Questioning the Foundations of Public Law

by Michael A Wilkinson (Editor), Michael W Dowdle (Editor)

Overview

In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

Product Details

ISBN-13:	9781509911684
Publisher:	Bloomsbury Publishing
Publication date:	05/17/2018
Sold by:	Barnes & Noble
Format:	eBook
Pages:	288
File size:	1 MB

About the Author

Michael A Wilkinson is Associate Professor of Law at the London School of Economics and Political Science.
Michael W Dowdle is Associate Professor of Law at National University Singapore.
Michael Wilkinson is Associate Professor of Law at the London School of Economics and Political Science.
Michael Dowdle is Associate Professor of Law at National University Singapore.

Table of Contents

Part I: Introducing the Foundations of Public Law
1. Questioning the Foundations of Public Law and Questioning Foundations of Public Law
Michael A Wilkinson and Michael W Dowdle
2. Political Jurisprudence
Martin Loughlin

Part II: The Methodological Critique
3. Questioning a Uniform Concept of Public Law
Andrew Halpin
4. The Tragic Politics of Public Law
Panu Minkkinen
5. Immanence and Irreconcilability: On the Character of Public Law as Political Jurisprudence
Jacco Bomhoff

Part III: The Normative Critique
6. Concrete Order Formation or Rational Will Formation? Constituent Power as the Ratio of Voluntas
Hauke Brunkhorst
7. Private Law, Potentia and the Ethical: On What Justification Does the State Coercively Tax its Subjects in Order to Build Bridges, Fund the BBC, and Subsidise Charities?
James Penner
8. A Conventional Narrative: The Rhetorical Shape of Foundations of Public Law
Anna Yeatman
9. Foundations of Public Law and Postnational Constitutionalism
Neil Walker

Part IV: The Material Critique
10. Putting Public Law in its Place: State-Theoretical Comments on Foundations of Public Law
Bob Jessop
11. The Materiality of Political Jurisprudence
Marco Goldoni
12. Public Law and the Autonomy of the Political: A Material Critique
Michael A Wilkinson

Part V: The Comparative Critique
13. Foundations of Public Law: A View from the United States
Mark Tushnet
14. The Elusive Quest for Community: The Making of Political Identity in Modern Indian Constitutionalism
Mathew John
15. Uncovering the Foundations of Administrative Law?
Denis Baranger

Part VI: The Response
16. Excavating Foundations
Martin Loughlin
Bibliography ...........................................................................................................................277
Index ......................................................................................................................................291