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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 of its major critics, that it
now provides the 'starting point' for any deeper inquiry into the
subject. The purpose of this volume is to engage critically with
Foundations - conceptually, comparatively and historically - from
the viewpoints of public law, private law, political, social and
legal theory, as well as jurisdictional perspectives including the
UK, 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.
Asian Capitalism and the Regulation of Competition explores the
implications of Asian forms of capitalism and their regulation of
competition for the emerging global competition law regime. Expert
contributors from a variety of backgrounds explore the topic
through the lenses of formal law, soft law and transnational
regulation, and make extensive comparisons with Euro-American and
global models. Case studies include Japan, China and Vietnam, and
thematic studies include examinations of competition law's
relationship with other regulatory terrains such as public law,
market culture, regulatory geography and transnational production
networks.
Asian Capitalism and the Regulation of Competition explores the
implications of Asian forms of capitalism and their regulation of
competition for the emerging global competition law regime. Expert
contributors from a variety of backgrounds explore the topic
through the lenses of formal law, soft law and transnational
regulation, and make extensive comparisons with Euro-American and
global models. Case studies include Japan, China and Vietnam, and
thematic studies include examinations of competition law's
relationship with other regulatory terrains such as public law,
market culture, regulatory geography and transnational production
networks.
Globalisation impacts every aspect of modern society and today's
law graduates are expected to deal with complex legal problems that
require knowledge and training that goes beyond domestic law. This
textbook provides an overview of how law is becoming increasingly
transnational, facilitating theoretical and practical engagement
with transnational legal institutions and phenomena. It advances an
analytic framework that will help students to understand what to
look for when they encounter transnational legal institutions and
practices, and what are the practical and normative implications of
their findings. By considering both the theory and practice of
transnational law and taking a discursive approach to the material,
students are encouraged to arrive at their own conclusions.
Adopting interdisciplinary techniques and using case studies from
around the world, this book offers a holistic, balanced exploration
of a new and emerging discipline.
Globalisation impacts every aspect of modern society and today's
law graduates are expected to deal with complex legal problems that
require knowledge and training that goes beyond domestic law. This
textbook provides an overview of how law is becoming increasingly
transnational, facilitating theoretical and practical engagement
with transnational legal institutions and phenomena. It advances an
analytic framework that will help students to understand what to
look for when they encounter transnational legal institutions and
practices, and what are the practical and normative implications of
their findings. By considering both the theory and practice of
transnational law and taking a discursive approach to the material,
students are encouraged to arrive at their own conclusions.
Adopting interdisciplinary techniques and using case studies from
around the world, this book offers a holistic, balanced exploration
of a new and emerging discipline.
Constitutionalism beyond Liberalism bridges the gap between
comparative constitutional law and constitutional theory. The
volume uses the constitutional experience of countries in the
global South - China, India, South Africa, Pakistan, Indonesia, and
Malaysia - to transcend the liberal conceptions of
constitutionalism that currently dominate contemporary comparative
constitutional discourse. The alternative conceptions examined
include political constitutionalism, societal constitutionalism,
state-based (Rousseau-ian) conceptions of constitutionalism, and
geopolitical conceptions of constitutionalism. Through these
examinations, the volume seeks to expand our appreciation of the
human possibilities of constitutionalism, exploring
constitutionalism not merely as a restriction on the powers of
government, but also as a creating collective political and social
possibilities in diverse geographical and historical settings.
Constitutionalism beyond Liberalism bridges the gap between
comparative constitutional law and constitutional theory. The
volume uses the constitutional experience of countries in the
global South - China, India, South Africa, Pakistan, Indonesia, and
Malaysia - to transcend the liberal conceptions of
constitutionalism that currently dominate contemporary comparative
constitutional discourse. The alternative conceptions examined
include political constitutionalism, societal constitutionalism,
state-based (Rousseau-ian) conceptions of constitutionalism, and
geopolitical conceptions of constitutionalism. Through these
examinations, the volume seeks to expand our appreciation of the
human possibilities of constitutionalism, exploring
constitutionalism not merely as a restriction on the powers of
government, but also as a creating collective political and social
possibilities in diverse geographical and historical settings.
There is an ongoing perception that public accountability in
modern-day governance is in 'crisis', caused by globalization and
the increasing power of private economic interests. This book
responds to that idea, providing the most comprehensive survey to
date of how different organizations hold persons acting in the
public interest to account, and the various problems they face. The
book shows how key issues, such as public-mindedness, democracy and
responsibility, and structures, such as bureaucracy, markets and
transparency, adopt radically different and sometimes contradictory
interpretations when viewed from different experiential
perspectives. It also demonstrates how underlying all this are core
communities of experiences that bind these diverse interpretations
and perspectives into a complex web of mutual interaction and
influence. The book includes studies not only of Anglo-American
experiences, but also of the experiences of foreign and
transnational organizations: NGOs, transnational resistance
movements, the Indonesian labor movement, and the Chinese
Parliament.
There is an ongoing perception that public accountability in
modern-day governance is in 'crisis', caused by globalization and
the increasing power of private economic interests. This book
responds to that idea, providing the most comprehensive survey to
date of how different organizations hold persons acting in the
public interest to account, and the various problems they face. The
book shows how key issues, such as public-mindedness, democracy and
responsibility, and structures, such as bureaucracy, markets and
transparency, adopt radically different and sometimes contradictory
interpretations when viewed from different experiential
perspectives. It also demonstrates how underlying all this are core
communities of experiences that bind these diverse interpretations
and perspectives into a complex web of mutual interaction and
influence. The book includes studies not only of Anglo-American
experiences, but also of the experiences of foreign and
transnational organizations: NGOs, transnational resistance
movements, the Indonesian labor movement, and the Chinese
Parliament.
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 of its major critics, that it
now provides the 'starting point' for any deeper inquiry into the
subject. The purpose of this volume is to engage critically with
Foundations - conceptually, comparatively and historically - from
the viewpoints of public law, private law, political, social and
legal theory, as well as jurisdictional perspectives including the
UK, 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.
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