Public Law

14,000,000 Leading Edge Experts on the ideXlab platform

Scan Science and Technology

Contact Leading Edge Experts & Companies

Scan Science and Technology

Contact Leading Edge Experts & Companies

The Experts below are selected from a list of 506247 Experts worldwide ranked by ideXlab platform

Martin Loughlin - One of the best experts on this subject based on the ideXlab platform.

  • The historical method in Public Law
    The Oxford Handbook of Legal History, 2018
    Co-Authors: Martin Loughlin
    Abstract:

    This chapter examines the origins and continuing significance of the historical method in Public Law. It explains how the adoption of a historical method contributed to the formation of Public Law as a distinctive field of knowledge in European jurisprudence. It focuses on developments in French legal thought in the sixteenth century, this being the period in which modern ideas of Public Law were forged. In this era of intense religious conflicts and extending powers of government, the character of collective human association was placed in question and politico-legal thought became historicized, rationalized and secularized. The historical method in modern Public Law, it suggests, has distinctive features: it looks not to nature but to a world of man’s making; it focuses on the variety rather than the uniformity of human nature; it accentuates differences rather than similarities; and sees continuous change where others emphasize permanence.

  • Oxford Scholarship Online - Public Law as Political Jurisprudence
    Oxford Scholarship Online, 2018
    Co-Authors: Martin Loughlin
    Abstract:

    The main theme of this chapter is to suggest that the nature of Public Law is best explained by examining the conditions of its formation. This type of exercise reveals that Public Law is a modern concept which is formed by reworking the medieval idea of natural Law in the context of the emergence of the modern idea of the sovereign state. In this chapter, the nature of the subject is explored through analysis of the writings of Bodin, Pufendorf, and Rousseau. The objective is to show not only that Public Law is a broader concept than positive Law but that it also has an ambiguous character. These ambiguities permeate modern Public Law thought and leave it with a polarized consciousness.

  • The nature of Public Law
    2013
    Co-Authors: Martin Loughlin
    Abstract:

    Public Law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of Public Law is one of loss. What function and future can Public Law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance? The contributions to this volume take stock of the idea, concepts, and values of Public Law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of Law in general. Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of Public Law, the nature of private Law and the relationship between the Public, the private, and the concept of Law. The second part focuses on the domains, values, and functions of Public Law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in Public Law at the national level, including the new forms of interpenetration of Public and private in the market state, as well as exploring the ubiquitous use of Public Law values and concepts beyond the state.

  • Foundations of Public Law
    2010
    Co-Authors: Martin Loughlin
    Abstract:

    Foundations of Public Law offers an account of the formation of the discipline of Public Law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives Public Law 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.

  • Theory and values in Public Law: an interpretation
    Public Law, 2005
    Co-Authors: Martin Loughlin
    Abstract:

    Discusses the arguments presented by Peter Cane in his paper, Theory and Values in Public Law, noting his defence of legal positivism. Considers the nature of Public Law through the concepts of functionalist legal thought, legal positivism and rationalism, the basic values in Public Law and examines Cane's argument that Lawyers practising in this field should focus on values rather than theory when addressing central issues.

Krzysztof Chochowski - One of the best experts on this subject based on the ideXlab platform.

  • THE GENESIS OF THE Public Law ENTITIES
    International Journal of Legal Studies ( IJOLS ), 2019
    Co-Authors: Krzysztof Chochowski
    Abstract:

    Public Law entities currently play an important role in the social and economic life of our country. The activity of local government, professional and business self-governments, as well as Public Law entities such as the Polish Red Cross, the Polish Academy of Sciences or the Bank Guarantee Fund, significantly contributes to the improvement of the quality of life in Poland. It is difficult to imagine effective state functioning without the existence of this category of legal entities. Being independent in their actions, they are at the same time a part of the state apparatus, whose activity is based on the systemic principle of decentral-ization and the participation of citizens in the exercise of Public authority. It can be said that their existence and conditions of operation constitute a kind of litmus paper test of realizing the idea of a democratic legal state. This article presents considerations regarding the genesis of Public Law entities. It presents the views of the legal doctrine concerning entities governed by Public Law, starting from the turn of the 18th and 19th centuries, through the 19th centuryand XX century, ending with the contemporary times.

  • THE ESSENCE OF THE Public Law ENTITIES
    International Journal of Legal Studies ( IJOLS ), 2019
    Co-Authors: Krzysztof Chochowski
    Abstract:

    Public Law entities play a significant role in a democratic legal state and its Public administration system. They enable the active participation of an individual in the exercise of Public authority and involvement in Public affairs. They help to build a civil society and protect against the phenomenon of a crisis of democracy. Above all, however, they serve to protect human dignity as a source of freedom and human and civil rights. For this reason, the issue of determining their essence is important. It is not easy because it has undergone a metamorphosis over time and it is not one category. This article presents considerations regarding the essence of Public Law entities. It pointed to the necessity of: possession of Public rights by entities; recognition of their Public-Law subjectivity; granting them Public authority; owning own cases carried out independently; being subject to state supervision.

Darryn Jensen - One of the best experts on this subject based on the ideXlab platform.

  • Keeping Public Law in its place
    University of Queensland Law Journal, 2014
    Co-Authors: Darryn Jensen
    Abstract:

    Suri Ratnapala has lately been known as the Professor of Public Law at the University of Queensland. Yet, to think of Professor Ratnapala as a Public Law scholar fails to capture fully his contribution to legal education and scholarship. The focus of this article is upon the boundary between Public Law and private Law. It defends the notion that there is an idea of private Law which is fairly stable and conceptually distinct from Public Law. The existence of a fairly stable conceptual distinction does not rule out all disputes about how particular areas of human activity ought to be regulated. Moreover, the argument herein is not an argument that the common Law of contract, tort, property and so on should be immune from legislative reform. The argument is merely that it makes sense to speak of a realm of private Law which represents a distinct form of social ordering as compared to Public Law and that the distinction has important implications for legal interpretation and reasoning. The argument draws upon some of the major themes of Professor Ratnapala's jurisprudential writing, particularly his engagement with the thought of Friedrich Hayek.

  • Private Law: Key Encounters with Public Law - Private Law: key encounters with Public Law
    2013
    Co-Authors: Kit Barker, Darryn Jensen
    Abstract:

    The relationship between private and Public Law and policy has long been the focus of critical attention, but recent years have seen the intensification of a significant number of ‘Public’ pressures on private Law. These have taken the form of the growing influences of statutory intervention, Public regulation, corporate globalisation, class actions and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private Law to operate in isolation from Public Law, Public institutions and Public policy goals. They invite a critical re-examination of the ways in which private and Public Law and the values and aims underpinning these fields relate to each other. This piece provides a thematic overview and critical analysis of a number of contributions to an edited work carrying the same title. One of the conclusions it reaches is that the challenges that private Law faces in its relationship with Public Law and Public policy take the form of a complex set of co-ordination problems. These relate to (1) the co-ordination of the interests of (‘private’) individuals are with those of groups and society as a whole; (2) the relative use of legislative (‘Public’) and judicial techniques within private Law itself; (3) the co-ordination of Public (state) and private (market) resources in the initiation, funding and settlement of private Law claims; (4) the co-ordination of the private Laws of one state with those of others in the context of globalised markets; (5) the co-ordination of systems of private Law rules with ‘Public’ (state-run) welfare systems, such as social security, ‘compensation’ and ‘reparation’ schemes, as well as with ‘market’ mechanisms for dealing with risk and harm, such as first and third party insurance systems; and (6) the co-ordination of private Law rules with Public Law rules, such as human rights provisions, administrative Law rules and criminal provisions. These multiple co-ordination problems present practical as well as ideological challenges and they can only be resolved through the collective efforts of judges, legislators and policy-makers acting in a closer, more reflexive and reflective relationship of co-operation.

Agustín Gordillo - One of the best experts on this subject based on the ideXlab platform.

  • Public Law: twenty years after - general introduction
    European review of public law, 2010
    Co-Authors: Agustín Gordillo
    Abstract:

    These EGPL and EPLC, now EPLO, meetings enable everyone to access simultaneously a huge amount of information as well as the approach of every attending European country, to acquire in a single place a large part of what was written in Europe about its Public Law, to consult a marvelous library, the European Public Law Library, to take home for further study the very important and high quality EPLC Publications of all kinds, such as the European Review of Public Law and its many special series: the European Public Law Series, the Central and Eastern European Legal Studies and the European Papers, all of them historical and scientific achievements on their own. The reach of the influence of the European Group of Public Law and all that it further evolved into, have created ever widening circles of new creative interaction worldwide. The joint effort of the EGPL members has not only been fruitful for themselves, for their countries and for Europe, but for the legal system of the whole world as well.

  • Public Law: twenty years after - general introduction
    European review of public law, 2010
    Co-Authors: Agustín Gordillo
    Abstract:

    These EGPL and EPLC, now EPLO, meetings enable everyone to access simultaneously a huge amount of information as well as the approach of every attending European country, to acquire in a single place a large part of what was written in Europe about its Public Law, to consult a marvelous library, the European Public Law Library, to take home for further study the very important and high quality EPLC Publications of all kinds, such as the European Review of Public Law and its many special series: the European Public Law Series, the Central and Eastern European Legal Studies and the European Papers, all of them historical and scientific achievements on their own. The reach of the influence of the European Group of Public Law and all that it further evolved into, have created ever widening circles of new creative interaction worldwide. The joint effort of the EGPL members has not only been fruitful for themselves, for their countries and for Europe, but for the legal system of the whole world as well.

Helen Hershkoff - One of the best experts on this subject based on the ideXlab platform.

  • Public Law Litigation: Lessons and Questions
    Human Rights Review, 2009
    Co-Authors: Helen Hershkoff
    Abstract:

    The practice of using courts to foster social change, once confined to the USA, has emerged as a worldwide phenomenon. Foreign practice reflects indigenous forms but faces criticisms similar to that in the USA: that it is ineffective, antidemocratic, and counterproductive. The essay meets these criticisms, first, by recasting US Public Law litigation as a form of politics that challenges the status quo by forging alliances, changing discursive frames, and disciplining private and Public decision making. Looking abroad, the essay emphasizes Public Law litigation as a meditative institution that facilitates political action and aids in regulatory enforcement where administrative mechanisms are weak or regulation requires ongoing elaboration. Finally, the essay suggests that criticisms of Public Law litigation tend to neglect three factors: the actual and not assumed comparative advantages of different institutional actors, the role of temporal conditions in affecting social change, and the ubiquity of complex, not dichotomous, relations.