Despite the failure of the Constitutional Treaty in 2005, Europe truly Essay

Despite the failure of the Constitutional Treaty in 2005, Europe truly has a constitution. This fact gives support to the existe - Essay Example The implication is that the positive impact is founded on the existence of European Public Law. It is important to understand whether European Public Law does exist today and what form it has at present. Various manifestations have been seen throughout the years, including the Roman Law during the Roman Empire (Birkinshaw, 2001). The discussion shall now cover an overview of public law, moving into a more detailed attempt to determine the manifestation of the European Public Law. Discussion Public law implies a system of provisions which manages public activities and affairs. It mainly relates to the application and non-exercise of public powers, including the private actors, legality, and rationality. It also represents provisions which are founded on historical and cultural elements, including political practice (Birkinshaw, 2003). Public law also manifests differently in other European processes where it is indicated via special courts and differentiated from private law as it is not as stable as in the English and Irish laws. There are various incarnations of the European Public Law. ... EU law includes the relations between the EU, the member states, the citizens, EU organizations and agencies, citizens from non-member states, as well as regulatory law. Such regulatory laws have become more imposing throughout the years, with competition laws impacting so much on Europe. A common law of Europe seems to be viewed negatively, even as it supports the growing number of scholars and their research goals in public as well as private law (Birkinshaw, 2003). It is not favourable if it is perceived as a monument being imposed by higher authorities without much consideration to the general sensitivities for member states, possible new members, the Council of Europe, including other non-members (Majone, 2002). The goal of supporters is to secure provisions inching towards common effects and goals. There should be an acceptance on the lack of boundaries in common laws. There are rich sources for common law, including those which relate to human rights, political, and religious ideals. Another possible incarnation for the European Public Law is the European Convention on Human Rights (Birkinshaw, 2001). The success of this law has also impacted on English legal practitioners, specifically in instances where there is an objection to the fact that treaties set by these practitioners seek to prevent the mistakes of the Second World War; such contention has often been used mostly against the UK, not other ratifying countries (Hunt, 1997). English judges have suggested preferences for patriation, not the blending of the Convention into the UK laws with the Human Rights Act of 1998. Even prior to the incorporation, case laws have indicated the focus on common laws on its traditions for the management of human rights, with the inclusion of US and the