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Public Law and Democracy in the United Kingdom and the United States of America (Hardcover)
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Public Law and Democracy in the United Kingdom and the United States of America (Hardcover)
Series: Clarendon Law Series
Expected to ship within 12 - 17 working days
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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.
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