques/ The Public Law/Private Law Divide: une entente assez cordiale (Ed. Panthéon Assas 2004)
A brief article exploring how consumer protection relates to the distinction between public and private law (with reference to French and English law)
ISBN: 2-913397-28-X
Edited books
2010
S Vogenauer, J Cartwright and S Whittaker (eds), Regards comparatistes sur l'avant-projet de réforme du droit des obligations et de la prescription (Société de législation comparée (Droit privé comparé et européen, vol 9) 2010)
S Vogenauer, Christopher Hodges and Magdalena Tulibacka (eds), The Costs and Funding of Civil Litigation: A Comparative Perspective (Hart Publishing 2010)
xviii + 562 pp. This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of the costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. They also note the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions.
ISBN: 1849461023
S J Whittaker (ed), Introduction to fault in product liability (Cambridge University Press 2010)
This forms the introduction and general overview of the work which I also edited on the historical development of product liability in 6 European laws. It forms part of a wider AHRD project on Legal Development (the first stage of which focussed on the development of liability for fault) run by John Bell and David Ibbetson of Cambridge.
ISBN: ISBN 978-0-521-49429
S J Whittaker (ed), The development of product liability in England (Cambridge University Press 2010)
This essay explains the development of product liability in English law
2009
J Cartwright, S Vogenauer and S Whittaker (eds), Reforming the French Law of Obligations (Hart Publishing 2009)
Edited volume of comparative reflections on the Avant-projet de réforme du droit des obligations et de la prescription, based on papers from colloquium held in March 2007. Articles by J. Cartwright at pp. 51-70 (‘Negotiation and Renegotiation: An English Perspective’), pp. 359-380 (‘Reforming the French Law of Prescription: An English Perspective’); and pp. 409-411 (Summary of discussions); jointly with S. Whittaker at pp. 425-444 (‘Translating the Avant-projet de réforme’) and translation of the Avant-projet into English (pp. 479-915, odd numbered pages). Whole volume edited by J. Cartwright, S. Vogenauer and S. Whittaker
ISBN: 9781841138053
S Vogenauer, John Cartwright and Simon Whittaker (eds), Reforming the French Law of Obligations: Comparative Observations on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (Hart Publishing 2009)
The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume (xx + 930 pp) is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation.
ISBN: 978-1-84-113805-3
Internet Publications
2009
S J Whittaker, La protection du consommateur contre les clauses abusives en Grande Bretagne (2009) Commission des clauses abusives, France
2007
J Cartwright and S Whittaker, Proposals for Reform of the Law of Obligations and the Law of Prescription; English translation of Avant-projet de réforme du droit des obligations et de la prescription (2005) (2007)
Official translation into English of the Avant-projet de réforme du droit des obligations et de la prescription. Revised translation (2008) is published in J. Cartwright, S. Vogenauer and S. Whittaker: Reforming the French Law of Obligations (Hart Publishing, 2009)
S J Whittaker and John Carwright, Proposals for Reform of the Law of Obligations and the Law of Prescription; English translation of Avant-projet de réforme du droit des obligations et de la prescription (2005) (2007)
This translation (running to c. 100,000 words covers the proposed changes to the French Civil Code's law of contract, civil liability, unjustified enrichment and prescription, together with the introductory preambles and notes. At present it is published on the French Ministry of Justice Website (we were invited by the organiser of the project to make the translation for this purpose), but we shall republish it with notes etc and essays from 16 or so French and other colleagues later this year.
Case Notes
2006
J Cartwright, 'Cour de Cass, Ass Plén, 6 décembre 2004: English case note' (2006) 14 European Review of Private Law 789 [Case Note]
Comparative (English/French law)case note on recent leading decision in French law on the transfer of the benefit of a rent guarantee.
ISBN: 0928-9801
Reviews
2010
E Descheemaeker, Review of J. Cartwright, S. Vogenauer and S. Whittaker (eds.), Reforming the French Law of Obligations. Comparative Reflections on the Avant-projet de réforme du droit des obligations et de la prescription (the ‘Avant-projet Catala’) (2010) 73 Modern Law Review 1086 [Review]
2006
E Descheemaeker, Review of Sarah Worthington, Equity (2006) 58 Revue internationale de droit comparé 1025 [Review]
2004
E Descheemaeker, Review of Eltjo Schrage (ed.), Negligence. The Comparative Legal History of the Law of Torts (2004) 56 Revue internationale de droit comparé 261 [Review]
2002
E Descheemaeker, Review of Peter Birks (ed.), English Private Law (2002) 54 Revue internationale de droit comparé 869 [Review]
Reports
2009
S J Whittaker, The 'Draft Common Frame of Reference': An Assessment (2009) Ministry of Justice of the United Kingdom 168 pages
Courses
The courses we offer in this field are:
Undergraduate
FHS - Final Year (Phase III)
The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe). Phase II of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.
