Constitutions may epitomise national aspirations, but democracy, the rule of law and human rights and related structures, though born out of different philosophical and cultural antecedents are at the basis of all modern Western constitutions and here even the word Western' has been losing its exclusive meaning since 1990s. The most striking rapprochement is the acceptance of principles such as the rule of law, equality, legal certainty, fairness, non-discrimination and all rights and freedoms protected by the ECHR. Such a rapprochement indicates mixing or 'mixite'. In the areas mentioned this rapprochement is mostly as to content but also at times as to structure It has been noted already that transposing of substance or content rather than of form or structure may not necessarily lead ixed legal system however, but to mixed areas of law 4.2 Public law: administrative In administrative law, the established trad itions of controlling the administration are by ordinary courts or a separate hierarchy of courts, and by ordinary remedies or special remedies. Are these the pure ord inary' models? If so, what is a mixed model of dministrative law? Is a special ordinary court, as the Queens Bench is becoming in England not ord inary and therefore a?? Is administrative law in Scotland also a mixin this Bell, looking at different administrative law traditions in Europe and trying to identify principal features of convergence, first establishes four such traditions: the French-influenced systems, the germanic systems, the common law systems and those of the Netherlands and Scandinavia. 12 Obviously, the traditional map of legal families drawn up for private law does not apply here. He then determines four areas of convergence, in values, in changes under pressure exerted by EC law and ECHr case law, in increased legalisation of administrative relations, and in terminology and concepts. 13 As to the dynamics of this convergence, Bell points to legal education(the SOCRATES programme), the involvement of judges and practitioners, international conventions, EC Directives and ECJ/ECHR case law, and common social problems. 14 Public law as a mixed system in Europe comes to life in the realm of administrative law through the contemporary focus on the protection of legitimate interests, the regime of governmental liabil ity for the non-implementation of EC rules, for restitution of unlawfully paid monies, and proportionality 15 These elements are encountered in many legal systems in Europe together with direct transposition of foreign concepts into legal systems. As already noted, the administrative law principles with continental origins most talked about in the UK are legitimate expectations and proportionality, both included in the Governments guide to Id icial review of administration. The Judge over your Shoulder: 16 12J. Bell, Mechanisms for Cross-fertilisation of Adm inistrative Law in Europe, in J. Beatson& T. Tridimas (eds )New Directions in European Public Law, Hart Publishing, Oxford, 1998, 149-151 3bid,153-154 14/bid,158 See J Schwartze(ed ) Administrative Law under European Influence, Sweet Maxwell/Nomos, London, 1996, and J Schwartze, Towards a Common European Public Law(1995)1 European Public Law, 232 6(marCh2000,TreasurySolicitorsOffice),availableathttp://www.open.gov.uk/tsd/judge.htmConstitutions may epitomise national aspirations, but democracy, the rule of law and human rights and related structures, though born out of different philosophical and cultural antecedents, are at the basis of all modern Western constitutions and here even the word ‘Western’ has been losing its exclusive meaning since 1990s. The most striking rapprochement is the acceptance of principles such as the rule of law, equality, legal certainty, fairness, non-discrimination and all rights and freedoms protected by the ECHR. Such a rapprochement indicates ‘mixing’ or ‘mixité’. In the areas mentioned this rapprochement is mostly as to content but also at times as to structure. It has been noted already that transposing of substance or content rather than of form or structure may not necessarily lead to a ‘mixed’ legal system however, but to mixed areas of law. 4.2 Public law: Administrative In administrative law, the established traditions of controlling the administration are by ordinary courts or a separate hierarchy of courts, and by ordinary remedies or special remedies. Are these the pure ‘ordinary’ models? If so, what is a mixed model of administrative law? Is a special ordinary court, as the Queen’s Bench is becoming in England, not ‘ordinary’ and therefore a ‘mix’? Is administrative law in Scotland also a ‘mix’ in this sense? Bell, looking at different administrative law traditions in Europe and trying to identify principal features of convergence, first establishes four such traditions: the French-influenced systems, the Germanic systems, the common law systems and those of the Netherlands and Scandinavia.12 Obviously, the traditional map of legal families drawn up for private law, does not apply here. He then determines four areas of convergence, in values, in changes under pressure exerted by EC law and ECHR case law, in increased legalisation of administrative relations, and in terminology and concepts.13 As to the dynamics of this convergence, Bell points to legal education (the SOCRATES programme), the involvement of judges and practitioners, international conventions, EC Directives and ECJ/ECHR case law, and common social problems.14 Public law as a mixed system in Europe comes to life in the realm of administrative law through the contemporary focus on the protection of legitimate interests, the regime of governmental liability for the non-implementation of EC rules, for restitution of unlawfully paid monies, and proportionality.15 These elements are encountered in many legal systems in Europe together with direct transposition of foreign concepts into legal systems. As already noted, the administrative law principles with continental origins most talked about in the UK are legitimate expectations and proportionality, both included in the Government’s guide to judicial review of administration, The Judge over Your Shoulder. 16 12J. Bell, ‘Mechanisms for Cross-fertilisation of Administrative Law in Europe’, in J. Beatson & T. Tridimas (eds.) New Directions in European Public Law, Hart Publishing, Oxford, 1998, 149-151. 13Ibid., 153-154. 14Ibid., 158. 15See J. Schwartze (ed.), Administrative Law under European Influence, Sweet & Maxwell/Nomos, London, 1996, and J. Schwartze, ‘Towards a Common European Public Law’ (1995) 1 European Public Law, 232. 16(March 2000, Treasury Solicitor’s Office), available at http://www.open.gov.uk/tsd/judge.htm