Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, 'an account of the foundation of the discipline of public law with a view to identifying its essential character'. The book has become a landmark in the field, and it has been said, notably by one of its major critics, that it now provides the 'starting point' for any deeper inquiry into the subject. The purpose of this volume is to engage critically with Foundations – conceptually, comparatively and historically – from the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

This textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Public Law; including Human Rights law. By taking the reader through the key constitutional structures – from what it means to study Public Law and the inherent challenges and tensions therein, to the more specific structures like the judiciary and executive. This book is therefore an essential starting point for more advanced law students and a valuable source of legal context for political science students alike. Both authoritative and accessible, it enables the reader to appreciate the complexity and beauty of this most fundamental part of our legal system.

This text develops Martin Loughlin's distinctive and provocative theory of public law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.

This book is aimed at presenting in English the main aspects of the Italian Public Law to domestic and international audience. This demands a new approach, departing from the traditional perspective of the Italian legal doctrine. For that reason, it proposes a journey through the Italian legal system, along two main dimensions: comparative dialogue and historical perspective. First of all, although the focus of the book is on Italian law, the comparative perspective is pervasive. Using the English language to present Italian and rules implies a continuous comparison. Italy is considered not “the” case-study, but rather “a” case-study. It is an example of a broader legal family, which corresponds to that of post-World War II liberal-democracies. Secondly, an historical perspective is also necessary, so as to frame existing Italian law within the many events and regimes of Italy’s recent history. The book is organised in two parts. The first part deals with the State and its evolutionary patterns, including rights and freedom. The second part is dedicated to the form of government, including the sources of law.

In today's complex world, understanding the legal frameworks that govern our societies is essential. "Public Law," part of the "Political Science" series, provides a comprehensive analysis of the principles and structures shaping governmental power, constitutional integrity, and the judiciary's role in democratic governance globally. This book is a vital resource for deepening your knowledge of public law and its societal impact. Chapter Summaries: 1. Public Law - Foundational concepts, scope, significance, and distinction from private law. 2. Comparative Law - How different legal systems address similar issues and the benefits of comparative perspectives. 3. Separation of Powers - Ensuring no single branch of government holds excessive power through checks and balances. 4. Sovereignty - The concept's evolution and implications for national and international law. 5. Legal History - The historical development of legal systems and principles. 6. Civil Law (Legal System) - Origins and influence of the civil law tradition on global legal systems. 7. International Law - Rules and principles governing relations between nations. 8. Law - Law as a system of rules maintaining societal order. 9. Legal Relationship - How laws regulate interactions between individuals and entities. 10. Lex Regia (Imperial) - Historical concept of imperial law's impact on modern systems. 11. Roman Law - Foundations and lasting influence on contemporary legal doctrines. 12. Montesquieu - Contributions to legal theory, especially separation of powers. 13. Private Law - Regulation of relationships between private individuals. 14. The Spirit of Law - Insights from Montesquieu's seminal work on law and governance. 15. Law of France - Characteristics and historical development of the French legal system. 16. Body Politic - Concept and significance in political and legal theory. 17. Lex Animata - Notion of living law in modern contexts. 18. Institutes (Gaius) - Cornerstone of Roman legal education and practice. 19. Law School of Berytus - Historical significance in legal education development. 20. Law of Italy - Insights into the Italian legal system and its influences. 21. Code of Justinian - Compilation of Roman law under Emperor Justinian and its lasting impact. "Public Law" is an invaluable resource for professionals, students, and anyone passionate about understanding the legal structures underpinning democratic governance, offering in-depth insights for those seeking to expand their knowledge beyond the basics.

Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.

The most comprehensive collection of Russian legal materials ever produced in the English language on Russian public law. This volume contains sixty-two enactments and documents, some unpublished even in the Russian language, in force and devoted to the constitutional foundations of the Russian Federation, publication of legislation, human rights, the Russian Presidency, Parliament, Government, and judicial system, domestic and international arbitration, courts of all types, justices of the peace, and the legal profession, broadly defined. In this volume the legal profession encompasses the advocate, jurisconsult, notary, procurator, and law enforcement personnel, including private detectives. Particular attention is given to documents which regulate the internal workings of the Russian presidency, parliament, government, and Constitutional Court in the form of 'reglaments' and the judiciary generally.