The Cambridge Companion to Public Law (Cambridge Companions to Law)

The Cambridge Companion to Public Law examines key themes, debates and issues in contemporary public law. The book identifies and draws out five key themes: the notions of government and the state; the place of the state and public law in the world at large; relationships between institutions and officials within the state; the legitimacy of institutions; and the identity and value of public law in relation to politics. The book also presents a contemporary examination, taking account of the substantial changes witnessed in this area in recent decades and of the resulting need to reassess orthodox accounts of the subject. Written by leading authorities drawn from across the common law world, their approach is rigorous, engaging and highly accessible. This Companion acts as both a thoughtful introduction and a collection that consciously moves the discipline forward." This Collection Of Essays Explores Themes And Controversies (legal, Political And Scholarly) In Public Law Which Are Subjects Of Current Debate In That Area, While Also (we Hope) Contributing To Those Debates From Both Practical And Theoretical Perspectives. The Purposes Of This Introduction Are To Set The Scene By Outlining The Political Context In Which Public Law And Its Scholarship Have Developed Over The Past Forty Or So Years, And To Locate Within That Context And In Relation To Each Other Some Of The Themes Which Our Contributors Develop In The Chapters Which Follow-- Introduction / Mark Elliott And David Feldman -- The Distinctiveness Of Public Law / David Feldman -- The Politics Of Public Law / David Howarth -- The Rule Of Law In Public Law / Jeremy Waldron -- Legislative Supremacy In A Multidimensional Constitution / Mark Elliott -- The Politics Of Accountability / Tony Wright -- Rights And Democracy In Uk Public Law / Aileen Mcharg -- Public Law Values In The Common Law / Mark Aronson -- Public Law And Public Laws / Paul Craig -- Public Law And Privatisation / A.c.l. Davies -- State Architecture : Subsidiarity, Devolution, Federalism And Independence / Christopher Mccrudden -- Soft Law Never Dies / Richard Rawlings -- The Impact Of Public Law Litigation / Maurice Sunkin -- Designing And Operating Constitutions In Global Context / Cheryl Saunders. Edited By Mark Elliott And David Feldman. Includes Bibliographical References And Index. Contents 6 Notes on contributors 8 Introduction 10 1 The distinctiveness of public law 26 2 The politics of public law 46 3 The rule of law in public law 65 4 Legislative supremacy in a multidimensional constitution 82 5 The politics of accountability 105 6 Rights and democracy in UK public law 125 7 Public law values in the common law 143 8 Public law and public laws 162 9 Public law and privatisation 181 10 State architecture: subsidiarity, devolution, federalism 202 11 Soft law never dies 224 12 The impact of public law litigation 245 13 Designing and operating constitutions in global context 265 Index 284 "This collection of essays explores themes and controversies (legal, political and scholarly) in public law which are subjects of current debate in that area, while also (we hope) contributing to those debates from both practical and theoretical perspectives. The purposes of this Introduction are to set the scene by outlining the political context in which public law and its scholarship have developed over the past forty or so years, and to locate within that context and in relation to each other some of the themes which our contributors develop in the chapters which follow."--Résumé de l'éditeur