The Foundations And Future Of Public Law

Author : Elizabeth Fisher,Jeff King,Alison Young
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 43,8 Mb
Release : 2020-03-26
Category : Law
ISBN : 9780198845249

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The Foundations and Future of Public Law by Elizabeth Fisher,Jeff King,Alison Young Pdf

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 : Elizabeth Charlotte Fisher,Jeff King,Alison L. Young
Publisher : Unknown
Page : 460 pages
File Size : 45,9 Mb
Release : 2020
Category : Public law
ISBN : 0191880531

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The Foundations and Future of Public Law by Elizabeth Charlotte Fisher,Jeff King,Alison L. Young Pdf

Author : Michael A Wilkinson,Michael W Dowdle
Publisher : Bloomsbury Publishing
Page : 378 pages
File Size : 51,8 Mb
Release : 2018-05-17
Category : Law
ISBN : 9781509911684

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Questioning the Foundations of Public Law by Michael A Wilkinson,Michael W Dowdle Pdf

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.

Author : Martin Loughlin
Publisher : OUP Oxford
Page : 528 pages
File Size : 45,6 Mb
Release : 2012-09-27
Category : Law
ISBN : 9780191648175

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Foundations of Public Law by Martin Loughlin Pdf

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 : Michael A Wilkinson,Michael W Dowdle
Publisher : Hart Publishing
Page : 320 pages
File Size : 40,8 Mb
Release : 2020-09-17
Category : Law
ISBN : 1509941169

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Questioning the Foundations of Public Law by Michael A Wilkinson,Michael W Dowdle Pdf

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.

Author : Paul Daly
Publisher : Oxford University Press
Page : 321 pages
File Size : 45,6 Mb
Release : 2021
Category : Law
ISBN : 9780192896919

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Understanding Administrative Law in the Common Law World by Paul Daly Pdf

A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Author : Paul Daly
Publisher : Cambridge University Press
Page : 323 pages
File Size : 53,8 Mb
Release : 2012-06-28
Category : Law
ISBN : 9781107025516

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A Theory of Deference in Administrative Law by Paul Daly Pdf

Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Author : Donald D. Barry,Howard R. Whitcomb
Publisher : Rowman & Littlefield
Page : 386 pages
File Size : 43,8 Mb
Release : 2005
Category : Law
ISBN : 0742543803

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The Legal Foundations of Public Administration by Donald D. Barry,Howard R. Whitcomb Pdf

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.

Author : Mark Elliott,Jason Varuhas,Shona Wilson Stark
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2018
Category : Law and globalization
ISBN : 1509915214

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The Unity of Public Law by Mark Elliott,Jason Varuhas,Shona Wilson Stark Pdf

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.--

Author : Westel Woodbury Willoughby
Publisher : Unknown
Page : 530 pages
File Size : 47,6 Mb
Release : 1931
Category : Constitutional law
ISBN : UVA:X001704279

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The Fundamental Concepts of Public Law by Westel Woodbury Willoughby Pdf

Author : Anthony J. Connolly
Publisher : Cambridge University Press
Page : 451 pages
File Size : 47,5 Mb
Release : 2017-05-10
Category : Law
ISBN : 9781107679795

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The Foundations of Australian Public Law by Anthony J. Connolly Pdf

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

Author : Colin Faragher
Publisher : Oxford University Press, USA
Page : 226 pages
File Size : 52,9 Mb
Release : 2012-01-05
Category : Law
ISBN : 9780199609482

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Public Law Concentrate by Colin Faragher Pdf

Accurate and accessible, Concentrate guides enable you to take exams with confidence. Including revision tips and advice for extra marks, alongside a thorough and focussed breakdown of the key topics and cases, this guide will help you to get the most out of your revision and to maximise your performance in exams.

Author : Martin Loughlin
Publisher : Oxford University Press, USA
Page : 188 pages
File Size : 41,9 Mb
Release : 2004
Category : Law
ISBN : 019927472X

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The Idea of Public Law by Martin Loughlin Pdf

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 : Sabino Cassese,Armin von Bogdandy,Peter Huber
Publisher : Oxford University Press
Page : 900 pages
File Size : 52,7 Mb
Release : 2017-07-25
Category : Reference
ISBN : 9780191039829

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The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by Sabino Cassese,Armin von Bogdandy,Peter Huber Pdf

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.

Author : Peter H. Schuck
Publisher : Oxford University Press, USA
Page : 385 pages
File Size : 50,9 Mb
Release : 1994
Category : Law
ISBN : 0195078136

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Foundations of Administrative Law by Peter H. Schuck Pdf

Edited by a leading public law scholar at Yale Law School, Foundations of Administrative Law is the first major reader in the field since the 1970s. It provides 42 readings on the administrative process by prominent legal scholars, political scientists, economists, sociologists, and judges. Offering a rich variety of intellectual perspectives and methodologies, the text examines historical, theoretical, statutory, and comparative aspects of administrative law. Major topics include the theoretical and historical foundations of the administrative state, the federal and state Administrative Procedure Acts, the determinants of agency behavior, different models of procedural justice and effective governance, the control of administrative discretion, comparative administrative process, and the future of the administrative state. Each chapter contains an introduction, notes, questions, and bibliographic references. This volume is part of the Interdisciplinary Readers in Law series (Roberta Romano, General Editor). Designed as a collection of supplementary texts for law school courses, the series collects important essays from leading economists, political scientists, philosophers, historians, and legal scholars, reflecting the broad range of scholarship that informs contemporary law. Other volumes in the series include Foundations of Tort Law (Saul Levmore, Editor), Foundations of Corporate Law (Roberta Romano, Editor), and Foundations of Contract Law (Richard Craswell and Alan Schwartz, Editors).