Public Law

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Throughout the twentieth century the LSE led the way in the development of public law scholarship in Britain. The pioneering work was undertaken during the interwar era by H.J. Laski, W.I. Jennings and W.A. Robson; many of the ground-breaking texts covering the range of constitutional and administrative law and promoting a distinctively 'modern' or 'functionalist' approach to the subject were written by these leading scholars. This distinctive approach was built upon and extended after 1945 by such scholars as S.A. de Smith, J.A.G. Griffith, J.D.B. Mitchell and Carol Harlow. In short, most of the leading scholarly texts in British public law have been written by LSE scholars. This tradition of innovation is today carried on by a strong team of scholars working on questions of both theory and practice in constitutional and administrative law (Martin Loughlin, Jo Murkens, Thomas Poole, Grégoire Webber, Mike Wilkinson), regulation (Robert Baldwin, Julia Black, Andrew Scott), and human rights law (Conor Gearty, Kai Moller, Grégoire Webber).

 

 

 

Public Law : Landmark Texts

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Laski, Foundations of Sovereignty (1921)

Robson, Justice and Administrative Law (1928)

Robson, The Development of Local Government (1931)

Laski, Studies in Law and Politics (1932)

Jennings, Law and the Constitution (1933)

Jennings, Cabinet Government (1936)

Griffith, Principles of Administrative Law (1952: with Harry Street)

Mitchell, The Contracts of Public Authorities (1954)

de Smith, Judicial Review of Administrative Action (1958)

Robson, Nationalised Industry and Public Ownership (1960)

De Smith, The New Commonwealth and its Constitutions (1964)

Griffith, Central Departments and Local Authorities (1966)

Griffith, Parliamentary Scrutiny of Government Bills (1974)

Griffith, The Politics of the Judiciary (1977)

Harlow, Law and Administration (1984: with Rawlings)

Griffith, Parliament: Functions, Practices and Procedures (1989: with Ryle)

Harlow, Pressure Through Law (1992: with Rawlings)

Harlow, Accountability in the European Union (2002)

Public Law : Monographs of Current Staff

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Baldwin, Regulation and Public Law (W&N, 1987, with McCrudden)

Baldwin, Rules and government (OUP 1995)

Baldwin, Understanding regulation : theory, strategy, and practice (OUP, 1999)

Baldwin, The Government of Risk (OUP 2001,with C. Hood and H. Rothstein)

Baldwin, Understanding Regulation 2nd edn. (2012) Oxford University Press (with M.Cave and M. Lodge).

Baldwin, The Oxford Handbook of Regulation (2010) Oxford University Press (ed. with M.Cave and M. Lodge).

Black, Rules and Regulators (OUP, 1997)

Black, Regulatory Innovation: A Comparative Analysis (Edward Elgar, 2005); co-edited with M. Lodge and M. Thatcher

Gearty, Freedom under Thatcher: civil liberties in modern Britain (OUP, 1990 with Ewing)

Gearty, Terror (Faber, 1991)

Gearty, (ed) Terrorism (Dartmouth, 1996)

Gearty, The Future of Terrorism (Orion, 1997)

Gearty, The struggle for civil liberties : political freedom and the rule of law in Britain, 1914-1945 (OUP, 1999, with Ewing)

Gearty, Principles of Human Rights Adjudication (OUP, 2004)

Gearty, Can Human Rights Survive? (CUP, 2006)

Gearty, Civil Liberties (Oxford, 2007)

Gearty, Essays on Human Rights and Terrorism (2009)

Gearty, The Rights Future (www.therightsfuture.com)

Gearty, (with Virginia Mantouvalou) Debating Social Rights (Hart, 2011)

Loughlin, Foundations of Public Law (OUP, 2010)

Loughlin, Local Government in the Modern State (Sweet & Maxwell, 1986)

Loughlin, Public Law and Political Theory (OUP, 1992 )

Loughlin, Legality and Locality. The Role of Law in Central-Local Government Relations (OUP,1996)

Loughlin, Sword and Scales: An Examination of the Relationship between Law and Politics (Hart, 2000)

Loughlin, The Idea of Public Law (OUP, 2003)

Murkens (with Le Sueur and Sunkin), Public Law (OUP 2010)

Scott, Carter-Ruck on Libel and Privacy (Butterworths, 2010) with Doley et al.

