Questioning the Foundations of Public Law

Erscheinungsjahr 2020
ISBN: 978-1-5099-4116-2
Verlag: Hart Publishing

Buch, Englisch, 320 Seiten, Paperback, Format (B × H): 169 mm x 244 mm, Gewicht: 513 g

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.

Autoren/Hrsg.

Wilkinson, Michael A

Dowdle, Michael W

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

Part I: Introducing the Foundations of Public Law
1. Questioning the Foundations of Public Law and Questioning Foundations of Public Law

Michael A Wilkinson and Michael W Dowdle
2. Political Jurisprudence

Martin Loughlin

Part II: The Methodological Critique
3. Questioning a Uniform Concept of Public Law

Andrew Halpin
4. The Tragic Politics of Public Law

Panu Minkkinen
5. Immanence and Irreconcilability: On the Character of Public Law as Political Jurisprudence

Jacco Bomhoff

Part III: The Normative Critique
6. Concrete Order Formation or Rational Will Formation? Constituent Power as the Ratio of Voluntas

Hauke Brunkhorst
7. Private Law, Potentia and the Ethical: On What Justification Does the State Coercively Tax its Subjects in Order to Build Bridges, Fund the BBC, and Subsidise Charities?

James Penner
8. A Conventional Narrative: The Rhetorical Shape of Foundations of Public Law

Anna Yeatman
9. Foundations of Public Law and Postnational Constitutionalism

Neil Walker

Part IV: The Material Critique
10. Putting Public Law in its Place: State-Theoretical Comments on Foundations of Public Law

Bob Jessop
11. The Materiality of Political Jurisprudence

Marco Goldoni
12. Public Law and the Autonomy of the Political: A Material Critique

Michael A Wilkinson

Part V: The Comparative Critique
13. Foundations of Public Law: A View from the United States

Mark Tushnet
14. The Elusive Quest for Community: The Making of Political Identity in Modern Indian Constitutionalism

Mathew John
15. Uncovering the Foundations of Administrative Law?

Denis Baranger

Part VI: The Response
16. Excavating Foundations

Martin Loughlin
Bibliography.277
Index.291

Über Autor(innen)

Wilkinson, Michael A
Michael Wilkinson is Associate Professor of Law at the London School of Economics and Political Science.

Dowdle, Michael W
Michael Dowdle is Associate Professor of Law at National University Singapore.

Michael A Wilkinson is Associate Professor of Law at the London School of Economics and Political Science.
Michael W Dowdle is Associate Professor of Law at National University Singapore.