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The Idea of Public Law

Martin Loughlin| 
Oxford University Press (December 2003)

The Idea of Public Law argues that public law must be treated as a special, indeed autonomous, subject and that many of the controversies within both contemporary jurisprudence and the practice of law have arisen because this argument has been neglected and even suppressed. With an account of the juristic significance of classical political thought (Bodin, Hobbes, Locke and Prufendorf) as well as select modern thinkers, Loughlin argues that the basic building blocks of the subject are those of governing, politics, representation, sovereignty, constituent power and rights. Through an elaboration of these foundational concepts, he explores the nature and method of public law, and offers a novel account of the idea of public law. 

This work will appeal to advanced students and academics in public law and political theory, as well as lawyers specializing in public law. 


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