Foundations Of Public Law

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Foundations Of Public Law

Author : Martin Loughlin
ISBN : 9780191648175
Genre : Law
File Size : 25.32 MB
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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.
Category: Law

Questioning The Foundations Of Public Law

Author : Michael A Wilkinson
ISBN : 9781509911684
Genre : Law
File Size : 59.80 MB
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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.
Category: Law

The Foundations Of Public Law

Author : Keith Syrett
ISBN : 9781137362698
Genre : Law
File Size : 35.48 MB
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This thought-provoking and engaging book provides an insightful examination of public law, exploring the complex relationship between institutions, individual and state, and offering both explanation and critical analysis. Public law is viewed against a backdrop of differing types of governmental power and the problems to which this may give rise, with a particular focus being given to recent changes in the British constitution. By placing public law in a broader context, the book seeks to take a different approach from that of a general textbook, thereby offering a fresh view of the subject that is topical, relevant and interesting. Whether used as introductory reading or as an ongoing companion to a main course text, it will provide a valuable perspective that will be of great benefit to law students and politics students alike. This new second edition has been comprehensively revised and updated to reflect recent developments in the law. A companion website featuring updates can be found at: www.palgrave.com/law/syrett2e
Category: Law

The Foundations Of Public Law

Author : Dr Keith Syrett
ISBN : 9780230344556
Genre : Law
File Size : 28.92 MB
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This thought-provoking and engaging book offers an insightful examination of public law, exploring the complex relationship between institutions, individual and state, and offering both explanation and critical analysis. Public law is viewed against a backdrop of differing types of governmental power and the problems to which this may give rise, with a particular focus being given to recent changes in the British constitution. By placing public law in its political context, the book seeks to take a different approach from that of a general textbook, thereby offering a fresh view of the subject that is topical, relevant and interesting. Whether used as introductory reading or as an ongoing companion to a main course text, this book will provide a valuable perspective on this fast-moving area that will be of great benefit to law students and politics students alike. A companion website featuring annual updates on constitutional developments can be found at: www.palgrave.com/law/syrett
Category: Law

The Foundations Of Australian Public Law

Author : Anthony Connolly
ISBN : 9781107679795
Genre : Law
File Size : 74.40 MB
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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.
Category: Law

The Legal Foundations Of Public Administration

Author : Donald D. Barry
ISBN : 0742543803
Genre : Law
File Size : 64.6 MB
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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.
Category: Law

Public Administration And Law

Author : Julia Beckett
ISBN : 9781317461968
Genre : Business & Economics
File Size : 54.30 MB
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Public Administration and Law has been edited for use as a supplement for an undergraduate or MPA level course on administrative law. The selections, all from the pages of Public Administration Review, have been chosen to enlighten and enliven the contents of any standard administrative law textbook. Each of the book's main sections begins with introductory text and discussion questions by the volume editors, Julia Beckett and Heidi Koenig, followed by relevant readings from PAR. The book's contents follow the standard pattern established by the field's major textbooks to facilitate the instructor's ability to assign readings that illuminate lectures and text material. The book concludes with two invaluable resources - a bibliography of 65 years of PAR articles concerning public law, plus a bibliography of law-related articles appearing in other journals published by ASPA.
Category: Business & Economics

The Political Economy Of Corporation Tax

Author : John Snape
ISBN : 9781847318718
Genre : Law
File Size : 63.37 MB
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Excellent technical writing on corporation tax abounds, but it tends to be inaccessible to public lawyers, political theorists and political economists. Although recent years have seen not only an explosion in public law scholarship but also a reawakening of interest in interpretative political theory and political economy, the potential of these perspectives to illuminate the corporation tax debate has remained unexplored. In this important work, John Snape seeks to reconcile these disparate strands of scholarship and to contribute to a new way of understanding and conceptualising the reform of the law relating to corporate taxation. Drawing on important developments in public law scholarship, the study combines elements of political theory and political economy. It advances a new interpretation of corporation tax law as an instrument of rule, through the maximisation of a nation's economic potential. Snape shows how corporate taxation belongs at the centre of any discussion of economic globalisation, not only because of the potential of national tax systems to influence inward investment decisions but also because of the potential of those decisions to shape the public interest that those tax systems might embody. Following public law and politics models, the book looks afresh at the impact of Britain's political institutions, of the processes of its representative government and of the theory that moulds and orders the values that the corporation tax code contains. This is a timely exploration of cutting-edge issues of public policy.
Category: Law

Philosophical Foundations Of Fiduciary Law

Author : Andrew S. Gold
ISBN : 9780191005299
Genre : Law
File Size : 57.32 MB
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Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
Category: Law

The Foundations Of International Investment Law

Author : Zachary Douglas
ISBN : 9780191508585
Genre : Law
File Size : 65.89 MB
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International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
Category: Law

The Foundations Of European Private Law

Author : Roger Brownsword
ISBN : 9781847318336
Genre : Law
File Size : 26.45 MB
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There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Category: Law

The Idea Of Public Law

Author : Martin Loughlin
ISBN : 019927472X
Genre : Law
File Size : 44.45 MB
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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.
Category: Law

Public Law In Germany 1800 1914

Author : Michael Stolleis
ISBN : 1571810579
Genre : History
File Size : 45.71 MB
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He argues that the concept of family resemblances, as that concept has been refined and extended in prototype theory in the contemporary cognitive sciences, is the most plausible analytical strategy for resolving the central problem of the book. In the solution proposed, religion is conceptualized as an affair of "more or less" rather than a matter of "yes or no," and no sharp line is drawn between religion and non-religion."--BOOK JACKET.
Category: History