[less]
This course centres on a comparison of the general principles governing the law of contract in French and in English law, choosing this topic both because of its substantive interest and because it is a good place from which to embark on comparative legal studies. For this reason, the course is arranged in two parts. The first introductory part (representing one tutorial week) looks at very general features of the French legal system, especially as regards the sources of the law, and it invites comparisons with the apparently very different approaches of English law. The second part of the course (representing six tutorial weeks) looks at the French and English general laws of contract both from the point of view of their own substantive principles and as the context for the illustration and elucidation of the more general questions addressed in the first part. While the material itself is necessarily restricted, the provisions of the Code civil and examples of the case-law and juristic writing (la doctrine) are studied. Comparisons may include those drawn at the level of principle, underlying values, legal technique or practical result.
Students taking this course may come from either a common law or a civil law background, but the reading set for the course focuses on (though is not limited to) the French materials, it being assumed that the students taking the course have already undertaken studies in English general contract law. The French sources are studied in French, though there are a number of introductory works on French law and French contract law in English (including Bell, Boyron and Whittaker, Principles of French Law and Nicholas, The French Law of Contract) and articles comparing aspects of French and English contract law. A good deal of the French material for the course is contained in Kahn-Freund, Lévy and Rudden, A Source Book of French Law. Overall, therefore, the course requires a good reading knowledge of French.
[less]
Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
[less]
This course centres on a comparison of the general principles governing the law of contract in French and in English law, choosing this topic both because of its substantive interest and because it is a good place from which to embark on comparative legal studies. For this reason, the course is arranged in two parts. The first introductory part (representing one tutorial week) looks at very general features of the French legal system, especially as regards the sources of the law, and it invites comparisons with the apparently very different approaches of English law. The second part of the course (representing six tutorial weeks) looks at the French and English general laws of contract both from the point of view of their own substantive principles and as the context for the illustration and elucidation of the more general questions addressed in the first part. While the material itself is necessarily restricted, the provisions of the Code civil and examples of the case-law and juristic writing (la doctrine) are studied. Comparisons may include those drawn at the level of principle, underlying values, legal technique or practical result.
Students taking this course may come from either a common law or a civil law background, but the reading set for the course focuses on (though is not limited to) the French materials, it being assumed that the students taking the course have already undertaken studies in English general contract law. The French sources are studied in French, though there are a number of introductory works on French law and French contract law in English (including Bell, Boyron and Whittaker, Principles of French Law and Nicholas, The French Law of Contract) and articles comparing aspects of French and English contract law. A good deal of the French material for the course is contained in Kahn-Freund, Lévy and Rudden, A Source Book of French Law. Overall, therefore, the course requires a good reading knowledge of French.
[less]
Postgraduate
BCL
European Private Law: Contract (not offered in 2011-12)
European Private Law is an emerging and dynamic subject. It concerns the gradual approximation and harmonisation of the national private laws of the European Union's Member States, one of the most fascinating contemporary developments in the law. The Europeanisation of private law has two dimensions. One is fairly imminent and extremely relevant to legal practice. It concerns the implications of existing legislation and case-law emanating from the organs of the EU for national private laws. The other is more forward-looking and rather of a scholarly nature. It relates to a number of academic proposals for common European rules and principles in the area of private law, based on thorough comparative research. Thus European Private Law combines issues from at least three branches of legal scholarship, ie European Law, (national) Private Law and Comparative Law.
The course attempts to combine these disciplines, constantly approaching particular problems from a European point of view as well as from the perspective of various national private laws, thus necessarily adopting a comparative approach. The course first considers fundamental questions relating to the desirability, the constitutional legitimacy and the feasibility of the harmonisation of Private Law in Europe. An overview of the existing state of European Private Law, the imminent developments and the long-term proposals by various groups of academics is provided. The main part of the course consists in the study of a limited number of specific substantive issues taken from one of the core areas of private law, the law of contract. These are studied, as far as possible, with reference to primary materials, ie legislation and case law, and are likely to include topics such as pre-contractual liability, formation of contract, third parties in contract, mistake, good faith, standard terms, supervening events, breach of contract and remedies. Examples from national legal systems will mainly be drawn from English, French and German law. If, however, another legal system offers an interesting and original solution this will also be taken into account.
This approach already indicates that the course does not aspire to cover the whole of contract law with all its, say, constitutional and procedural implications, in all or even the most important European legal systems, but is rather of a more topical nature. The search is for – common or diverging – solutions to legal problems arising in all legal systems (including EU law and recent proposals for further harmonisation). These are looked at both from a rather technical point of view and with respect to the underlying principles so that a balance between ‘black letter’ law and general policy issues is struck. Participants will thus be in a position to evaluate the status quo of European contract law(s), the potential for further harmonisation and the methodological implications of this process. The principal objective of the course is to enable students to acquire knowledge and understanding in the area of European Private Law and to discuss and assess critically at an advanced level the legal and policy issues arising therefrom. Participants may expect to gain a deeper understanding of the nature of contract law, basic knowledge of the major European traditions in this area of the law and the ability to master a wide range of strongly heterogeneous sources – all of which are competences and skills of increasing importance in a Europe growing together.
[less]
MJur
Comparative Law: Contract (also part of the BA course)
This course centres on a comparison of the general principles governing the law of contract in French and in English law, choosing this topic both because of its substantive interest and because it is a good place from which to embark on comparative legal studies. For this reason, the course is arranged in two parts. The first introductory part (representing one tutorial week) looks at very general features of the French legal system, especially as regards the sources of the law, and it invites comparisons with the apparently very different approaches of English law. The second part of the course (representing six tutorial weeks) looks at the French and English general laws of contract both from the point of view of their own substantive principles and as the context for the illustration and elucidation of the more general questions addressed in the first part. While the material itself is necessarily restricted, the provisions of the Code civil and examples of the case-law and juristic writing (la doctrine) are studied. Comparisons may include those drawn at the level of principle, underlying values, legal technique or practical result.
Students taking this course may come from either a common law or a civil law background, but the reading set for the course focuses on (though is not limited to) the French materials, it being assumed that the students taking the course have already undertaken studies in English general contract law. The French sources are studied in French, though there are a number of introductory works on French law and French contract law in English (including Bell, Boyron and Whittaker, Principles of French Law and Nicholas, The French Law of Contract) and articles comparing aspects of French and English contract law. A good deal of the French material for the course is contained in Kahn-Freund, Lévy and Rudden, A Source Book of French Law. Overall, therefore, the course requires a good reading knowledge of French.
[less]
European Private Law: Contract (not offered in 2011-12)
European Private Law is an emerging and dynamic subject. It concerns the gradual approximation and harmonisation of the national private laws of the European Union's Member States, one of the most fascinating contemporary developments in the law. The Europeanisation of private law has two dimensions. One is fairly imminent and extremely relevant to legal practice. It concerns the implications of existing legislation and case-law emanating from the organs of the EU for national private laws. The other is more forward-looking and rather of a scholarly nature. It relates to a number of academic proposals for common European rules and principles in the area of private law, based on thorough comparative research. Thus European Private Law combines issues from at least three branches of legal scholarship, ie European Law, (national) Private Law and Comparative Law.
The course attempts to combine these disciplines, constantly approaching particular problems from a European point of view as well as from the perspective of various national private laws, thus necessarily adopting a comparative approach. The course first considers fundamental questions relating to the desirability, the constitutional legitimacy and the feasibility of the harmonisation of Private Law in Europe. An overview of the existing state of European Private Law, the imminent developments and the long-term proposals by various groups of academics is provided. The main part of the course consists in the study of a limited number of specific substantive issues taken from one of the core areas of private law, the law of contract. These are studied, as far as possible, with reference to primary materials, ie legislation and case law, and are likely to include topics such as pre-contractual liability, formation of contract, third parties in contract, mistake, good faith, standard terms, supervening events, breach of contract and remedies. Examples from national legal systems will mainly be drawn from English, French and German law. If, however, another legal system offers an interesting and original solution this will also be taken into account.
This approach already indicates that the course does not aspire to cover the whole of contract law with all its, say, constitutional and procedural implications, in all or even the most important European legal systems, but is rather of a more topical nature. The search is for – common or diverging – solutions to legal problems arising in all legal systems (including EU law and recent proposals for further harmonisation). These are looked at both from a rather technical point of view and with respect to the underlying principles so that a balance between ‘black letter’ law and general policy issues is struck. Participants will thus be in a position to evaluate the status quo of European contract law(s), the potential for further harmonisation and the methodological implications of this process. The principal objective of the course is to enable students to acquire knowledge and understanding in the area of European Private Law and to discuss and assess critically at an advanced level the legal and policy issues arising therefrom. Participants may expect to gain a deeper understanding of the nature of contract law, basic knowledge of the major European traditions in this area of the law and the ability to master a wide range of strongly heterogeneous sources – all of which are competences and skills of increasing importance in a Europe growing together.
