Librería Portfolio

Examines the role of public law within the modern, increasingly globalized, state, an important, yet understudied, area of constitutional law theory
Draws conclusions for the future of public law in the context of global governance
Studies the domain of public law, the public/private divide, and the relationship between public law and private law
Contributors to the volume include Benedict Kingsbury, Martin Loughlin, Hector MacQueen, and Neil Walker




Public law has been conceived in many different ways, sometimes overlapping, often conflicting. However in recent years a common theme running through the discussions of public law is one of loss. What function and future can public law have in this rapidly transforming landscape, where globalized states and supranational institutions have ever-increasing importance?

The contributions to this volume take stock of the idea, concepts, and values of public law as it has developed alongside the growth of the modern state, and assess its continued usefulness as a distinct area of legal inquiry and normativity in light of various historical trends and contemporary pressures affecting the global configuration of law in general.

Divided into three parts, the first provides a conceptual, philosophical, and historical understanding of the nature of public law, the nature of private law and the relationship between the public, the private, and the concept of law. The second part focuses on the domains, values, and functions of public law in contemporary (state) legal practice, as seen, in part, through its relationship with private domains, values, and functions. The final part engages with the new legal scholarship on global transformation, analysing the changes in public law at the national level, including the new forms of interpenetration of public and private in the market state, as well as exploring the ubiquitous use of public law values and concepts beyond the state.



Table of Contents

1:Introduction, Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker
Part One: The Nature of Public and Private Law
2:The Nature of Public Law, Martin Loughlin
3:Public Law and the Emergence of the Political, Chris Thornhill
4:Private and Public: Some Banalities About a Platitude, William Lucy
5:The Public, the Private, and the Law, Claudio Michelon
Part Two: The Domain, Values, and Functions of Public Law
6:Defending the Domain of Public Law, Cormac Mac Amhlaigh
7:Public Law and Democracy: The Case of Constitutional Rights, Richard Bellamy
8:The Nation as ´The Public´: The Resilient Functionalism of Public Law, Stephen Tierney
9:Public Law, Private Law, and National Identity, Hector MacQueen
Part Three: The Evolution of Public Law?
10:Globalization and the Transcendence of the Public/Private Divide - What is Public Law under Conditions of Globalization?, Inger-Johanne Sand
11:(The Failure of) Public law and the Deliberative Turn, Oliver Gerstenberg
12:The Postnational Horizon of Constitutionalism and Public Law: Paradigm Extension or Paradigm Exhaustion?, Neil Walker
13:The Global Governance of Public Law, Megan Donaldson and Benedict Kingsbury
14:The (re)Constitution of the Public, Gianluigi Palombella