After Public Law

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After Public Law

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Examines the role of public law within the modern, increasingly globalized, state, an important, yet understudied, area of constitutional law theory
Draws conclusions for the future of public law in the context of global governance
Contributors to the volume include Benedict Kingsbury, Martin Loughlin, Hector MacQueen, and Neil Walker

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.

Readership: Academics and advanced students working on constitutional theory, political theory, and the theory of international law

1: Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker: Introduction
Part One: The Nature of Public and Private Law
2: Martin Loughlin: The Nature of Public Law
3: Chris Thornhill: Public Law and the Emergence of the Political
4: William Lucy: Private and Public: Some Banalities About a Platitude
5: Claudio Michelon: The Public, the Private, and the Law
Part Two: The Domain, Values, and Functions of Public Law
6: Cormac Mac Amhlaigh: Defending the Domain of Public Law
7: Richard Bellamy: Public Law and Democracy: The Case of Constitutional Rights
8: Stephen Tierney: The Nation as 'The Public': The Resilient Functionalism of Public Law
9: Hector MacQueen: Public Law, Private Law, and National Identity
Part Three: The Evolution of Public Law?
10: Inger-Johanne Sand: Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization?
11: Oliver Gerstenberg: (The Failure of) Public law and the Deliberative Turn
12: Neil Walker: The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion?
13: Megan Donaldson and Benedict Kingsbury: The Global Governance of Public Law
14: Gianluigi Palombella: The (re)Constitution of the Public

Edited by Cormac Mac Amhlaigh, Lecturer in Public Law, School of Law, University of Edinburgh, Claudio Michelon, Senior Lecturer in Law and Legal Theory, School of Law, University of Edinburgh, and Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, School of Law, University of Edinburgh

Cormac Mac Amhlaigh is a Lecturer in Public Law at the University of Edinburgh School of Law. He received his PhD from the European University Institute and his research focuses on UK constitutional law, public law and constitutional theory, the relevance and use of public law concepts beyond the state, and the theory and practice of human rights law.

Claudio Michelon is Senior Lecturer in Law & Legal Theory at the University of Edinburgh School of Law. His current research focuses on legal decision-making, legal epistemology, and private law theory. He is the author of Being Apart from Reasons (Springer, 2006) and Aceitação e objetividade (2004).

Neil Walker holds the Regius Chair of Public Law and the Law of Nature and Nations at the University of Edinburgh. He is the author or editor of numerous volumes, including The Paradox of Constitutionalism (with Martin Loughlin, OUP 2007), Europe's Area of Freedom, Security, and Justice (OUP 2004), Civlizing Security ( CUP, 2007) with Ian Loader, and Europe's Constitutional Mosaic ( Hart, 2011) with Jo Shaw and Stephen Tierney.

Contributors:
Richard Bellamy, Professor of Political Science, Director of the European Institute, University College London
Megan Donaldson, Institute Fellow, New York University School of Law
Oliver Gerstenberg, Reader in Law and Director of the Centre for International Governance, University of Leeds
Benedict Kingsbury, Murry and Ida Becker Professor of Law, Director, Institute for International Law and Justice, New York University School of Law
Martin Loughlin, Professor of Public Law, London School of Economics & Political Science
William Lucy, Professor, Durham Law School, University of Durham
Cormac Mac Amhlaigh, Lecturer in Law, University of Edinburgh
Hector MacQueen, Scottish Law Commissioner and Professor of Private Law, University of Edinburgh
Claudio Michelon, Senior Lecturer in Law, University of Edinburgh
Gianluigi Palombella, Professor of Legal Philosophy and the Sociology of Law, University of Parma
Inger-Johanne Sand, Professor, Department of Public and International Law, University of Oslo
Chris Thornhill, Professor of European Political Thought, University of Glasgow
Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh
Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh