The Idea of Public Law

ISBN-13: 9780199267231 / Angielski / Twarda / 2004 / 200 str.

Martin Loughlin

Opis

This volume argues that public law must be treated as a special, indeed autonomous, subject and that the root cause of many of the difficulties and controversies that have arisen within both contemporary jurisprudence and also in the practice of public law have arisen because this argument has been neglected, and even suppressed.
The author defends this claim by explicating the idea of public law, particularly as it has evolved in modern European thought. The volume provides an account of the juristic significance of political thought such as the work of Bodin, Hobbes, Locke, Pufendorf, in addition to a variety of modern scholars. Loughlin argues that the basic building blocks of the subject are those of governing, politics, representation, sovereignty, constituent power, and rights. Through an elaboration of these foundational concepts, he explores the nature and method of public law, and offers a novel account of the idea of public law.

Recenzje

If you have ever had nagging doubts about the prime importance of positive law in public law or have ever wanted a clearer understanding of A. V. Dicey's relation of the legal to the political, this book will provide an interesting alternative perspective.

O autorze

Martin Loughlin is Professor of Public Law at the London School of Economics and Political Science.