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Vol 21 No 11 Nov/Dec 2016

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Authorities: Conflicts, Co-operation, and Transnational Legal Theory


ISBN13: 9780199671410
Published: October 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £63.00



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The interaction between state, transnational and international law is overlapping and often conflicting. Yet despite this messiness and multiplicity, law still creates obligations for its subjects. Despite its plurality, law still claims some kind of authority.

The implications of this plurality of law can be troubling. It generates uncertainty for law-users over which law they are bound by, or for law-makers over the limits of their authority. Thus the practical problem is not plurality of law in itself, rather confusion over law's authority in such pluralist circumstances.

Roughan argues that understanding authority in such pluralist circumstances requires a new conception of 'relative authority.' This book seeks to provide the theoretical tools needed to bring the disciplines examining legal and constitutional pluralism, into more direct engagement with theories of authority, by examining the one practice in which they are all interested: the practice of public authority.

Subjects:
Constitutional and Administrative Law, Public International Law, Jurisprudence
Contents:
1. Introduction

AUTHORITY AND PLURALITY
2. Understanding Authority
3. Plurality of Authority in Legal/Constitutional Theory
4. Plurality of Authority in Legal/Constitutional Theory

THE PUZZLES OF PLURAL AUTHORITY
5. Compatible and Complementary Relationships
6. Actual and Apparent Conflict

A PLURALIST CONCEPTION OF AUTHORITY
7. A Conjunctive Justification
8. 'Relative Authority'
9. The Relative Authority of Law: 'Pluralist Jurisprudence'

RELATIVE AUTHORITY IN INTERNATIONAL, TRANSNATIONAL (AND) CONSTITUTIONAL LAW
10. Relative Authority in Public International Law and Transnational Law
11. Understanding Europe: from Constitutional Pluralism to Relative Authority
12. Relative Authority Inside the State
13. A Caase Study in Relative Authority: Crown-Maori Relationships in New Zealand