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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Public Law and Politics: The Scope and Limits of Constitutionalism

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Edited by: Emilios Christodoulidis, Stephen Tierney

ISBN13: 9780754673637
Published: July 2008
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £95.00

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In a critical engagement with the function of public law and with constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule. This operates on the one hand in maintaining and underwriting relative patterns of power and weakness through political structures and processes. On the other hand, public law is considered to contain the potential to redress these patterns through the use of constitutional authority, social and economic as well as civil and political rights, redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book reproduces, in a succinct and organized way, the insights into both the limitations and the potentialities of public law within its political setting.

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Constitutional and Administrative Law
Public law and politics: rethinking the debate, Emilios Christodoulidis and Stephen Tierney
Part 1 On 'The Idea of Public Law': Sovereignty and the idea of public law, Stephen Tierney
Authority, exploitation and the idea of public law, Scott Veitch
Public law as political jurisprudence: Loughlin's 'idea of public law', Emilios Christodoulidis
Reflections on The Idea of Public Law, Martin Loughlin.
Part 2 Public Law and Imperialism: On law, democracy and imperialism, James Tully
Democracy, political reflexivity and bounded dialogues: reconsidering the monism-pluralism debate, Hans Lindahl
The reframing of law's imperial frame: a comment on Tully, Neil Walker
Imperialism and constitutionalism, Gavin W. Anderson.
Part 3 Public Law and Proceduralism: Constitutionalism as proceduralism: a glance at the terrain, Frank Michelman
The crisis of im/purity, Johan van der Walt
Between engagement and disengagement: 2 concepts of civility, Ioannis A. Tassopoulos
Enabling proceduralism, Victor Tadros