Public Law and Politics: The Scope and Limits of Constitutionalism, 1st Edition (Paperback) book cover

Public Law and Politics

The Scope and Limits of Constitutionalism, 1st Edition

By Stephen Tierney

Edited by Emilios Christodoulidis


232 pages

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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.

Table of Contents

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.

About the Author/Editor

Emilios Christodoulidis is Professor of Legal Theory at the Law School, University of Glasgow. Stephen Tierney is a Reader in Law, and Associate Dean, College of Humanities and Social Science, University of Edinburgh.

About the Series

Critical Studies in Jurisprudence

The Critical Studies in Jurisprudence Series provides a forum for interdisciplinary study in the philosophical, political and sociological traditions of thinking about the law. It is these linkages and intersections that the series sets out to chart and explore, in the tradition of research undertaken in the Law Schools of Edinburgh and Glasgow for over twenty years. The series covers a broad field that includes legal reasoning and the ethics of rule following, public law and democratic theory, socio-legal studies and the sociology of punishment, crime, crime control and policing, the politics of transitional justice, as well as the sociology and anthropology of law. The Series places special emphasis on the function of law in its political dimension and with it, in the uses of critical legal theory, capturing something significant of the orientation and the priorities that animate research and teaching in both Law schools.

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Subject Categories

BISAC Subject Codes/Headings:
LAW / General
LAW / International