Public Law And Political Theory
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Public Law And Politics
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Author : Stephen Tierney
language : en
Publisher: Routledge
Release Date : 2016-12-05
Public Law And Politics written by Stephen Tierney and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
In a critical engagement with the function of public law and with 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. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.
Foundations Of Public Law
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Author : Martin Loughlin
language : en
Publisher: OUP Oxford
Release Date : 2012-09-27
Foundations Of Public Law written by Martin Loughlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-27 with Law categories.
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.
Public Law And Political Theory
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Author : Martin Loughlin
language : en
Publisher: OUP Oxford
Release Date : 1992
Public Law And Political Theory written by Martin Loughlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with History categories.
The study of public law in the United Kingdom has been hampered for many years by an inadequate appreciation among scholars and students of the importance of understanding the different political theories which underpin different models of public law. This short and highly readable work offers students a straightforward introduction to the relationship between public law and political theory and helps them to comprehend the rich literature on both subjects.
Constitutions And Political Theory
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Author : Jan-Erik Lane
language : en
Publisher: Manchester University Press
Release Date : 1996
Constitutions And Political Theory written by Jan-Erik Lane and has been published by Manchester University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Comparative government categories.
Jan-Erik Lane begins by examining the origins and history of constitutionalism, the doctrine that the state must be regulated by means of a set of institutions that guarantee citizen rights and procedural accountability. He then examines the structure of the state in order to identify the essential elements that constitutional institutions regulate. Lane asks why constitutions exist, and how they matter for society. Finally he seeks out the requirements for a fair and democratic constitution by referring to three key concepts in political theory: justice, equality and the rule of law. The book also offers a comparative survey of formal constitutional arrangements in different countries, and an analysis of how constitutions develop in practice, through the implementation of constitutional and administrative law in a country's courts.
Law And Democracy In Neil Maccormick S Legal And Political Theory
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Author : Agustín José Menéndez
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-03-29
Law And Democracy In Neil Maccormick S Legal And Political Theory written by Agustín José Menéndez and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-29 with Philosophy categories.
This volume offers a collection of articles by leading legal and political theorists. Originally intended as a celebration of MacCormick’s work on the occasion of the completion of the four-volume series on Law, State and Practical Reason, it has turned into a homage and salute after MacCormick’s passing. Cast in MacCormick’s reflexive spirit, the book presents a critical reconstruction of the Scottish philosopher’s work, with the aim of revealing the connections between law and democracy in his writings and furthering his insights in each specific field. Neil MacCormick made outstanding contributions to the understanding of law and democracy under conditions of pluralism. His institutional theory of law has elucidated the close connection between the normative character of law as a means of social integration and legal social practices. This has produced a synthesis of the key insights of the legal and political theories of Kelsen, Hart, Alexy and Dworkin, and has broken new ground by undermining the ‘monolithic’ and ‘nation-state’ centered character of standard legal theories.
Public Law And Political Theory
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Author : Martin Loughlin
language : en
Publisher: OUP Oxford
Release Date : 1992
Public Law And Political Theory written by Martin Loughlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 1992 with Law categories.
The study of public law in the United Kingdom has been hampered for many years by an inadequate appreciation among scholars and students of the importance of understanding the different political theories which underpin different models of public law. This short and highly readable work offers students a straightforward introduction to the relationship between public law and political theory and helps them to comprehend the rich literature on both subjects.
Sovereignty
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Author : Hermann Heller
language : en
Publisher: Oxford University Press
Release Date : 2019-03-19
Sovereignty written by Hermann Heller and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Law categories.
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.
The Fundamental Concepts Of Public Law
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Author : Westel Woodbury Willoughby
language : en
Publisher:
Release Date : 1931
The Fundamental Concepts Of Public Law written by Westel Woodbury Willoughby and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1931 with Constitutional law categories.
Feminist Perspectives On Public Law
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Author : Susan Millns
language : en
Publisher: Routledge
Release Date : 2013-03-04
Feminist Perspectives On Public Law written by Susan Millns and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-04 with Law categories.
Feminist scholarship can provide public lawyers with the critical tools and insights to respond to these new challenges. This collection begins a dialogue between public law and feminism by offering a range of perspectives on contemporary public law themes and topics.
Greed Chaos And Governance
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Author : Jerry L. Mashaw
language : en
Publisher: Yale University Press
Release Date : 1999-01-11
Greed Chaos And Governance written by Jerry L. Mashaw and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-11 with Law categories.
Public choice theory should be taken seriously--but not too seriously. In this thought-provoking book, Jerry Mashaw stakes out a middle ground between those who champion public choice theory (the application of the conventional methodology of economics to political science matters, also known as rational choice theory) and those who disparage it. He argues that in many cases public choice theory's reach has exceeded its grasp. In others, public choice insights have not been pursued far enough by those who are concerned with the operation and improvement of legal institutions. While Mashaw addresses perennial questions of constitutional law, legislative interpretation, administrative law, and the design of public institutions, he arrives at innovative conclusions. Countering the positions of key public choice theorists, Mashaw finds public choice approaches virtually useless as an aid to the interpretation of statutes, and he finds public choice arguments against delegating political decisions to administrators incoherent. But, using the tools of public choice analysts, he reverses the lawyers' conventional wisdom by arguing that substantive rationality review is not only legitimate but a lesser invasion of legislative prerogatives than much judicial interpretation of statutes. And, criticizing three decades of "law reform," Mashaw contends that pre-enforcement judicial review of agency rules has seriously undermined both governmental capacity and the rule of law.