Scott, Broadcasting (Lexis Nexis 2011)

Webber, G. The Negotiable Constitution: On the Limitation of Rights (Cambridge: Cambridge University Press, 2009)

 

 

Research Home

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Public Law :

Faculty

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Professor Robert Baldwin

Professor Julia Black

Professor Conor Gearty

Professor Carol Harlow

Dr Devika Hovell

Dr Davor Jancic (Newton Fellow)

Professor Martin Loughlin

Dr Mara Malagodi (LSE Fellow)

Luke McDonagh (LSE Fellow)

Dr Kai Moller

Professor Linda Mulcahy

Dr Jo Murkens

Professor Tim Murphy

Dr Thomas Poole

Dr Kristen Rundle

Dr Andrew Scott  

Dr Grégoire Webber

Dr Michael Wilkinson

 

Public Law :

Research Students

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Marie Burton

Email: M.P.Burton@lse.ac.uk

Thesis Title: 'Breaking the connection? The impact of remote technology in lawyer-client interactions in social welfare law’

Supervisors: Professor Linda Mulcahy and Professor Julia Black

Research Interests: Legal aid, access to justice, legal profession

Dean Knight

Email: d.r.knight@lse.ac.uk

Thesis Title: 'Vigilance and Restraint: Standards of Review in Administrative Law'

Supervisors: Professor Martin Loughlin and Dr Thomas Poole

Research Interests: Constitutional and administrative law (particularly judicial review); local government and democracy; GLBT legal issues

Recent Publications and Conference Papers

'Mapping the Rainbow of Review: Recognising Variable Intensity' (2010) NZ Law Rev 393-431

'Shaking Our Constitutional Foundations' (2010) 33(4) Public Sector 24

'The (Continuing) Regulation of Prostitution by Local Authorities' in Gillian Abel and others Taking the crime out of sex work: New Zealand sex workers' fight for decriminalisation (Policy Press, Bristol, 2010) 141-158

'A Murky Methodology: Standards of Review in Administrative Law' (2008) 6 New Zealand Journal of Public and International Law 117-160;

with Claudia Geiringer (eds), Seeing the World Whole: Essays in Honour of Sir Kenneth Keith (VUP, Wellington, 2008) 180-216

with Chris Mitchell, Local Government (Reissue 1) in McGrath (ed) The Laws of New Zealand (LexisNexis, Wellington, 2008) 1-168

"Simple, Fair, Discretionary Administrative Law" (2007) Victoria University of Wellington Law Review 91-117

Recent Publications and Conference Papers

'Local Authority Decision-Making: Obligation and Observance' Massey University Local Government Research symposium, Wellington (Dec 2010)

'Review and Appeal of Regulatory Decisions: The Tension between Supervision and Performance', Law Foundation Regulatory Reform Project symposium, Victoria University of Wellington (Nov 2010)

'Land of the Long White Fog: Judicial Review in New Zealand', ANU Public Law Weekend, Canberra (Sep 2010)

'Patriating Our Head of State: A Simpler Path', Reconstituting the Constitution conference, Victoria University of Wellington (Sep 2010)

'Judicial Review: Practical Insights, Trends, Predictions', Lawyers in Government conference, Wellington (Apr 2010)

'Deference and the Rule of Law: Calibrating Intensity in Judicial Review Canadian-Style', Canada and New Zealand: Connections, Comparisons and Challenges conference, Victoria University of Wellington (Feb 2010)

'Local Authority Decision-Making and the Consideration of Community Views: Obligation and Observance', We The People(s): Participation and Engagement in Government conference, Victoria University of Wellington (Feb 2010)

Yaniv Roznai

Email: y.roznai@lse.ac.uk

Thesis Title: ' "Unconstitutional Constitutional Amendments" - A Theoretical and Comparative Study of the Constitutional Amendment Power and its Limits' [title tbc]

Supervisors: Professor Martin Loughlin and Dr Thomas Poole

Research Interests: Comparative Constitutional Law; Constitutional Theory; International and Constitutional Protection of Human Rights; International Law of Armed Conflicts.

Recent Publications

English

'Unconstitutional Constitutional Amendments – The Migration of a Constitutional Idea', 61(3) American Journal of Comparative Law (forthcoming 2013).

'Revolutionary Lawyering? On Lawyer's Social Responsibility and Roles during a Democratic Revolution', 22(2) Southern California Interdisciplinary Law Journal (forthcoming 2013).

'Book Review: Alona Hagay-Frey, Sex and Gender Crimes in the New International Law, Martinus Nijhoff, 2011', The International Human Rights Law Review (forthcoming 2013).

'The United Nations Human Rights Council and Israel: “Sour Old Wine in a New Bottle?”', 5 Human Rights & Globalization Law Review (forthcoming 2013) (with Ido Tzang).

'The Migration of the Indian Basic Structure Doctrine', in Malik Lokendra (ed.), Judicial Activism in India - A Festschrift in Honour of Justice V. R. Krishna Iyer (Universal Law Publishing Co., 2012), 240-262

'Book Review: Dawn Oliver, Carlo Fusaro eds., How Constitutions Change: A Comparative Study, Hart Publishing, 2011', 75(5) The Modern Law Review (2012), 945-950.

