The Unity Of Public Law

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The Unity of Public Law?

Author : Mark Elliott
Publisher : Bloomsbury Publishing
ISBN 13 : 1509915192
Total Pages : 472 pages
Book Rating : 4.5/5 (99 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 Bloomsbury Publishing. This book was released on 2018-04-19 with total page 472 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.

The Unity of Public Law

Author : David Dyzenhaus
Publisher : Hart Publishing
ISBN 13 : 1841134341
Total Pages : 519 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis The Unity of Public Law by : David Dyzenhaus

Download or read book The Unity of Public Law written by David Dyzenhaus and published by Hart Publishing. This book was released on 2004-03 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

The Concept of Unity in Public International Law

Author : Mario Prost
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319173
Total Pages : 226 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Concept of Unity in Public International Law by : Mario Prost

Download or read book The Concept of Unity in Public International Law written by Mario Prost and published by Bloomsbury Publishing. This book was released on 2012-03-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Fragmentation' has become a defining, albeit controversial, metaphor of international law scholarship in the era of globalisation. Some scholars see it as a new development, others as history repeating itself; some approach it as a technical issue and some as the reflection of deeper political struggles. But there is near-consensus about the fact that the established vision of international law as a unitary whole is under threat. At the core of the fragmentation debate lies the concept of unity, but this is hardly ever rationalised and is more assumed than explained. Its meaning remains vague and intuitive. 'The Concept of Unity in Public International Law' attempts to dispel that vagueness by exploring the various possible meanings of the concept of unity in international law. However, eschewing one grand theory of unity, it identifies and compares five candidates. Intentionally pluralistic in its outlook, the book does not engage in normative arguments about whether international law is or should be unitary but seeks to show instead that the concept of unity is contested and that discourses on fragmentation are necessarily contingent. The thesis on which the book is based won the 2009 Prize for best doctoral thesis from the Association des professeurs de droit du Québec.

The Unity of Public Law

Author : David Dyzenhaus
Publisher : Bloomsbury Publishing
ISBN 13 : 184731046X
Total Pages : 520 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Unity of Public Law by : David Dyzenhaus

Download or read book The Unity of Public Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 2004-03-17 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.

The Fundamental Concepts of Public Law

Author : Westel Woodbury Willoughby
Publisher :
ISBN 13 :
Total Pages : 530 pages
Book Rating : 4.:/5 (9 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 1924 with total page 530 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Unity of Law

Author : Rabinder Singh
Publisher : Bloomsbury Publishing
ISBN 13 : 1509949445
Total Pages : 320 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Unity of Law by : Rabinder Singh

Download or read book The Unity of Law written by Rabinder Singh and published by Bloomsbury Publishing. This book was released on 2021-12-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sir Rabinder Singh has been one of the leading lights in the recent development of the common law, most notably in the field of human rights and the law of privacy. Here, for the first time, he reflects on the defining themes of his career as advocate and judge. Combining his trademark originality of thought and impeccable scholarship, he selects previously published and unpublished writings to track the evolution of his approach to the common law. A substantial introduction gives context to the book, while opening introductions to each piece reflect on their relevance to contemporary legal thought. The essays explore themes as diverse as judicial review, equality, and privacy and personal autonomy. Insightful, erudite, and thought-provoking, this collection is a must read for all those interested in the law and its role in society.

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.

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.

The Unity of the Common Law

Author : Alan Brudner
Publisher : Oxford University Press
ISBN 13 : 0199592802
Total Pages : 378 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Unity of the Common Law by : Alan Brudner

Download or read book The Unity of the Common Law written by Alan Brudner and published by Oxford University Press. This book was released on 2013-09 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The structure of common law has for many years been the subject of intense debate between formalists and functionalists. The former, drawing on legal realism, proposes that transactional law is a private law for interacting parties, while the later, inspired by Kant, argue it is a public law serving the collective ends of society. But what if there were a unity between functionalism and formalism? What if, in this unity, private law is modfied by a common good? In this thoroughly revised and re-written edition of his classic book 'The Unity of the Common-Law: Studies in Hegelian Jurisprudence,' Alan Brudner draws on Hegel's legal philosophy to exhibit this unity in each of transactional laws main divisions; property, contract, unjust enrichment and tort. Brudner suggests each of these divisions is composed of private-law and public-law parts that complement each other and that they are connected by a single narrative thread. This thread consists in development towards a goal. The goal is the dignity that comes with the attainment of the legal conditions necessary and sufficient for reconciling dependence with independence. Thus the end point is what a transactional law can contribute to a life sufficient for dignity.

The Concept of Unity in Public International Law

Author : Mario Prost
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319165
Total Pages : 226 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Concept of Unity in Public International Law by : Mario Prost

Unity and Pluralism in Public International Law

Author : Oriol Casanovas y La Rosa
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041116642
Total Pages : 294 pages
Book Rating : 4.1/5 (166 download)

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Book Synopsis Unity and Pluralism in Public International Law by : Oriol Casanovas y La Rosa

Download or read book Unity and Pluralism in Public International Law written by Oriol Casanovas y La Rosa and published by Martinus Nijhoff Publishers. This book was released on 2001-07-25 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of international courts and the extension of international regulation to new areas have been considered to be threatening for the unity of Public International Law as a legal system. These developments are the consequence of the increasing formation of legal subsystems (material international regimes) which continue to grow in complexity. How these trends affect the unity of the international legal system requires theoretical scrutiny of its fundamental bases. This work considers that the unity of the international legal system depends upon its normative structure, and on the social medium in which it is applied: the evolving international community. A unified international legal system has as its ultimate goal the protection of human dignity through the international regulation of human rights. The question of the unifying stability of the international legal system and the development of legal subsystems within it encourages a review of the major issues of current Public International Law, considering the evolution from traditional doctrines to recent approaches. This review is done from an analytical frame that provides a deeper understanding of the current situation of Public International Law as a legal system.

Commentaries on Universal Public Law

Author : George Bowyer
Publisher :
ISBN 13 :
Total Pages : 424 pages
Book Rating : 4.R/5 ( download)

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Book Synopsis Commentaries on Universal Public Law by : George Bowyer

Download or read book Commentaries on Universal Public Law written by George Bowyer and published by . This book was released on 1854 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Law and Politics

Author : Stephen Tierney
Publisher : Routledge
ISBN 13 : 1351907727
Total Pages : 232 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Public Law and Politics by : Stephen Tierney

Download or read book Public Law and Politics written by Stephen Tierney and published by Routledge. This book was released on 2016-12-05 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 Law

Author : Hc Carey
Publisher : Legare Street Press
ISBN 13 : 9781019498545
Total Pages : 0 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Unity of Law by : Hc Carey

Download or read book The Unity of Law written by Hc Carey and published by Legare Street Press. This book was released on 2023-07-18 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking work, H.C. Carey argues that all laws are ultimately connected and that the unity of law should be the foundation of any legal system. An essential read for anyone interested in legal theory and jurisprudence. This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Frontiers of Public Law

Author : Jason NE Varuhas
Publisher : Bloomsbury Publishing
ISBN 13 : 1509930396
Total Pages : 544 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Frontiers of Public Law by : Jason NE Varuhas

Download or read book The Frontiers of Public Law written by Jason NE Varuhas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.