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The Making and Re-Making of Public Law

Edited by: Eoin Carolan, Jason Varuhas, Sarah Fulham-Mcquillan

ISBN13: 9781509970094
To be Published: September 2026
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2025)
Price: £54.99
Hardback edition , ISBN13 9781509970056





This volume originates from the fourth Public Law Conference, held in Dublin in 2022. Leading scholars and judges from across the common law world presented papers on the making (and re-making) of public law across country studies, historical studies and studies of contemporary and future issues.

The book has three broad categories of paper: country studies which consider the evolution of public law within a particular jurisdictional context; historical studies, which shed light on the foundations of public law; and studies of contemporary and future issues, namely populism, COVID-19, protection of Indigenous peoples, and the public-private divide.

Subjects:
Constitutional and Administrative Law
Contents:
Part I: The Making of Public Law in the Common Law World
1. A Court and the World, Hon Justice Donal O'Donnell (Chief Justice of Ireland)
2. The Power of Narrative – Shaping Aotearoa New Zealand's Public Law, Rt Hon Dame Helen Winkelmann (Chief Justice of New Zealand)
3. Justice Devolved: Milestones in Northern Ireland Constitutional Law Since 2010, Rt Hon Dame Siobhan Keegan (Lady Chief Justice of Northern Ireland)
4. Making and Remaking of Public Law: The Canadian Way, Hon Justice Sheilah Martin (Supreme Court of Canada)
5. The Building of South Africa's Constitution on the Ruins of its Past: the Remodelling of Public Law in Post-Apartheid South Africa, Hon Justice Steven Majiedt (Constitutional Court of South Africa)
6. Double Act: Assessing Constitutional Entrenchment and Codification in the Remaking of Administrative Law in Democratic South Africa, Kate O'Regan (University of Oxford, UK)
7. South Africa's Transformative Constitution as 'Non-Reformist Reform'? Nomfundo Ramalekana (University of Cape Town, South Africa)

Part II: Making Public Law in the Common Law Tradition
8. The Origins of Judicial Review, John Baker (University of Cambridge, UK)
9. Good Counsel as a Constitutional Imperative, Janet McLean (University of Auckland, New Zealand)
10. Private Rights and Public Wrongs, Hon Justice Brian Murray (Supreme Court of Ireland)
11. Long Waves of Constitutional Principle in the Common Law, Rt Hon Lord Sales (UK Supreme Court)
12. Why Does Ireland have a System of Judicial Review of Legislation? The Legacy of the Irish Free State Constitution of 1922, Hon Justice Gerard Hogan (Supreme Court of Ireland)

Part III: Re-Making Public Law: Contemporary Challenges and the Future
13. Legislating for Emergencies: Insights from the Pandemic, Cheryl Saunders (University of Melbourne, Australia)
14. Administrative Law and the Pandemic, Gillian E Metzger (University of Columbia, USA)
15. Populism and Administrative Law, Carol Harlow (London School of Economics, UK) and Richard Rawlings (University College London, UK)
16. Populism and Constitutional Democracy: Feature or Bug? Neil Walker (University of Edinburgh, UK)
17. 'You Can't Go Home Again': Constitutional Fidelity and Change in Post-Brexit Britain, Colm O'Cinneide (University College London, UK)
18. Public Faces: Indigenous Law Today and through the Futuristic Looking Glass, Val Napoleon (University of Victoria, Australia)
19. Public Law and the Future: A Sustainable Jurisprudence? Peter Oliver (University of Ottawa, Canada)