Public Law And Politics
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Author | : Karin Loevy |
Publisher | : Cambridge University Press |
Total Pages | : 323 |
Release | : 2016-03-11 |
Genre | : Law |
ISBN | : 1316592138 |
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.
Author | : Keith E. Whittington |
Publisher | : OUP Oxford |
Total Pages | : 832 |
Release | : 2010-06-10 |
Genre | : Political Science |
ISBN | : 0191615064 |
The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.
Author | : Emilios A. Christodoulidis |
Publisher | : Ashgate Publishing, Ltd. |
Total Pages | : 236 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9780754673637 |
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 | : Martin Loughlin |
Publisher | : OUP Oxford |
Total Pages | : 528 |
Release | : 2012-09-27 |
Genre | : Law |
ISBN | : 0191648175 |
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 | : Martin Loughlin |
Publisher | : Oxford University Press, USA |
Total Pages | : 188 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780199274727 |
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 | : Blake Emerson |
Publisher | : Oxford University Press, USA |
Total Pages | : 289 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190682876 |
Based on author's thesis (doctoral - Yale University, 2016) issued under title: Between public law and public sphere: reconstructing the American Progressive theory of the administrative state.
Author | : Leslie Johns |
Publisher | : Cambridge University Press |
Total Pages | : 583 |
Release | : 2022-06-09 |
Genre | : Law |
ISBN | : 1108833705 |
Teaches how and why states make, break, and uphold international law using accessible explanations and contemporary international issues.
Author | : Susan K. Sell |
Publisher | : Cambridge University Press |
Total Pages | : 244 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : 9780521525398 |
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Author | : Jerry L. Mashaw |
Publisher | : Yale University Press |
Total Pages | : 256 |
Release | : 1999-01-11 |
Genre | : Law |
ISBN | : 9780300078701 |
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.
Author | : Martin Loughlin |
Publisher | : OUP Oxford |
Total Pages | : 312 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
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.