The Unity Of Public Law

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The Unity Of Public Law

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Author : Mark Elliott
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-04-19

The Unity Of Public Law written by Mark Elliott and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Law categories.

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.

The Frontiers Of Public Law

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Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-01-09

The Frontiers Of Public Law written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.

This major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.

The Foundations And Future Of Public Law

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Author : Elizabeth Fisher
language : en
Publisher: Oxford University Press
Release Date : 2020-01-30

The Foundations And Future Of Public Law written by Elizabeth Fisher 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 2020-01-30 with Law categories.

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 Concept Of Proportionality In Public Law

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Author : CHUNG Wai Man, Franco
language : en
Publisher: City University of HK Press
Release Date : 2020-06-30

The Concept Of Proportionality In Public Law written by CHUNG Wai Man, Franco and has been published by City University of HK Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-30 with Law categories.

Proportionality is a German, and thus continental European, concept in public law that is applied by both the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The principle specifies that measures adopted by executive authorities should not exceed the limits of what is appropriate and necessary in order to achieve legitimate objectives in the interest of the public. Using a functional comparative approach, this book evaluates the extent to which proportionality has been integrated into the English and Hong Kong judicial systems by comparing case law in these courts with that of the CJEU and the ECtHR. The text also reviews the development of proportionality and presents a topical understanding of why its adoption and application have encountered difficulties, particularly regarding socio-economic rights, in some jurisdictions, such as the United Kingdom and Hong Kong. Written by a scholar with experience from both within the Hong Kong judicial system and from international research, this book is the first all-encompassing reference for legal practitioners worldwide.

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.

The Making And Re Making Of Public Law

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Author : Jason NE Varuhas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-04-17

The Making And Re Making Of Public Law written by Jason NE Varuhas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-04-17 with Law categories.

This volume originates from the fourth Public Law Conference, held in Dublin in 2022. Leading scholars and judges from across the common law world presented papers on the making (and re-making) of public law across country studies, historical studies and studies of contemporary and future issues. The book has three broad categories of contribution: country studies which consider the evolution of public law within a particular jurisdictional context; historical studies, which shed light on the foundations of public law; and studies of contemporary and future issues, namely populism, COVID-19, protection of Indigenous peoples, and the public – private divide.

The Max Planck Handbooks In European Public Law

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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2023

The Max Planck Handbooks In European Public Law written by Armin von Bogdandy 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 2023 with Law categories.

This edited volume reports the antecedents, foundations, organization, basic principles, and challenges to fourteen European constitutions. They include countries with long-lasting and recently amended constitutions, decentralized or unitary, with different political systems and institutional settings.

Commentaries On Universal Public Law

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Author : George Bowyer
language : en
Publisher:
Release Date : 1854

Commentaries On Universal Public Law written by George Bowyer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1854 with Jurisprudence categories.

Complete Public Law

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Author : Lisa Webley
language : en
Publisher: Oxford University Press
Release Date : 2021

Complete Public Law written by Lisa Webley 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 2021 with Law categories.

'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.

Leading Works In Public Law

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Author : Patrick O'Brien
language : en
Publisher: Taylor & Francis
Release Date : 2024-10-08

Leading Works In Public Law written by Patrick O'Brien and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-08 with Law categories.

This book brings together a group of leading scholars working in public law and constitutional theory. It examines accepted leading works of public law while also exploring those that deserve greater attention. Over 13 chapters, a group of leading public law experts each examine one leading work from the UK public law canon. Each chapter critically reflects on the context of a work in public law, taking into account not just the work and its context but also how it shapes and contributes to the broader discipline. The final chapter offers an international overview of the chapters themselves, reflecting critically on the scholarly canon of UK public law from the perspective of American constitutional scholarship. The book will be of interest to scholars and students of constitutional law.