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Law in Modern Society
Providing an introduction to law in modern society, D. J. Galligan considers how legal theory, and particularly H. L. A Hart's The Concept of Law, has developed the idea of law as a highly developed social system, which has a distinctive character and structure, and which shapes and influences people's behaviour. The concept of law as a distinct social phenomenon is examined through reference to, and analysis of, the work of prominent legal and social theorists, in particular M. Weber, E. Durkheim, and N. Luhmann. Galligan's approach is guided by two main ideas: that the law is a social formation with its own character and features, and that at the same time it interacts with, and is affecte...
Social and Political Foundations of Constitutions
This volume analyses the social and political forces that influence constitutions and the process of constitution making. It combines theoretical perspectives on the social and political foundations of constitutions with a range of detailed case studies from nineteen countries. In the first part leading scholars analyse and develop a range of theoretical perspectives, including constitutions as coordination devices, mission statements, contracts, products of domestic power play, transnational documents, and as reflection of the will of the people. In the second part these theories are examined through in-depth case studies of the social and political foundations of constitutions in countries such as Egypt, Nigeria, Japan, Romania, Bulgaria, New Zealand, Israel, Argentina and others. The result is a multidimensional study of constitutions as social phenomena and their interaction with other social phenomena.
Administrative Law
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Procedure
This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.
Constitution in Crisis
The debates that began at St Mary's Church, Putney on 28 October 1647 pioneered the liberal, democratic settlement in England: a written constitution, universal suffrage, freedom of conscience and equality before the law. Four centuries later, the 2016 Brexit referendum raised fundamental questions concerning the constitution of the United Kingdom. Following the High Court ruling that the government, under a centuries-old Royal Prerogative, does not have the power to trigger Article 50 to leave the EU, MPs have claimed that we are entering a full-blown constitutional crisis. The parallels between 1647 and 2017 are striking. Government has been toppled, a new leadership has emerged, and the t...
Administrative Law in Central and Eastern Europe
Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.
A Reader on Administrative Law
This volume brings together for the first time a collection of Readings in Administrative Law which approaches the subject from a socio-legal perspective. The extended introduction gives an overall description of the socio-legal work in administrative law and sketches an analytical framework within which such work should be understood. It brings out the strengths and achievements of socio-legal research in the field, while also showing areas where work might usefully be done in the future. The volume is specially directed at courses in administrative law where a broader perspective fits so well. It should be a useful sourcebook for both teachers and students.
The Courts and the People: Friend Or Foe?
"On 28 October 1647, the weekly meeting of the General Council of the New Model Army held in St Mary's Church, Putney turned into a debate about matters of constitution ... Nearly four centuries later, in 2017, the Putney Debates were revived. The constitutional controversies aroused by the referendum in 2016 on Britain's membership of the European Union were the stimulus ... This volume results from the 2019 debates on the subject of the courts ... The following chapters, with one exception, began with the presentations at Putney in March 2019 ... The debate was made possible by the sponsorship of the Foundation for Law Justice & Society, an independent institute, which has now ceased activities but was at the time affi liated with Oxford University" -- ECIP Preface.
Constitutions and the Classics
Focusing on major political and legal theorists whose work on constitutional theory had a significant impact, this book unearths an untold story of the development of constitutional thought in the context of the broader political environment.
