Public Law and Democracy in the United Kingdom and the United States of America
Seiten
1991
Clarendon Press (Verlag)
978-0-19-825637-3 (ISBN)
Clarendon Press (Verlag)
978-0-19-825637-3 (ISBN)
The author seeks to redefine the boundary between constitutional law and administrative law, and to show that a real understanding of their role and significance requires an examination of the political theory of the society in which the law operates.
This bold and powerfully argued book has two themes. The `minor' theme is that the content and direction of both constitutional and administrative law are integrally related. The `major' theme is that their nature and content can only be properly understood against the background political theory which a society actually espouses, or against such a background which a particular commentator believes a society should espouse.
Public Law and Democracy in the United Kingdom and United States of America brings the fruits of writings in political science and political theory to bear on the issues of public law. A critical examination of the centralist democratic views of Dicey is followed by an extensive discussion of a variety of pluralist theories of democracy, tracing their development in the USA from the early twentieth century to their more sophisticated recent versions. A similar analysis is applied to a cross-section of English pluralists, and in all cases the discussion is followed by a criticism of the views expounded and an exploration of their implications for public law. Considerable space is devoted to the examination of Rawls' views and their implications for public law and to a discussion of Republicanism and radical participatory democracy arguments.
This bold and powerfully argued book has two themes. The `minor' theme is that the content and direction of both constitutional and administrative law are integrally related. The `major' theme is that their nature and content can only be properly understood against the background political theory which a society actually espouses, or against such a background which a particular commentator believes a society should espouse.
Public Law and Democracy in the United Kingdom and United States of America brings the fruits of writings in political science and political theory to bear on the issues of public law. A critical examination of the centralist democratic views of Dicey is followed by an extensive discussion of a variety of pluralist theories of democracy, tracing their development in the USA from the early twentieth century to their more sophisticated recent versions. A similar analysis is applied to a cross-section of English pluralists, and in all cases the discussion is followed by a criticism of the views expounded and an exploration of their implications for public law. Considerable space is devoted to the examination of Rawls' views and their implications for public law and to a discussion of Republicanism and radical participatory democracy arguments.
Dicey - unitary, self-correcting democracy, and public law; pluralist democracy, groups and process - USA; pluralism, process and substance - UK; constitutional reform and democracy - UK; liberalism - the right, the good and the scope of public law; republicanism, civic virtue and participatory democracy; participatory democracy - the radical view.
| Erscheint lt. Verlag | 17.1.1991 |
|---|---|
| Reihe/Serie | Clarendon Law Series |
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 144 x 224 mm |
| Gewicht | 735 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Öffentliches Recht | |
| Sozialwissenschaften ► Politik / Verwaltung ► Staat / Verwaltung | |
| ISBN-10 | 0-19-825637-X / 019825637X |
| ISBN-13 | 978-0-19-825637-3 / 9780198256373 |
| Zustand | Neuware |
| Informationen gemäß Produktsicherheitsverordnung (GPSR) | |
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