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Public Law and Politics The Scope and Limits of Constitutionalism

Public Law and Politics The Scope and Limits of Constitutionalism

Author: Stephen Tierney; Emilios Christodoulidis
Publisher: Routledge
ISBN: 9781138255654
Published In: November 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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: