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Foundations of Public Law


ISBN13: 9780199669462
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £30.49
Hardback edition , ISBN13 9780199256853



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Foundations of Public Lawoffers a distinctive, provocative theory of public law, building on the views first outlined in The Idea of Public Law (OUP, 2003).

The theory aims to identify the essential character of public law, explain its particular modes of operation, and specify its unique task. Public law is conceived 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 16th-19th centuries, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction: Rediscovering Public Law

PART I: ORIGINS
1. Medieval Origins
2. The Birth of Public Law

PART II: FORMATION
3. The Architecture of Public Law
4. The Science of Political Right: I
5. The Science of Political Right: II
6. Political Jurisprudence

PART III: STATE
7. The Concept of the State
8. The Constitution of the State
9. State Formation

PART IV: CONSTITUTION
10. The Constitutional Contract
11. Rechtsstaat, Rule of Law, L'Etat de droit
12. Constitutional Rights

PART V: GOVERNMENT
13. The Prerogatives of Government
14. Potentia
15. The New Architecture of Public Law