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England – English Public Law

England – English Public Law ENGLAND English Public Law Cosmo Graham* English public law has a number of characteristics that make it distinct from continental European systems. There are perhaps four major differences: the relationship between domestic law and non-domestic law; the dependence on ministerial responsibility as a primary mechanism of accountability; the lack of a distinct system of public law courts; and a reliance on discretionary or formally nonlegal mechanisms to resolve problems. Each of these points requires some further explanation in the context of recent developments in ~ n ~ 1 a n d . l The Relationship between Domestic and Non-domestic Law England famously has a dualist system of law. International law has no effect in this country unless it has been brought into force through the necessary domestic legislation. In other words, it is the domestic legislation which gives the international law obligations their binding force, otherwise they have no effect in and of themselves in domestic law. In this way there cannot be a conflict between the ordinary rules of international law and English domestic law. What about the law of the European Community, certain obligations of which are binding upon Member States whether or not they have http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

England – English Public Law

European Public Law , Volume 1 (2) – Jun 1, 1995

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Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
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Abstract

ENGLAND English Public Law Cosmo Graham* English public law has a number of characteristics that make it distinct from continental European systems. There are perhaps four major differences: the relationship between domestic law and non-domestic law; the dependence on ministerial responsibility as a primary mechanism of accountability; the lack of a distinct system of public law courts; and a reliance on discretionary or formally nonlegal mechanisms to resolve problems. Each of these points requires some further explanation in the context of recent developments in ~ n ~ 1 a n d . l The Relationship between Domestic and Non-domestic Law England famously has a dualist system of law. International law has no effect in this country unless it has been brought into force through the necessary domestic legislation. In other words, it is the domestic legislation which gives the international law obligations their binding force, otherwise they have no effect in and of themselves in domestic law. In this way there cannot be a conflict between the ordinary rules of international law and English domestic law. What about the law of the European Community, certain obligations of which are binding upon Member States whether or not they have

Journal

European Public LawKluwer Law International

Published: Jun 1, 1995

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