'An Unconstitutional Constitutional Amendment - The Turkish Perspective: A Comment on the Turkish Constitutional Court's Headscarf Decision', 10(1) International Journal of Constitutional Law (I-Con) (2012), 175-207 (with Serkan Yolcu), http://icon.oxfordjournals.org/cgi/content/full/mos007?ijkey=fjYlwjg8RcUSHbr&keytype=ref

'Book Review: Zachary Elkins, Tom Ginsburg and James Melton, The Endurance of National Constitutions (Cambridge University Press, 2009)', 74(4) The Modern Law Review (2011), 647-651.

'Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality', 22(1) Stanford Law & Policy Review (2011), 93-127 (with Amnon Rubinstein), http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1861161

'Let the Caroline Sink! Assessing the Legality of a Possible Israeli Attack on Iranian Nuclear Facilities and Why the Traditional Self-Defense Formula Is Incompatible with the Nuclear Age', 18(2) The California International Law Journal (2010), 18-34 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1695391

Hebrew

‘When the Legislature says “Fish” – What does He Mean? On The Importance of Definitions in Legislation’, Israel Studies in Language & Society (forthcoming 2013).

‘“Cracking the Nuc” in the Legal Field: An Israeli Attack on Iran’s Nuclear Facilities From an International Law Speculum’, Shaarei Mishpat Law Review. (forthcoming 2013).

‘Human Security: An Illusion or a Real Paradigm Shift in the International Discourse?’, 10 Ono Academic College Law Review Kiryat Hamishpat (forthcoming 2013).

‘Law ‘Wants to be Free’: Publication of Legislation in the Internet Era’, 52(1) Hapraklit Law Review (Israeli Bar Assoc. Law Review) (2013), 235-308.

‘The Basic Laws on Human Rights and the Legislative Process in the Knesset – You’ve got to Practice what you Preach?’, 14 IDC Law Review - Law & The Man: Festschrift for Amnon Rubinstein (2012), 199-259.
http://portal.idc.ac.il/He/lawreview/volumes/volume14/Documents/Roznai.pdf

‘Retroactivity – Not Only a Matter of Time! Thoughts on Analyzing Retroactive Legislation Following Genis’, 9 IDC Law Review (2008), 395-458. http://portal.idc.ac.il/He/lawreview/volumes/volume09/Documents/roznai.pdf

‘Freedom of Religion’, a Research and Position paper, commissioned by the Constitution, Law and Justice Committee of the Knesset (the Israeli Parliament) (113 p., co-authored, in Hebrew, 2005), http://www.huka.gov.il/wiki/material/data/H19-07-2005_9-13-11_dat.pdf

‘The Right to Life’, a Research and Position paper, commissioned by the Constitution, Law and Justice Committee of the Knesset (the Israeli Parliament) (84 p., co-authored, in Hebrew, 2005), http://www.huka.gov.il/wiki/material/data/H19-01-2005_11-36-34_zchuthaim.pdf

Recent Conference Papers

‘'Unamendable Provisions’ as Means for Building Constitutional Solidarity’, 2012 Yale Law School Doctoral Scholarship Conference (Yale, 30 November 2012).

‘Unconstitutional Constitutional Amendments – The Migration of a Constitutional Idea’, 2012 Loyola Annual Constitutional Law Colloquium (Loyola Chicago, 03 November 2012).

‘Is there nothing new under the sun? The United Nations Human Rights Council and Israel’, Perspectives on Justice & Human Rights (Southern New Hampshire University, 19 September 2012).

‘Limitation on the Constitutional Amendment Power’, Atlas Agora PhD Workshop (Bar-Ilan University, 26 June 2012).

‘The United Nations Human Rights Council and Israel’, Beyond the Law: Critical Reflections on International Human Rights Law & Policy 2012 (Griffith College Cork, 8 June 2012).

‘The United Nations Human Rights Council and Israel: “Sour Old Wine in a New Bottle?”’, Creighton University Public International Law & Foreign Affairs Conference (Creighton University, 30 March 2012).

‘Explicit Limits upon the Constitutional Amendment Power’, American Society For Comparative Law Annual Works-in-Progress Workshop (Princeton University, 11 February 2012).

‘Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality’, Stanford Law & Policy Defense Policy Symposium (Stanford University, 22 January 2011).
 

Mark Searl

Email: M.K.Searl@lse.ac.uk

Thesis Title: 'New Natural Law Theory as a Normative Theory of International Law'

Supervisors: Dr. Emmanuel Melissaris and Dr. Stephen Humphreys.

Samuel Tschorne

Email: s.i.tschorne@lse.ac.uk

Thesis Title: 'Law and legitimacy'

Supervisors: Professor Martin Loughlin and Professor Damian Chalmers

Research Interests: Constitutional theory; legal and political theory; Comparative constitutional law; administrative law; EU public law.