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, Thomas Poole), regulation (Robert Baldwin, Julia Black, Andrew Scott), and human rights law (Conor Gearty).

 

 

 

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)

Black, Rules and Regulators (OUP, 1997)

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

Cranston, The Legal Foundations of the Welfare State (W&N 1985)

Cranston, Law, Government and Public Policy (OUP, 1987)

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

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)

Jacob, Civil Justice in the Age of Human Rights, (Ashgate, 2007)

Jacob The Republican Crown: Lawyers and the Making of the State in Twentieth Century Britain (Dartmouth, 1996)

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)

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

 

 

Research Home

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Public Law Society

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The LSE Public Law Society will discuss current issues in public law in practice and encourage comparative public law analysis. The discussion forums will meet once a term. 
The Patron is the Rt. Hon. Lord Justice Sir Stephen Sedley QC; Chairman: Professor Martin Loughlin; Director & Administrator: Abhijit Pandya.

 

Public Law :

Faculty

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Professor Robert Baldwin

Professor Julia Black

Professor Conor Gearty

Professor Carol Harlow

Professor Martin Loughlin

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

 

Public Law :

Research Students

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Marie Burton

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

Thesis Title: 'The impact of remote communication on the legal process from lawyer-client consultation to the court trial'

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

'An Unconstitutional Constitutional Amendment - The Turkish Perspective: A Comment on the Turkish Constitutional Court’s Headscarf Decision No. 2008/16; 2008/116 of June 5, 2008' Int'l J. Const. L. (I-Con) (forthcoming, 2011) (co-authored with Serkan Yolcu).

'Human Shields in Modern Armed Conflicts: The Need for a Proportionate Proportionality' 22(1) Stanford Law and Policy Review (S.L.P.R) (forthcoming, 2011) (co-authored with Amnon Rubinstein).

'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) Cal. J. Int'l L. 18-34 (2010)

'Who Needs Human Security?' Siach Mishpat (Legal Debate) (2010) (14 pages, in Hebrew)

'Retroactivity – Not Only a Matter of Time! Thoughts on Analyzing Retroactive Legislation Following Genis' 9 Law & Business 395-458 (2008) (in Hebrew)

'Freedom of Religion': a 113 pages Research and Position paper, commissioned by the Constitution, Law and Justice Committee of the Knesset (the Israeli Parliament) (co-authored, in Hebrew, 2005)

'The Right to Life': a 84 pages Research and Position paper, commissioned by the Constitution, Law and Justice Committee of the Knesset (the Israeli Parliament) (co-authored, in Hebrew, 2005).

Recent Conference Papers

'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: 'The Application of Natural Law Principles in Modern International Law'

Supervisors: Professor Neil Duxbury and Dr Florian Hoffmann