Search results for ""Author Martin Loughlin""
Edward Elgar Publishing Advanced Introduction to Political Jurisprudence
Book Synopsis
£19.06
Cambridge University Press The Cambridge Companion to the Rule of Law
The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world''s most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.
£112.50
Oxford University Press The Idea of Public Law
Book SynopsisThis 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: 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.Table of Contents1. Introduction ; 2. Governing ; 3. Politics ; 4. Representation ; 5. Sovereignty ; 6. Constituent Power ; 7. Rights ; 8. Method ; 9. The Pure Theory of Public Law ; Bibliography ; Index
£45.90
Edward Elgar Publishing Advanced Introduction to Political Jurisprudence
Book Synopsis
£85.00
Oxford University Press The British Constitution
Book SynopsisVery Short Introductions: Brilliant, Sharp, Inspiring The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain''s peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK''s developing relations with the European Union caused?These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text.By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a tTable of Contents1: The existential question 2: What constitution? 3: Writing the constitution 4: Parliamentary government 5: Reconfiguring the State 6: Civil liberty 7: Whither the constitution?
£9.49
Oxford University Press The Paradox of Constitutionalism
Book SynopsisThe book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the ''constituent power'' - can do so without effectively surrendering that authority to the institutional sites of power ''constituted'' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as a critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituTable of ContentsINTRODUCTION ; 1. Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood ; A CONCEPTUAL HISTORY OF CONSTITUENT POWER ; 2. Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice ; 3. Constituent Power and Constitutional Change in American Constitutionalism ; 4. Constituent Power in France: The Revolution and its Consequences ; 5. 'We are (afraid of) the people': Constituent Power in German Constitutionalism ; 6. People and Elites in Republican Constitutions, Traditional and Modern ; THE ARTICULATION OF CONSTITUENT POWER: RIVAL CONCEPTIONS ; 7. The Politics of the Question of Constituent Power ; 8. Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State ; 9. Constitutionalism's Post-Modern Opening ; 10. Against Substitution: The Constitutional Thinking of Dissensus ; EXTENSION AND DIVERSIFICATION OF CONSTITUENT POWER ; 11. The Exercise of Constituent Power in Central and Eastern Europe ; 12. 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States ; 13. Post-Constituent Constitutionalism? The Case of the European Union ; 14. 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law ; 15. Constituent Power and the Pluralist Ethic ; 16. The Imperialism of Modern Constitutional Democracy
£54.90
Oxford University Press The Twilight of Constitutionalism Oxford Constitutional Theory
Book SynopsisThe concepts and values that underpin traditional constitutionalism are increasingly being challenged by political realities that place substantial power beyond the state. Among the few certainties of a global economy is the growing incongruity between the political (the world of things that need to be ordered collectively in order to sustain society) and the state (the major institution of authoritative political decision-making during modern times). The consequences, and possible remedies, of this double disjunction of politics and state and of state and constitution form the centre of an open debate about ''constitutionalism beyond the state''.The essays gathered in this collection explore the range of issues raised by this debate. The effects of recent changes on two of the main building blocks of constitutionalism - statehood and democracy - are examined in Parts I and II. Since the movement of overcoming statehood has, arguably, been advanced furthest in the European context, theTrade Review[The collection] do[es] not only represent the current state of research, but advance[s] it. * Thomas Kleinlein, Global Law Books *...the quality of the contributions is extremely high. It shows that most of the contributors have worked on the topic of constitutionalism for many years. Still the volume goes further than merely presenting summaries of the existing positions at the same time as new aspects and dimensions are added. As such the volume provides a very important step in the attempt to move beyond the constitutional twilight. * Poul F. Kjaer, European Law Review *...a compulsory read for anyone interested in the subject matter of the series by OUP for which it is the debut volume, the Oxford Constitutional Theory Series, approaches the themes of globalisation and transnationalism from the viewpoint of constitutionalism, one of the hallmarks of modern sovereign statehood...this eclectic, erudite and highly-recommended collection provokes the conclusion, to this reviewer at least, that in the contemporary world constitutionalism faces the same dilemma as the protagonists of Di Lampedusa's "Il Gattopardo": it will have to change if it is to stay the same. * Cormac Mac Amhlaigh, Public Law *Table of ContentsINTRODUCTION ; PART I: CONSTITUTIONALISM AND THE EROSION OF STATEHOOD ; 1. The Achievement of Constitutionalism and its Prospects in a Changed World ; 2. Disconnecting Constitutions from Statehood: Is Global Constitutionalism a Viable Concept? ; 3. What is Constitutionalisation? ; PART II: THE QUESTION OF EUROPE ; 4. European Governance: Governing with or without the State? ; 5. Legitimacy in the Multi-level European Polity ; 6. Constitutionalism and Representation: European Parliamentarism in the Treaty of Lisbon ; PART III: CONSTITUTIONALISM WITHOUT DEMOCRACY? ; 7. More Law, Less Democracy? Democracy and Transnational Constitutionalism ; 8. On Constitutional Membership ; 9. Constitutionalism and Democracy in the World Society ; PART IV: CONSTITUTIONAL LAW AND PUBLIC INTERNATIONAL LAW ; 10. The Best of Times and the Worst of Times: Between Constitutional Triumphalism and Nostalgia ; 11. In Defence of 'Constitution' ; PART V: GLOBAL ADMINISTRATIVE LAW: A VIABLE SUBSTITUTE? ; 12. Global Administrative Law and the Constitutional Ambition ; 13. Administration without Sovereignty ; PART VI: THE EMERGENCE OF SOCIETAL CONSTITUTIONALISM ; 14. Beyond the Holistic Constitution? ; 15. The Morphogenesis of Constitutionalism ; 16. Fragmented Foundations: Societal Constitutionalism beyond the Nation State
£999.99
