Michael A Wilkinson - Questioning the Foundations of Public Law

QUESTIONING THE FOUNDATIONS OF PUBLIC LAW

In 2010, Martin Loughlin, Professor of Public Law at the LSE, published Foundations of Public Law, an account of the foundation of the discipline of public law with a view to identifying its essential character. The book has become a landmark in the field, and it has been said, notably by one its major critics, that it now provides the starting point for any deeper inquiry into the subject. The purpose of this volume is critically to engage with Foundationsconceptually, comparatively and historicallyfrom the viewpoints of public law, private law, political, social and legal theory, as well as jurisdictional perspectives including the UK, the US, India, and Continental Europe. Scholars also consider the legacy and continuing relevance of Foundations in the light of developments in transnational law, global law and regional integration in the European Union.

Questioning the Foundations
of Public Law

Edited by

Michael A Wilkinson

and

Michael W Dowdle

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First published in Great Britain 2018

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A catalogue record for this book is available from the British Library.

Library of Congress Cataloging-in-Publication data

Names: Wilkinson, Michael A., editor. | Dowdle, Michael W., editor.

Title: Questioning the foundations of public law / edited by Michael A. Wilkinson and Michael W. Dowdle.

Description: Oxford [UK] ; Portland, Oregon : Hart Publishing, 2018. | Includes bibliographical
references and index.

Identifiers: LCCN 2017056098 (print) | LCCN 2017056692 (ebook) | ISBN 9781509911684 (Epub) |
ISBN 9781509911677 (hardback : alk. paper)

Subjects: LCSH: Public law. | Public lawPolitical aspects.

Classification: LCC K3150 (ebook) | LCC K3150 .W53 2018 (print) | DDC 342dc23

LC record available at https://lccn.loc.gov/2017056098

ISBN:HB:978-1-50991-167-7

ePDF:978-1-50991-169-1

ePub:978-1-50991-168-4

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Thanks are due first and foremost to Martin Loughlin for helping to make this project happen. He handled the challenge of exploring his work with a broad array of commentatorsboth sympathetic and not so sympatheticwith tenacity and patience. It is testament to the interest that his Foundations of Public Law has aroused that we were able to garner contributors from such different disciplines and perspectives, all willing to give it a full and critical treatment. We would like to thank them for the huge amount of work they put into their chapters. And it is testament to the strength of Foundations that Martin was able to mount such a vigorous defence and one which sets the scene for further investigations.

This volume began with a conference at the National University of Singapore in March 2015, where we discussed the drafts that were to become the present chapters. The conference was made possible by Research Grant R-241-000-XXX-112 made under the Singapore Ministry of Education Academic Research Fund Tier 1. That grant supported the Review workshop for Martin Loughlins Foundations of Public Law, which was held at NUS Law Faculty and we would like to thank the faculty for the support they provided.

We were fortunate to be able to publish a number of chapters in earlier versions in the journal Jus Politicum: Revue de Droit Politique and we would like to thank the journal and Denis Baranger in particular for facilitating that process.

We would also like to thank Samuel Tschorne, Signe Rehling Larsen and Anca Bunda for invaluable assistance with arduous editorial and bibliographical work.

Finally, thanks to Hart Publishing for their own patience and support in bringing this volume to fruition.

Mike Wilkinson and Mike Dowdle

London, October 2017

Denis Baranger, Professor of Public Law, University of Paris II Panthon-Assas, France

Jacco Bomhoff, Associate Professor of Law, London School of Economics and Political Science, UK

Hauke Brunkhorst, Professor of Sociology and Head of the Institute of Sociology, University of Flensburg, Germany

Michael W Dowdle, Associate Professor of Law, National University of Singapore

Marco Goldoni, Senior Lecturer in Law, University of Glasgow, UK

Andrew Halpin, Professor of Law and Director of the Centre for Legal Theory, National University of Singapore

Bob Jessop, Distinguished Professor of Sociology, University of Lancaster, UK

Matthew John, Associate Professor and Executive Director, Centre of Public Law and Jurisprudence, Jindal Global Law School, India

Martin Loughlin, Professor of Public Law, London School of Economics and Political Science, UK

Panu Minkkinen, Professor of Jurisprudence, University of Helsinki, Finland

James Penner, Professor of Law, National University of Singapore

Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, USA

Neil Walker, Regius Professor of Public Law and the Law of Nature and Nations, University of Edinburgh, UK

Michael A Wilkinson, Associate Professor of Law, London School of Economics and Political Science, UK

Anna Yeatman, Professor, Institute for Culture and Society, University of Western Sydney, Australia

MICHAEL A WILKINSON AND MICHAEL W DOWDLE

This book is about Foundations of Public Law, but also about the foundations of public law. The chapters do more than just address Martin Loughlins text; they examine broader issues surrounding the nature of the subject, its autonomy and its methodology, and the nature of the object with which it is so intimately associated; the modern state. Loughlins Foundations of Public Law