Public Law And Politics
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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.
Questioning The Foundations Of Public Law
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Author : Michael A Wilkinson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-17
Questioning The Foundations Of Public Law written by Michael A Wilkinson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-17 with Law categories.
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.
Institutions Public Law
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Author : Robert A. Kagan
language : en
Publisher: Peter Lang
Release Date : 2005
Institutions Public Law written by Robert A. Kagan and has been published by Peter Lang this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
Institutions & Public Law: Comparative Approaches is a set of essays on the politics of law and courts by leading public law scholars in the United States, Europe, and Latin America. The essays share the view that understanding courts requires attention to the political dynamics that shape judicial design and authority, as well as the position of courts within the broader political system. This volume is essential reading for undergraduate and graduate courses in judicial politics.
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.
Sword And Scales
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Author : Martin Loughlin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2000-07-24
Sword And Scales written by Martin Loughlin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-07-24 with Law categories.
This short and accessible book provides a provocative re-assessment of the various tangled relationships between law and politics and in so doing examines legal and political thinking on such critical areas as justice,the state, constitutionalism and rights. It introduces lawyers especially to certain important themes in some of the key texts in political thought and introduces political scientists to the legal dimensions of a number of central themes of political studies. Written by one of the leading theorists in constitutional law, the book should prove to be an indispensable companion for any student or teacher interested in law and politics. Contents I. Law and Politics in the Conversation of Mankind II. Justice III. The State IV. Constitutionalism V. Conclusions
Emergencies In Public Law
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Author : Karin Loevy
language : en
Publisher: Cambridge University Press
Release Date : 2016-03-11
Emergencies In Public Law written by Karin Loevy and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-11 with Law categories.
Debates about emergency powers traditionally focus on whether law can or should constrain officials in emergencies. Emergencies in Public Law moves beyond this narrow lens, focusing instead on how law structures the response to emergencies and what kind of legal and political dynamics this relation gives rise to. Drawing on empirical studies from a variety of emergencies, institutional actors, and jurisdictional scales (terrorist threats, natural disasters, economic crises, and more), this book provides a framework for understanding emergencies as long-term processes rather than ad hoc events, and as opportunities for legal and institutional productivity rather than occasions for the suspension of law and the centralization of response powers. The analysis offered here will be of interest to academics and students of legal, political, and constitutional theory, as well as to public lawyers and social scientists.
Human Jurisprudence
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Author : Glendon Schubert
language : en
Publisher: University of Hawaii Press
Release Date : 2019-09-30
Human Jurisprudence written by Glendon Schubert and has been published by University of Hawaii Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-30 with Law categories.
This book provides a rare view of a creative scholar at work during a highly productive phase of his career. It shows him as an innovator, theorist, methodologist, “missionary,” critic, and scientist, but he remains, withal, in his fashion, a humanist. He believes that institutions and processes—particularly law, politics, and scholarship—are best understood in human terms. With Holmes, he believes that law is a prediction of what courts will do; hence, to understand law it is necessary to understand judicial behavior. A full explanation of a judge’s behavior would take into account his health (both physical and mental), his personality, his culture and society, and his ideology. Glendon Schubert concedes this but focuses primarily on ideology because he believes the other variables are sublimated in it. Therefore, to him, ideology—attitudes toward human values—is the basic explanation of judicial behavior, and jurisprudence is necessarily human. The studies in this volume are important in the study of judicial behavior, for they broke new ground, and some were forerunners of major books, such as The Judicial Mind, which was published in 1965. Each shows Professor Schubert’s concern at the time they were written, and taken together they show the movement and growth of his ideas and interests.
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.
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.