Author: Martin Loughlin Publisher: Oxford University Press ISBN: 9780198260158 Category : Law Languages : en Pages : 476
Book Description
This book seeks to trace the main dimensions of recent conflicts between central departments of governments and local authorities and to reveal something of their significance. It does so by focusing on the role of law in shaping the central-local government relations which is neglected in many contemporary studies and yet is of vital importance in identifying the character of that relationship. Precisely why they should be so is not self-evident. The main objective of this introduction therefore is to highlight the importance of this dimension to the study of central-local relations and then to explain the way in which the key themes of the study are to be addressed. One highly significant aspect of the study is the identification of a process of juridfication which is only gradually becoming clear. This has not only been a major undertaking, it has also been a highly complex, ambiguous, confusing, and frustrating activity. This has caused problems for government and for the judiciary and not surprisingly there have been expressions of discomfort on all sides. This book helps to explain where the process may have gone wrong and why ultimately it may be an objective which cannot be realised. Ultimately what the book seeks to demonstrate is that the issues raised by the government of central-local relations transcend the institution of local government and are directly linked to our system of parliamentary democracy. Furthermore the author argues that the system of central-local government relations has evolved in such a way that it reveals a great deal about our tradition of public law. An examination of these issues through an explication of the themes of legality and locality therefore requires the reader to address basic questions about the nature of contemporary British government.
Author: Martin Loughlin Publisher: OUP Oxford ISBN: 0191648175 Category : Law Languages : en Pages : 528
Book Description
Foundations of Public Law offers an account of the formation of the discipline of public law with a view to identifying its essential character, explaining its particular modes of operation, and specifying its unique task. Building on the framework first outlined in The Idea of Public Law (OUP, 2003), the book conceives public law broadly as a type of law that comes into existence as a consequence of the secularization, rationalization and positivization of the medieval idea of fundamental law. Formed as a result of the changes that give birth to the modern state, public law establishes the authority and legitimacy of modern governmental ordering. Public law today is a universal phenomenon, but its origins are European. Part I of the book examines the conditions of its formation, showing how much the concept borrowed from the refined debates of medieval jurists. Part II then examines the nature of public law. Drawing on a line of juristic inquiry that developed from the late sixteenth to the early nineteenth centuries-extending from Bodin, Althusius, Lipsius, Grotius, Hobbes, Spinoza, Locke and Pufendorf to the later works of Montesquieu, Rousseau, Kant, Fichte, Smith and Hegel-it presents an account of public law as a special type of political reason. The remaining three Parts unpack the core elements of this concept: state, constitution, and government. By taking this broad approach to the subject, Professor Loughlin shows how, rather than being viewed as a limitation on power, law is better conceived as a means by which public power is generated. And by explaining the way that these core elements of state, constitution, and government were shaped respectively by the technological, bourgeois, and disciplinary revolutions of the sixteenth century through to the nineteenth century, he reveals a concept of public law of considerable ambiguity, complexity and resilience.
Author: Jane Holder Publisher: Routledge ISBN: 0429832133 Category : Social Science Languages : en Pages : 390
Book Description
First published in 1999, this volume is concerned with how issues of identity and locality – globalization and ethics, valuing the environment, environmental justice and the use of traditional and new legal forms – cross the disciplines of law, ethics, geography, political science and social theory. Necessarily diverse, the collection both explores and confronts the limitations of law that prevent recognition of the relationship between humans and nature.
Author: Martin Loughlin Publisher: ISBN: 9780191594267 Category : Public law Languages : en Pages : 515
Book Description
This text develops Martin Loughlin's distinctive and provocative theory of public law. Tracing the historical evolution of the concept of public law, the book rethinks the foundational concepts of state, constitution, and government, arguing that public power is created, not controlled, by law.
Author: James T. O'Reilly Publisher: American Bar Association ISBN: 9781590317440 Category : Law Languages : en Pages : 252
Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author: David J. McCarthy Publisher: ISBN: Category : Law Languages : en Pages : 484
Book Description
Local Governing Power: General Aspects, Limitations, Resolution of Power Conflicts and Challenges; Formation of the Local Government, Alteration, Boundary Changes; Some Problems of Organization and Operation: Officers, Employees, Allocation and Delegation of Functions, Elections; Regulation of Conduct and the Use of Land: Acquisition, Limitations on Use and Disposition of Goods, Services and Property; Revenues; Considerations Pertinent to Citizen Litigation with Local Governments.
Author: Lynn A. Baker Publisher: Foundation Press ISBN: 9781599414201 Category : Local government Languages : en Pages : 0
Book Description
The Fourth Edition considers the unique role that local governments play in the federal system. The book asks about the distinct characteristics of local governments that distinguish them from other levels of government. The materials then explore three relationships involving local governments: the relationship between the locality and the state, the relationship between the locality and its residents, and the relationship between the locality and its neighbors. The new edition discusses recent developments in the relationship between the federal government and states and localities, including: the U.S. Supreme Court's decisions in Riegel v. Medtronic (2008), Good v. Altria Group (2009), and Levine v. Wyeth (2009) concerning the federal preemption of state law; the 6th Circuit's decision in School District of Pontiac v. Secretary of the U.S. Dep't of Education (2009), involving the No Child Left Behind Act and unfunded federal mandates to states and school districts; and the U.S. Supreme Court's decision in Gonzales v. Raich (2005), affirming Congress's power under the Commerce Clause to prohibit states from authorizing the use of marijuana for medical purposes. The fourth edition also includes new materials concerning the role of local governments in local economic development.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Martin Loughlin
Author: Martin Loughlin
Author: Jane Holder
Author: Martin Loughlin
Author: James T. O'Reilly
Author: David J. McCarthy
Author: Jefferson Barnes Fordham
Author: Lynn A. Baker
Author: American Bar Association. House of Delegates
Author: