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 five recent publications sorted by author, then title  [change this]

Showing 5 of the most recent publications
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Show All 17 | Selected publications

Brian Cheffins, J Armour and Bernard Black, 'Delaware Corporate Litigation and the Fragmentation of the Plaintiffs' Bar' (2012) Columbia Business Law Review 427 [...]

Since 2000, a growing proportion of lawsuits against directors of public companies incorporated in Delaware have been filed outside Delaware. There has also been a large increase in the likelihood of litigation challenging M&A transactions involving Delaware targets, and the likelihood that suits involving the same transaction will be filed both in Delaware and elsewhere. In this Article we explore one potential cause for these trends—intensified competition between plaintiffs’ law firms. We trace the development of the plaintiffs’ bar from the 1970s to the present and identify three changes that plausibly contributed to the out-of-Delaware trend and a higher litigation rate: (1) stronger competition among plaintiffs’ lawyers specializing in securities litigation also affected the corporate law side of the plaintiffs’ bar; (2) changes in how the Delaware courts selected lead counsel encouraged non-Delaware filing by firms who were unlikely to win lead counsel status in Delaware; (3) potential obstacles associated with launching a suit in a jurisdiction other than Delaware become less of a concern to the plaintiffs’ bar. This Article draws upon data and insights developed more fully in a related policy-oriented paper: “Delaware’s Balancing Act”, 87 Indiana Law Review 1345 ( 2012), and a related empirical paper (“Is Delaware Losing its Cases”, Journal of Empirical Legal Studies (forthcoming 2012)).


ISBN: 08980721

J Armour, Bernard Black and Brian Cheffins, 'Delaware\\\'s Balancing Act' (2012) 87 Indiana Law Journal 1345 [...]

Delaware’s courts and well-developed case law are widely seen as integral elements of Delaware’s success in attracting incorporations. However, as we show using empirical evidence involving reported judicial decisions and filed cases concerning large mergers and acquisitions, leveraged buyouts, and options backdating, Delaware’s popularity as a venue for corporate litigation is under threat. Today, a majority of shareholder suits involving Delaware companies are being brought and decided elsewhere. We examine in this Article the implications of this “out-of-Delaware” trend, emphasizing a difficult balancing act that Delaware faces. If Delaware accommodates litigation too readily, companies, fearful of lawsuits, may incorporate elsewhere. But if plaintiffs’ attorneys find the Delaware courts unwelcoming, they can often file cases in other courts. Delaware could risk losing its status as the de facto national corporate law court, as well as the case flow that lets it provide the rich body of precedent that is part of Delaware’s overall corporate law “brand.” We assess how the Delaware courts and legislature, and Delaware companies, might respond to this threat to Delaware’s pre-eminence as the leading forum for corporate cases, as well as incorporations.


ISBN: 00196665

P Davies and others, 'Response to the European Commission’s Green Paper: The EU Corporate Governance Framework' (2011)

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

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


Courses

The courses we offer in this field are:

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Comparative and European Corporate Law (not offered in 2012-13)

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.

The teaching group comprises Professor J Armour, Dr WG Ringe and Ms J Payne. Teaching consists of a combination of lectures, seminars, and tutorials. Guest lectures by visiting academics may also be given at various points.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Comparative and European Corporate Law (not offered in 2012-13)

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.

The teaching group comprises Professor J Armour, Dr WG Ringe and Ms J Payne. Teaching consists of a combination of lectures, seminars, and tutorials. Guest lectures by visiting academics may also be given at various points.

MSc (Master's in Law and Finance)

Comparative and European Corporate Law (not offered in 2012-13)

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.

The teaching group comprises Professor J Armour, Dr WG Ringe and Ms J Payne. Teaching consists of a combination of lectures, seminars, and tutorials. Guest lectures by visiting academics may also be given at various points.


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: Departmental Lecturer

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Comparative Private Law

News

The Linklaters Chair in Comparative Law

photo of Stefan Vogenauer

The Faculty of Law is delighted to announce that the Professorship of Comparative Law, held by Professor Stefan Vogenauer, Director of the Institute of European and Comparative Law, has become the Linklaters Professorship of Comparative Law.  The Professorship, which is attached to Brasenose College, has been named for the firm in recognition of Linklaters’ support for Law in Oxford [more…]

Discussion Groups

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.

Comparative Law Discussion Group

Publications

Showing five recent publications sorted by author, then title  [change this]

Showing 5 of the most recent publications
Change to sort them by year | title | type OR
Show All 68 | Selected publications

A Braun, 'Burying the Living? The Citation of Legal Writings in English Courts' (2010) 58 American Journal of Comparative Law 27

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 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)

A Braun, 'L’evoluzione del trust nel diritto consuetudinario sudafricano' (2000) Trusts & attività fiduciarie 358

A Braun, 'Professors and Judges in Italy: it Takes Two to Tango' (2006) 26(4) Oxford Journal of Legal Studies 665

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) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase 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.

Comparative Law: Contract (not offered in 2012-13)

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 in English comparing aspects of French and English contract law. Overall, however, the course requires a good reading knowledge of French.

The pattern of teaching will be as follows. Lectures on French contract law will be given in Michaelmas and Hilary Terms by Professor John Cartwright and Dr Solène Rowan respectively. There are seven tutorials, which will be given by Professor John Cartwright and Professor Simon Whittaker, and will normally be spread across Michaelmas and Hilary Terms. However, students taking this paper within the Diploma in Legal Studies will normally take all the tutorials in Hilary Term, since they must first take tutorials in English Contract Law in Michaelmas Term.

Diploma in Legal Studies

Comparative Law: Contract (not offered in 2012-13)

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 in English comparing aspects of French and English contract law. Overall, however, the course requires a good reading knowledge of French.

The pattern of teaching will be as follows. Lectures on French contract law will be given in Michaelmas and Hilary Terms by Professor John Cartwright and Dr Solène Rowan respectively. There are seven tutorials, which will be given by Professor John Cartwright and Professor Simon Whittaker, and will normally be spread across Michaelmas and Hilary Terms. However, students taking this paper within the Diploma in Legal Studies will normally take all the tutorials in Hilary Term, since they must first take tutorials in English Contract Law in Michaelmas Term.

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

European Private Law: Contract

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.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Comparative Law: Contract (not offered in 2012-13) (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 in English comparing aspects of French and English contract law. Overall, however, the course requires a good reading knowledge of French.

The pattern of teaching will be as follows. Lectures on French contract law will be given in Michaelmas and Hilary Terms by Professor John Cartwright and Dr Solène Rowan respectively. There are seven tutorials, which will be given by Professor John Cartwright and Professor Simon Whittaker, and will normally be spread across Michaelmas and Hilary Terms. However, students taking this paper within the Diploma in Legal Studies will normally take all the tutorials in Hilary Term, since they must first take tutorials in English Contract Law in Michaelmas Term.

European Private Law: Contract

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.


People

Comparative Private Law teaching is organized by a Subject Group convened by:

John Cartwright: Professor of the Law of Contract

in conjunction with:

Alexandra Braun: CUF Lecturer
Angus Johnston: CUF Lecturer
Stefan Vogenauer: Linklaters Professor of Comparative Law
Andreas von Goldbeck-Stier: DAAD Lecturer in German and European Union 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

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Comparative Public Law

Publications

Showing five recent publications sorted by author, then title  [change this]

Showing 5 of the most recent publications
Change to sort them by year | title | type OR
Show All 8 | Selected publications

P P Craig, 'Executive Accountability and the Contestability of the Executive Domai' in L Verhey, P Kiiver & S Loeffen (eds), Political Accountability and European Integration ( 2009)

P P Craig, 'Judicial Review of Questions of Law: A Comparative Perspective' in S Rose-Ackerman and P Lindseth (eds), Comparative Administrative Law (Edward Elgar 2011)

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

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)

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

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Comparative Public Law

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.

Teaching is primarily through lectures and seminars in Michaelmas and Hilary terms. Tutorials will be available in Trinity Term. The structure of the course is as follows. In Michaelmas Term there will be lectures which deal with the central aspects of procedural and substantive review in the three systems. The lectures are designed to lay the foundations for eminar discussion that will take place in Hilary Term, and the first half of Trinity Term. The lectures and seminars will cover the following topics: the constitutional foundations of the three systems; procedural review; review for jurisdictional error; improper purposes; irrationality; proportionality; legitimate expectations; equality; and fundamental rights; damages ctions, including damages for losses caused by lawful governmental action.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Comparative Public Law

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.

Teaching is primarily through lectures and seminars in Michaelmas and Hilary terms. Tutorials will be available in Trinity Term. The structure of the course is as follows. In Michaelmas Term there will be lectures which deal with the central aspects of procedural and substantive review in the three systems. The lectures are designed to lay the foundations for eminar discussion that will take place in Hilary Term, and the first half of Trinity Term. The lectures and seminars will cover the following topics: the constitutional foundations of the three systems; procedural review; review for jurisdictional error; improper purposes; irrationality; proportionality; legitimate expectations; equality; and fundamental rights; damages ctions, including damages for losses caused by lawful governmental action.


People

Comparative Public Law teaching is organized by a Subject Group convened by:

Paul Craig: Professor of English Law

in conjunction with:

Simon Whittaker: Professor of European Comparative Law
Alison L Young: CUF Lecturer

Also working in this field, but not involved in its teaching programme:

Michal Bobek: Research Fellow

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