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Author: Martin Loughlin Publisher: Oxford University Press, USA ISBN: 9780199274727 Category : Law Languages : en Pages : 188
Book Description
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law in governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Readership: Advanced students and scholars in public law; political theorists and students of political theory. Also the relatively small number of barristers and judges who specialise in public law.
Author: Martin Loughlin Publisher: Oxford University Press, USA ISBN: 9780199274727 Category : Law Languages : en Pages : 188
Book Description
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law in governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Readership: Advanced students and scholars in public law; political theorists and students of political theory. Also the relatively small number of barristers and judges who specialise in public law.
Author: Martin Loughlin Publisher: Oxford University Press ISBN: 0199267235 Category : Law Languages : en Pages : 206
Book Description
1. INTRODUCTION 2. GOVERNING 3. POLITICS 4. REPRESENTATION 5. SOVEREIGNTY 6. CONSTITUENT POWER 7. RIGHTS 8. THE NATURE AND METHOD OF PUBLIC LAW.
Author: Martin Loughlin Publisher: OUP Oxford ISBN: 0191648175 Category : Law Languages : en Pages : 528
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.
Author: Elisabeth Zoller Publisher: Martinus Nijhoff Publishers ISBN: 9047440471 Category : Law Languages : en Pages : 304
Book Description
Introduction to Public Law offers a new approach to public law, defined as the law of the public good, by drawing on historical and comparative analysis of England, France, Germany and the United States.
Author: Emilios A. Christodoulidis Publisher: Ashgate Publishing, Ltd. ISBN: 9780754673637 Category : Law Languages : en Pages : 236
Book Description
In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.
Author: Elizabeth Fisher Publisher: Oxford University Press, USA ISBN: 0198845243 Category : Law Languages : en Pages : 481
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.
Author: Hermann Heller Publisher: Oxford University Press ISBN: 0192538500 Category : Law Languages : en Pages : 208
Book Description
Hermann Heller was one of the leading public lawyers and legal and political theorists of the Weimar era, whose main interlocutors were two of the giants of twentieth century legal and political thought, Hans Kelsen and Carl Schmitt. In this 1927 work, Hermann Heller addresses the paradox of sovereignty. That is, how the sovereign can be both the highest authority and subject to law. Unlike Kelsen and Schmitt, who seek to dissolve the paradox, Heller sees that the tensions the paradox highlights are an essential part of a society ruled by law. Sovereignty, in the sense of national and popular sovereignty, is often perceived today as being under threat, as power devolves from nation states to international bodies, and important decisions seem increasingly made by elite-dominated institutions. Hermann Heller wrote Sovereignty in 1927 amidst the very similar tensions of the Weimar Republic. In an exploration of history, constitutional and political theory, and international law, Heller speaks clearly to our contemporary concerns, and shows that democrats must defend a legal idea of sovereignty suitable for a pluralistic world.
Author: Jerry L. Mashaw Publisher: ISBN: 9780300066777 Category : Law Languages : en Pages : 231
Book Description
In this text the author presents a middle ground between those who champion public choice theory and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp and that in others public choice insights have not been pursued far enough.
Author: Daniel A. Farber Publisher: Edward Elgar Pub ISBN: 9781847206749 Category : Law Languages : en Pages : 502
Book Description
'. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.' - Sanja Bogojevi?, Climate Law
Author: Martin Loughlin
Author: Martin Loughlin
Author: Martin Loughlin
Author: Martin Loughlin
Author: Westel Woodbury Willoughby
Author: Elisabeth Zoller
Author: Emilios A. Christodoulidis
Author: Elizabeth Fisher
Author: Hermann Heller
Author: Jerry L. Mashaw
Author: Daniel A. Farber