[less]
People
Comparative Private Law teaching is organized by a Subject Group convened by:
John Cartwright: Professor of the Law of Contract
in conjunction with:
Stefan Vogenauer: Professor of Comparative Law
Simon Whittaker: Professor of European Comparative Law
Also working in this field, but not involved in its teaching programme:
Maris Köpcke Tinturé: Fellow in Law, Worcester College (Lecturer in Law, Brasenose College)
Dorota Leczykiewicz: Leverhulme Trust Early Career Fellow
[top]
Comparative Public Law
Publications
Showing all[*] publications sorted by type, then year, author, title [change this]
Showing all 6 Comparative Public Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent publications
Journal Articles
P Eleftheriadis, 'Constitutional Reform and the Rule of Law in Greece' (2005) 28 West European Politics 317
A critical analysis of the last ten years of constitutional developments in Greece
ISBN: 0140-2382
Chapters
K S Ziegler and others, 'Constitutionalism and the Role of Parliaments' in K Ziegler, D Baranger and AW Bradley (eds), Constitutionalism and the Role of Parliaments (Oxford, Hart Publishing 2007)
P Eleftheriadis, 'The Rule of Law in Modern Greece' in Kevin Featherstone (ed), Politics and Policy in Greece: The Challenge of Modernisation (Routledge, London 2006)
K S Ziegler, The Model of a Parliamentary Army under the German Constitution in House of Lords Select Committee on the Constitution (ed), Waging War: Parliament’s Role and Responsibility (15th Report of Session 2005-06), Volume II: Evidence (HL Paper 236-II) (London, The Stationery Office 2006)
Written Evidence submitted to the House of Lords Constitution Committee in its inquiry on war-making powers
Edited books
K S Ziegler and others (eds), Constitutionalism and the Role of Parliaments (Oxford, Hart Publishing 2007)
Presentation/Conference contributions
M R Freedland, 'Government by Contract Re-examined-- Some Functional Issues', paper presented at Oxford University Press 123
A chapter on the law and practice of government contracting in 'Law and Administration in Europe - Essays in Honour of Carol Harlow, edited by P Craig and R Rawlings.
ISBN: 0-19-926537-2
Courses
The courses we offer in this field are:
Postgraduate
BCL
Judicial protection against unlawful (and sometimes lawful) legislative and administrative acts or rules is of concern to individuals and companies in a variety of contexts. This course covers the central aspects of procedural and substantive judicial review under the public law of England, France and the European Union. The course will consider these issues against the constitutional framework which exists in the three systems. Throughout the course the emphasis will be on making comparisons between the different systems. To facilitate this each of the topics studied will be analysed within the same week's work.
The principal course objective is to enable students to acquire knowledge and understanding of the law in this area, and to be able to discuss at an advanced level elements of public law as they are evolving in England, France, and in the EU.
It is possible to undertake the course exclusively on the basis of English language materials, but the ability to read French is an advantage, since some of the secondary sources on French law are only available in the French language. There are, however, translations of the French case law used in the course.
Advice on this and other aspects of the course is available from the course convenor, Professor P P Craig (St. Johns College). The course is taught by Professor P P Craig, S. Boyron and Dr A Young.
[less]
MJur
Judicial protection against unlawful (and sometimes lawful) legislative and administrative acts or rules is of concern to individuals and companies in a variety of contexts. This course covers the central aspects of procedural and substantive judicial review under the public law of England, France and the European Union. The course will consider these issues against the constitutional framework which exists in the three systems. Throughout the course the emphasis will be on making comparisons between the different systems. To facilitate this each of the topics studied will be analysed within the same week's work.
The principal course objective is to enable students to acquire knowledge and understanding of the law in this area, and to be able to discuss at an advanced level elements of public law as they are evolving in England, France, and in the EU.
It is possible to undertake the course exclusively on the basis of English language materials, but the ability to read French is an advantage, since some of the secondary sources on French law are only available in the French language. There are, however, translations of the French case law used in the course.
Advice on this and other aspects of the course is available from the course convenor, Professor P P Craig (St. Johns College). The course is taught by Professor P P Craig, S. Boyron and Dr A Young.
[less]
People
Comparative Public Law teaching is organized by a Subject Group convened by:
Paul Craig: Professor of English Law
in conjunction with:
Mark Freedland: Professor of Employment Law
Simon Whittaker: Professor of European Comparative Law
Alison L Young: CUF Lecturer
Katja Ziegler: Reader in European and Comparative Law, Erich Brost University Lecturer
Also working in this field, but not involved in its teaching programme:
Michal Bobek: Anglo-German Fellow
Matthias Klatt: Research Fellow
Paolo Ronchi: DPhil student
[top]
