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9780754673637

Public Law and Politics: The Scope and Limits of Constitutionalism

by ;
  • ISBN13:

    9780754673637

  • ISBN10:

    0754673634

  • Format: Hardcover
  • Copyright: 2008-07-28
  • Publisher: Routledge

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Supplemental Materials

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Summary

This book exposes the possibility for critical engagement with the function of public law and with constitutionalism in its political dimensions. Bringing together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman, and comprising also three critical commentaries on each, the book addresses the multiple ways in which public law is implicated in the logic of rule. This seems to operate 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 may be 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, the redistribution of political power, the expansion of territorial governance, and moves to supra-state levels of authority. The book is intended to reproduce in a succinct and organised 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
On 'The Idea of Public Law'
Sovereignty and the idea of public law
Authority, exploitation and the idea of public law
Public law as political jurisprudence
Loughlin's 'idea of public law'
Reflections on The Idea of Public Law
Public Law and Imperialism
On law, democracy and imperialism
Democracy, political reflexivity and bounded dialogues: reconsidering the monism-pluralism debate
The reframing of law's imperial frame: a comment on Tully
Imperialism and constitutionalism
Public Law and Proceduralism
Constitutionalism as proceduralism: a glance at the terrain
The crisis of im/purity
Between engagement and disengagement: 2 concepts of civility
Enabling proceduralism
Index
Table of Contents provided by Publisher. All Rights Reserved.

Supplemental Materials

What is included with this book?

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