Unity of public law : doctrinal, theoretical, and comparative perspectives / edited by Mark Elliott, Jason Ne Varuhas, and Shona Wilson Stark.

Format:

Book

Conference/Event

Contributor:

Elliott, Mark, 1975- editor.

Stark, Shona Wilson, editor.

Varuhas, Jason, editor.

Conference Name:

Public Law Conference (2nd : 2016 : Cambridge , England)

Language:

English

Subjects (All):

Law and globalization--Congresses.

Law and globalization.

Public law--Congresses.

Public law.

Physical Description:

1 online resource

Edition:

First edition.

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018.

Summary:

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law

Contents:

Introduction

Mark Elliott, Jason N.E. Varuhas, and Shona Wilson Stark

The unity of public law?

Dame Sian Elias

Taxonomy and public law

Jason N.E. Varuhas

On being reasonably proportionate

Audrey Macklin

Administrative law : characteristics, legitimacy, unity

Paul Daly

Unity, disunity, and vacuity : constitutional adjudication and the common law

Roger Masterman and Se-Shauna Wheatle

A matter of feel? public powers and functions in South Africa

Cora Hoexter

Fault and accountability in public law

Ellen Rock

Interpretive presumptions assessed against legislators' understanding

Hanna Wilberg

"It all depends on the circumstances" : the decline of doctrine on the grounds and intensity of review

David Stratas

The globalisation of public law : a quilting of legalities

Robert French

Comparative public law in the UK Supreme Court

Robert Reed

Transplants in public law

Cheryl Saunders

Unity and diversity in the united kingdom?s territorial constitution

Aileen mcharg

Moving beyond the constitutionalism

democracy dilemma : 'commonwealth model' scholarship and the fixation on legislative compliance

Claudia Geiringer

Vindicatory damages for violation of constitutional rights : a comparative approach

Johannes Chan

Decolonising jurisprudence : public interest standing in new constitutional orders

Elizabeth O'Loughlin

Constitutional convergence : some lessons from proportionality

Anne Carter

Jurisdictional error : do we really need it?

Janina Boughey and Lisa Burton Crawford.

Notes:

"This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016"--ECIP data view.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509915217

1509915214

9781509915194

1509915192

OCLC:

1012703803