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Public Law and Politics


Description: 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.

About the 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.


Contents: List of Contributors vii

1 Public Law and Politics: Rethinking the Debate 1
Emilios Christodoulidis and Stephen Tierney

PART 1: ON ‘THE IDEA OF PUBLIC LAW’
2 Sovereignty and the Idea of Public Law 15
Stephen Tierney

3 Authority, Exploitation and the Idea of Public Law 27
Scott Veitch

4 Public Law as Political Jurisprudence: Loughlin’s ‘Idea of Public Law’ 35
Emilios Christodoulidis

5 Reflections on The Idea of Public Law 47
Martin Loughlin

PART 2: PUBLIC LAW AND IMPERIALISM
6 On Law, Democracy and Imperialism 69
James Tully

7 Democracy, Political Reflexivity and Bounded Dialogues: Reconsidering the Monism-Pluralism Debate 103
Hans Lindahl

8 The Reframing of Law’s Imperial Frame:
A Comment on Tully 117
Neil Walker

9 Imperialism and Constitutionalism 129
Gavin W. Anderson

PART 3: PUBLIC LAW AND PROCEDURALISM
10 Constitutionalism as Proceduralism: A Glance at the Terrain 141
Frank Michelman

11 The Crisis of Im/purity 163
Johan van der Walt

12 Between Engagement and Disengagement: Two Concepts of Civility 189
Ioannis A. Tassopoulos

13 Enabling Proceduralism 205
Victor Tadros

Index 219




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