The Foundations And Future Of Public Law

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The Foundations and Future of Public Law

Author : Elizabeth Fisher
Publisher : Oxford University Press, USA
ISBN 13 : 0198845243
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Foundations and Future of Public Law by : Elizabeth Fisher

Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press, USA. This book was released on 2020-03-26 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Public Law

Author : Martin Loughlin
Publisher : OUP Oxford
ISBN 13 : 0191648175
Total Pages : 528 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Foundations of Public Law by : Martin Loughlin

Download or read book Foundations of Public Law written by Martin Loughlin and published by OUP Oxford. This book was released on 2012-09-27 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Foundations and Future of Public Law

Author : Elizabeth Charlotte Fisher
Publisher :
ISBN 13 : 9780191880537
Total Pages : 460 pages
Book Rating : 4.8/5 (85 download)

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Book Synopsis The Foundations and Future of Public Law by : Elizabeth Charlotte Fisher

Download or read book The Foundations and Future of Public Law written by Elizabeth Charlotte Fisher and published by . This book was released on 2020 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Questioning the Foundations of Public Law

Author : Michael A Wilkinson
Publisher : Bloomsbury Publishing
ISBN 13 : 1509911685
Total Pages : 378 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Questioning the Foundations of Public Law by : Michael A Wilkinson

Download or read book Questioning the Foundations of Public Law written by Michael A Wilkinson and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Questioning the Foundations of Public Law

Author : Michael A Wilkinson
Publisher : Hart Publishing
ISBN 13 : 9781509941162
Total Pages : 320 pages
Book Rating : 4.9/5 (411 download)

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Book Synopsis Questioning the Foundations of Public Law by : Michael A Wilkinson

Download or read book Questioning the Foundations of Public Law written by Michael A Wilkinson and published by Hart Publishing. This book was released on 2020-09-17 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Legal Foundations of Public Administration

Author : Donald D. Barry
Publisher : Rowman & Littlefield
ISBN 13 : 9780742543805
Total Pages : 386 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis The Legal Foundations of Public Administration by : Donald D. Barry

Download or read book The Legal Foundations of Public Administration written by Donald D. Barry and published by Rowman & Littlefield. This book was released on 2005 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Foundations of Higher Education Law and Policy

Author : Peter F. Lake
Publisher :
ISBN 13 : 9780931654428
Total Pages : 332 pages
Book Rating : 4.6/5 (544 download)

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Book Synopsis Foundations of Higher Education Law and Policy by : Peter F. Lake

Download or read book Foundations of Higher Education Law and Policy written by Peter F. Lake and published by . This book was released on 2011 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Fundamental Concepts of Public Law

Author : Westel Woodbury Willoughby
Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.X/5 (1 download)

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Book Synopsis The Fundamental Concepts of Public Law by : Westel Woodbury Willoughby

Download or read book The Fundamental Concepts of Public Law written by Westel Woodbury Willoughby and published by . This book was released on 1931 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

After Public Law

Author : Cormac Mac Amhlaigh
Publisher : OUP Oxford
ISBN 13 : 0191648000
Total Pages : 328 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis After Public Law by : Cormac Mac Amhlaigh

Download or read book After Public Law written by Cormac Mac Amhlaigh and published by OUP Oxford. This book was released on 2013-05-09 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.

The Max Planck Handbooks in European Public Law: Volume I: The Administrative State

Author : Sabino Cassese
Publisher : Oxford University Press
ISBN 13 : 0191039829
Total Pages : 900 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Max Planck Handbooks in European Public Law: Volume I: The Administrative State by : Sabino Cassese

Download or read book The Max Planck Handbooks in European Public Law: Volume I: The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Unity of Public Law

Author : Mark Elliott
Publisher :
ISBN 13 : 9781509915217
Total Pages : pages
Book Rating : 4.9/5 (152 download)

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Book Synopsis The Unity of Public Law by : Mark Elliott

Download or read book The Unity of Public Law written by Mark Elliott and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.--

