Description
Book Synopsis
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 doma
Trade Review
This explorative volume brings together scholars to map the domain of public law and, despite its epigrammatic title, it is a towering intellectual contribution to the dynamism of public law. * P. Sean Morris, Political Studies Review *
A useful, reflective contribution to a subject whose importance goes well beyond academia. * Commonwealth Lawyer *
Table of Contents
1: Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker: Introduction Part One: The Nature of Public and Private Law 2: Martin Loughlin: The Nature of Public Law 3: Chris Thornhill: Public Law and the Emergence of the Political 4: William Lucy: Private and Public: Some Banalities About a Platitude 5: Claudio Michelon: The Public, the Private, and the Law Part Two: The Domain, Values, and Functions of Public Law 6: Cormac Mac Amhlaigh: Defending the Domain of Public Law 7: Richard Bellamy: Public Law and Democracy: The Case of Constitutional Rights 8: Stephen Tierney: The Nation as 'The Public': The Resilient Functionalism of Public Law 9: Hector MacQueen: Public Law, Private Law, and National Identity Part Three: The Evolution of Public Law? 10: Inger-Johanne Sand: Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization? 11: Oliver Gerstenberg: (The Failure of) Public law and the Deliberative Turn 12: Neil Walker: The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion? 13: Megan Donaldson and Benedict Kingsbury: The Global Governance of Public Law 14: Gianluigi Palombella: The (re)Constitution of the Public