Handbook Of Public Administration Third Edition

Author : W. Bartley Hildreth
ISBN : 9781420016994
Genre : Political Science
File Size : 54.6 MB
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Since the publication of the previous edition, the best-selling Handbook of Public Administration enters its third edition with substantially revised, updated, and expanded coverage of public administration history, theory, and practice. Edited by preeminent authorities in the field, this work is unparalleled in its thorough coverage and comprehensive references. This handbook examines the major areas in public administration including public budgeting and financial management, human resourcemanagement, decision making, public law and regulation, and political economy. Providing a strong platform for further research and advancement in the field, this book is a necessity for anyone involved in public administration, policy, and management. This edition includes entirely new chapters on information technology and conduct of inquiry. In each area of public administration, there are two bibliographic treatises written from different perspectives. The first examines the developments in the field. The second analyzes theories, concepts, or ideas in the field’s literature.
Category: Political Science

Institutional Foundations Of Public Finance

Author : David F. Bradford
ISBN : 0674030974
Genre : Business & Economics
File Size : 69.24 MB
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Auerbach integrates economic and legal perspectives on taxation and fiscal policy, offering a provocative assessment of the most important issues in public finance today.
Category: Business & Economics

The Legal Foundations Of Special Education

Author : James E. Ysseldyke
ISBN : 1412938953
Genre : Education
File Size : 82.47 MB
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This resource reviews the most influential laws affecting special education services and includes assessments to help readers evaluate their understanding of current legal practices.
Category: Education

Foundations Of Economic Analysis Of Law

Author : Steven Shavell
ISBN : 0674011554
Genre : Business & Economics
File Size : 65.32 MB
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In this book Steven Shavell provides an in-depth analysis and synthesis of the economic approach to the building blocks of our legal system, namely, property law, tort law, contract law, and criminal law. He also examines the litigation process as well as welfare economics and morality. Aimed at a broad audience, this book requires neither a legal background nor technical economics or mathematics to understand it. Because of its breadth, analytical clarity, and general accessibility, it is likely to serve as a definitive work in the economic analysis of law.
Category: Business & Economics

Foundations Of Homeland Security

Author : Martin J. Alperen
ISBN : 0470934603
Genre : Political Science
File Size : 49.67 MB
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This book is the complete guide to understanding the structure of homeland security – its underlying law and policy. Created from a broad and in depth, yet edited collection of statutes, policy papers, presidential directives, and other documents, it cultivates a detailed understanding of the foundations of homeland security. It is arranged in a topic-by-topic format structured to include only the documents and statues that affect a particular subject, making for much easier understanding. Thus, the chapter on FEMA contains only the portions of the statutes and other documents that relate to FEMA. There are twenty-five topic areas. It contains hundreds of end notes, references, and suggestions for further study. This book offers important legal guidance that students, law enforcement officers, lawyers, and other homeland security professionals need to accurately interpret, understand, and apply homeland security policy. The Introduction provides an in-depth overview of the subject of homeland security and includes a discussion of what is homeland security, definitions of homeland security and terrorism, what is homeland security law, its development, and what is a homeland security curriculum. There are contributing chapters about homeland security in Europe, and homeland security in China and Japan.
Category: Political Science

German Administrative Law

Author : Mahendra P. Singh
ISBN : 9783662024577
Genre : Law
File Size : 44.91 MB
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It is with the greatest pleasure that I add a few introductory remarks to the book of Dr. Mahendra Pal Singh on German administrative law. Between 1981 and 1982 Dr. Singh spent nearly two years in Heidelberg, doing re search partly at the South Asia Institute of the Ruprecht Karl University and partly at the Max Planck Institute for Comparative Public Law and International Law. During his stay in the Federal Republic of Germany, Dr. Singh studied the general principles of German administrative law in a careful and admirable manner, and he has now completed the present book which is based on his studies in Heidelberg. For several reasons Dr. Singh is especially qualified to write this book: His famil iarity with the administrative law of his home country has enabled him to look upon the German law with considerable objectivity; his knowledge of the German lan guage gave him access to the vast amount of German literature and court decisions; and Dr. Singh was able to penetrate this material with a searching and scholarly spirit. The final product seems to be the first comprehensive treatise in English on German administrative law.
Category: Law

The Politics Of Public Health In The United States

Author : Kant Patel
ISBN : 076563645X
Genre : Medical
File Size : 26.1 MB
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Our public health system is primarily concerned with the promotion of health and the prevention of disease. But while everyone may agree with these goals in principle, in practice public health is a highly contentious policy arena. that is inevitably entangled with sensitive issues ranging from occupational safety and environmental hazards to health education, immunization, and treatment of addiction and sexually transmitted disease. Today however, concern for protecting the population against bio-terrorism and new epidemics such as SARS is tipping the balance back toward increased support for public health. This book focuses on the politics, policies, and methodologies of public health and the twenty-first century challenges to the public health system of the United States. It explores the system's relatively weak position in the American political culture, medical establishment, and legal system; scientific and privacy issues in public health; and the challenges posed by ecological risk and the looming threat of bio-terrorist attack. Each chapter includes study questions. The volume also includes a chronology of major laws and events in public health policy along with an extensive bibliography.
Category: Medical