Public Law Concentrate

Author : Colin Faragher
Publisher : Oxford University Press, USA
ISBN 13 : 0199609489
Total Pages : 226 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Public Law Concentrate by : Colin Faragher

Download or read book Public Law Concentrate written by Colin Faragher and published by Oxford University Press, USA. This book was released on 2012-01-05 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Theory of Deference in Administrative Law

Author : Paul Daly
Publisher : Cambridge University Press
ISBN 13 : 1107025516
Total Pages : 323 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly

Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

The Public's Law

Author : Blake Emerson
Publisher : Oxford University Press
ISBN 13 : 0190682884
Total Pages : 304 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Public's Law by : Blake Emerson

Download or read book The Public's Law written by Blake Emerson and published by Oxford University Press. This book was released on 2019-02-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Public's Law is a theory and history of democracy in the American administrative state. The book describes how American Progressive thinkers - such as John Dewey, W.E.B. Du Bois, and Woodrow Wilson - developed a democratic understanding of the state from their study of Hegelian political thought. G.W.F. Hegel understood the state as an institution that regulated society in the interest of freedom. This normative account of the state distinguished his view from later German theorists, such as Max Weber, who adopted a technocratic conception of bureaucracy, and others, such as Carl Schmitt, who prioritized the will of the chief executive. The Progressives embraced Hegel's view of the connection between bureaucracy and freedom, but sought to democratize his concept of the state. They agreed that welfare services, economic regulation, and official discretion were needed to guarantee conditions for self-determination. But they stressed that the people should participate deeply in administrative policymaking. This Progressive ideal influenced administrative programs during the New Deal. It also sheds light on interventions in the War on Poverty and the Second Reconstruction, as well as on the Administrative Procedure Act of 1946. The book develops a normative theory of the state on the basis of this intellectual and institutional history, with implications for deliberative democratic theory, constitutional theory, and administrative law. On this view, the administrative state should provide regulation and social services through deliberative procedures, rather than hinge its legitimacy on presidential authority or economistic reasoning.

Proportionality

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1316738663
Total Pages : 353 pages
Book Rating : 4.3/5 (167 download)

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Book Synopsis Proportionality by : Vicki C. Jackson

Download or read book Proportionality written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer substantial critiques, others defend the doctrine and offer important clarifications and extensions of their prior work. Throughout, the authors engage not only with case law from around the world but also with existing scholarly treatments of the subject. Mathematical treatments are avoided, making the book accessible to readers from both 'soft' and hard' social science backgrounds.

Towards the Environmental Minimum

Author : Stefan Theil
Publisher : Cambridge University Press
ISBN 13 : 1108835147
Total Pages : 345 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Towards the Environmental Minimum by : Stefan Theil

Download or read book Towards the Environmental Minimum written by Stefan Theil and published by Cambridge University Press. This book was released on 2021-09-09 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical human rights approach strengthens environmental protection without requiring radical departures from established protection regimes and legal principles.

The Foundations of Australian Public Law

Author : Anthony J. Connolly
Publisher : Cambridge University Press
ISBN 13 : 1316594831
Total Pages : 451 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Foundations of Australian Public Law by : Anthony J. Connolly

Download or read book The Foundations of Australian Public Law written by Anthony J. Connolly and published by Cambridge University Press. This book was released on 2017-05-25 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Foundations of Australian Public Law, Anthony J. Connolly brings together the two traditionally discrete areas of constitutional and administrative law to present Australian public law as a single, integrated body. Exploring the themes of state, power and accountability in Australia, the text also makes reference to the law of international jurisdictions, where students are informed by contemporary public law theory. Particular attention is also given to the rise of global public law and the increasingly cosmopolitan nature of the subject in Australia. A comprehensive companion website complements the theory and discussion throughout the text and includes chapter summaries, further readings and discussion questions to encourage extended student learning. Written by a leader in the field, The Foundations of Australian Public Law is a key text for students looking to gain a comprehensive understanding of public law across Australia's federal, state and territory jurisdictions.