Researching Public Law in Common Law Systems

Administrative / Constitutional Law

Researching Public Law in Common Law Systems

Edited by Paul Daly · Joe Tomlinson
Edward Elgar Publishing September 2023

Specifications

ISBN-13
9781789904376
Publisher
Edward Elgar Publishing
Publication
September 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated.

Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.

Researching Public Law in Common Law Systems

will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.

Table of Contents

1. Introduction to Researching Public Law in Common Law Systems 1
Paul Daly and Joe Tomlinson

PART I. THE TRADITIONAL
2. History to Understand, and History to Reform, English
Public Law 25
J.W.F. Allison
3. Interpretive Theory in Public Law 58
Farrah Ahmed and Adam Perry
4. Mapping Doctrinal Methods 70
Jason NE Varuhas

PART II. THE INSTITUTIONAL
5. Researching Public Law and the Administrative State 105
Paul Daly and Joe Tomlinson
6. Public Law and Legislative Studies 118
Louise Thompson
7. Studying Judicial Decision-making 136
Emmett Macfarlane

PART III. THE TECHNICAL
8. Comparative Public Law 151
Theunis Roux
9. Mapping the Theoretical Turn in British Public Law Scholarship 175
Samuel Tschorne and Martin Loughlin
10. Public Law and Empirical Legal Research 207
Sarah Nason

PART IV. THE CRITICAL
11. Marxism and Public Law 231
Paul O’Connell
12. But Interrupting the Flow… Socio-Legal Approaches to
Public Law 251
Helen Carr and Ed Kirton Darling
13. Public Law in Indigenous Contexts: Indigenous Law in the Contexts of Public Law 270
Janna Promislow

Index
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