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Foundations of Public Law

Foundations of Public Law PDF Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 9780199669462
Category : Law
Languages : en
Pages : 528

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Book Description
This book develops Martin Loughlin's distinctive and provocative theory of public law, first outlined in The Idea of Public Law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.

Foundations of Public Law

Foundations of Public Law PDF Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 9780199669462
Category : Law
Languages : en
Pages : 528

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Book Description
This book develops Martin Loughlin's distinctive and provocative theory of public law, first outlined in The Idea of Public Law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.

The Foundations of Public Law

The Foundations of Public Law PDF Author: Keith Syrett
Publisher: Palgrave MacMillan
ISBN: 9780230236431
Category : Constitutional law
Languages : en
Pages : 293

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Book Description
This is an insightful, thought-provoking and up to date study of public law for those embarking upon courses in the British constitution and government. It is ideal as pre-course and introductory reading and as an ongoing companion to a main course textbook.

The Foundations and Future of Public Law

The Foundations and Future of Public Law PDF Author: Elizabeth Fisher
Publisher: Oxford University Press, USA
ISBN: 0198845243
Category : Law
Languages : en
Pages : 481

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Book Description
Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Questioning the Foundations of Public Law

Questioning the Foundations of Public Law PDF Author: Michael A Wilkinson
Publisher: Bloomsbury Publishing
ISBN: 1509911693
Category : Law
Languages : en
Pages : 288

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Book Description
In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

The Foundations of Australian Public Law

The Foundations of Australian Public Law PDF Author: Anthony J. Connolly
Publisher: Cambridge University Press
ISBN: 1316594831
Category : Law
Languages : en
Pages :

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Book Description
In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.

Foundations of Public Law

Foundations of Public Law PDF Author: Martin Loughlin
Publisher: OUP Oxford
ISBN: 0191648175
Category : Law
Languages : en
Pages : 528

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Book Description
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

The Legal Foundations of Public Administration

The Legal Foundations of Public Administration PDF Author: Donald D. Barry
Publisher: Rowman & Littlefield
ISBN: 9780742543805
Category : Law
Languages : en
Pages : 386

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Book Description
The third edition of this highly respected textbook introduces students of public administration to the practical issues of administrative law. While useful to law school students, it is most relevant to public management students. The presentation provides a concise foundation to the history and theory of administrative law, rule making, and judicial decisions. The most important issues in administrative law are included--meaningful issues for present and future administrators. A larger number of recent cases and other up-to-date information will be found in the book in order to make the student aware of the kinds of legal problems likely to be encountered in public agencies. One or two cases illustrate each problem at hand, rather than discussing numerous arcane court decisions and technicalities of legal procedure, in order to sketch the broad contours of the present law.

The Foundations and Future of Public Law

The Foundations and Future of Public Law PDF Author: Elizabeth Fisher
Publisher: Oxford University Press
ISBN: 0192583913
Category : Law
Languages : en
Pages : 448

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Book Description
Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

The Foundations of Australian Public Law

The Foundations of Australian Public Law PDF Author: Anthony J. Connolly
Publisher: Cambridge University Press
ISBN: 1107679796
Category : Law
Languages : en
Pages : 451

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Book Description
Introduction : what is Australian public law? -- Constitution I : the history of the Australian state -- Constitution II : the structure of the Australian state -- Legitimation : justifying state power -- Legislation : making valid law -- Administration : governing lawfully -- Adjudication : determining and applying law -- Validation : reviewing state action -- Protection : human rights and Australian public law -- Direction : future trends in Australian public law

The Max Planck Handbooks in European Public Law

The Max Planck Handbooks in European Public Law PDF Author: Sabino Cassese
Publisher: Oxford University Press
ISBN: 0198726406
Category : Law
Languages : en
Pages : 705

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Book Description
"The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration"--Provided by the publisher.