Public Law and Democracy in the United Kingdom and the United States of America
Series: Clarendon Law Series;
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73 368 Ft
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Product details:
- Publisher Clarendon Press
- Date of Publication 17 January 1991
- ISBN 9780198256373
- Binding Hardback
- No. of pages454 pages
- Size 224x144x31 mm
- Weight 735 g
- Language English 0
Categories
Short description:
This book develops a new and unique theory for the role of law in a democratic society. It links the content, shape, and structure of constitutional and administrative law more directly with the background ideas of political theory. It also shows how constitutional and administrative law are integrally related. The book gives detailed attention to public law in the UK and USA, but the methodology it presents could be applied to the study of law in any other country.
MoreLong description:
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.
The book offers much to those who have a thorough knowledge of the major modern writers of legal theory ... his analyses are well-judged ... We are far from achieving Napoleon's alleged goal of making the citizen's law intelligible to every citizen. A step towards that goal would be to make the links between legal theory and legal practice clear to academics and the interested public beyond the walls of the law department. This book offers a vital first step.
