000			03811cam a22003614a 4500
005			20250918153038.0
008			120403s2010 enk 001 0 eng
020			_a9780199256853 (hardback) _cRM299.83
020			_a0199256853 (hardback)
039		9	_a201209261122 _badnan _c201209051616 _dmasrul _y04-03-2012 _zmasrul
040			_aDLC _cDLC _dYDX _dBWK _dYDXCP _dBWX _dCDX _dDLC _dUKM
090			_aC70.L68 2
090			_aC70 _b.L68 2
100	1		_aLoughlin, Martin.
245	1	0	_aFoundations of public law / _cMartin Loughlin.
260			_aOxford : _bOxford University Press, _c2010.
300			_axii, 515 p. ; _c24 cm.
504			_aIncludes bibliographical references (p. [467]-510) and index.
505	8		_aMachine generated contents note: -- Introduction: Rediscovering Public Law -- <strong>Part I: Origins </strong> -- 1. Medieval Origins -- 2. The Birth of Public Law -- <strong>Part II: Formation </strong> -- 3. The Architecture of Public Law -- 4. The Science of Political Right - I -- 5. The Science of Political Right - II -- 6. Political Jurisprudence -- <strong>Part III: State </strong> -- 7. The Concept of the State -- 8. The Constitution of the State -- 9. State Formation -- <strong>Part IV: Constitution </strong> -- 10. The Constitutional Contract -- 11. Rechtsstaat, The Rule of Law, L'Etat de droit -- 12. Constitutional Rights -- <strong>Part V: Government </strong> -- 13. The Prerogatives of Government -- 14. Potentia -- 15. The New Architecture of Public Law.
520			_a'Foundations of Public Law offers a distinctive, provocative theory of public law, building on the views first outlined in The Idea of Public Law (OUP, 2003). The theory aims to identify the essential character of public law, explain its particular modes of operation, and specify its unique task. Public law is conceived 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 16th-19th centuries, he reveals a concept of public law of considerable ambiguity, complexity and resilience'-- _cProvided by publisher.
650		0	_aPublic law.
650		0	_aPublic law _xHistory.
650		0	_aPublic law _xPhilosophy.
650		0	_aState, The.
650		0	_aRule of law.
907			_a.b15312422 _b2021-05-28 _c2019-11-12
942			_c01 _n0 _kC70.L68 2
914			_avtls003495165
990			_amab
991			_aFakulti Undang-Undang
998			_au _b2012-03-04 _cm _da _feng _genk _y0 _z.b15312422
999			_c515097 _d515097