Public Law and Politics The Scope and Limits of Constitutionalism

Administrative / Constitutional Law

Public Law and Politics The Scope and Limits of Constitutionalism

Edited by Stephen Tierney · Emilios Christodoulidis
Routledge November 2016

Specifications

ISBN-13
9781138255654
Publisher
Routledge
Publication
November 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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:
Constitutionalism as proceduralism: a glance at the terrain, Frank Michelman
The crisis of im/purity, Johan van der Walt
Between engagement and disengagement: 2 concepts of civility, Ioannis A. Tassopoulos
Enabling proceduralism, Victor Tadros

Index.
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