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Public Law and Democracy in the United Kingdom and the United States of America P. P. Craig (Professorial Fellow in English Law, St John's College Oxford)

Public Law and Democracy in the United Kingdom and the United States of America By P. P. Craig (Professorial Fellow in English Law, St John's College Oxford)

Public Law and Democracy in the United Kingdom and the United States of America by P. P. Craig (Professorial Fellow in English Law, St John's College Oxford)


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Summary

The author seeks to redefine the boundary between constitutional law and administrative law, and to show that a real understanding of their role and significance requires an examination of the political theory of the society in which the law operates.

Public Law and Democracy in the United Kingdom and the United States of America Summary

Public Law and Democracy in the United Kingdom and the United States of America by P. P. Craig (Professorial Fellow in English Law, St John's College Oxford)

This bold and powerfully argued book has two themes. The `minor' theme is that the content and direction of both constitutional and administrative law are integrally related. The `major' theme is that their nature and content can only be properly understood against the background political theory which a society actually espouses, or against such a background which a particular commentator believes a society should espouse. Public Law and Democracy in the United Kingdom and United States of America brings the fruits of writings in political science and political theory to bear on the issues of public law. A critical examination of the centralist democratic views of Dicey is followed by an extensive discussion of a variety of pluralist theories of democracy, tracing their development in the USA from the early twentieth century to their more sophisticated recent versions. A similar analysis is applied to a cross-section of English pluralists, and in all cases the discussion is followed by a criticism of the views expounded and an exploration of their implications for public law. Considerable space is devoted to the examination of Rawls' views and their implications for public law and to a discussion of Republicanism and radical participatory democracy arguments.

Public Law and Democracy in the United Kingdom and the United States of America Reviews

The book offers much to those who have a thorough knowledge of the major modern writers of legal theory ... his analyses are well-judged ... We are far from achieving Napoleon's alleged goal of making the citizen's law intelligible to every citizen. A step towards that goal would be to make the links between legal theory and legal practice clear to academics and the interested public beyond the walls of the law department. This book offers a vital first step. * Journal of American Studies *
Craig's summaries of major authors are unusually clear and will provide useful overviews of their ideas for students ... there is much reading here and much learning; major figures have been taken apart and their weaknesses exposed. * Times Higher Education Supplement *
This is a work of considerable scholarship. It guides the reader surely through the work of even the most difficult writers ... The detailed references in the footnotes to the vast literature are immensely impressive. The book should be read by any student of law, philosophy, government or political science who wishes to consider fundamental questions about democracy as it has developed in Britain and in the United States ... We should be very grateful for the industry and for the anlaysis which the author has brought to this subject. * The Law Quarterly Review *
valuable book * The Cambridge Law Journal *
certain to be read by all who are interested in the area where law, political theory and philosophy meet ... Craig is very good at tracing unexpected intellectual connections and detecting hidden inconsistencies. He writes with great gusto and self-confidence ... His exposition is helped by a truly remarkable gift for categorisation and subdivision. The book is well produced. * R.F.V. Heuston, International and Comparative Law Quarterly, Vol. 41 *
The author's contention that, in an ideal world, those who would engage in serious discourse about public law must first rigorously sort out their theoretical positions is well taken. This scholarly book is an excellent place for such people to start. It is an important bridge between public law and political science, which will be read with profit in boths camps. The range covered and the skilful compression of complex argument are particularly impressive features of the book. * Gavin Drewry, Royal Holloway and Bedford New College, Public Administration *
This is an ambitious and significant contribution to the field of public law scholarship ... it is a book that will be of enormous benefit to liberals, conservatives, and radicals. It forces a rigorous reappraisal of the basic assumptions that influence and contain the structure and substance of public law and scholarship. It is difficult to offer or ask for more than that. * Osgoode Hall Law Journal *

Table of Contents

Dicey - unitary, self-correcting democracy, and public law; pluralist democracy, groups and process - USA; pluralism, process and substance - UK; constitutional reform and democracy - UK; liberalism - the right, the good and the scope of public law; republicanism, civic virtue and participatory democracy; participatory democracy - the radical view.

Additional information

NPB9780198256373
9780198256373
019825637X
Public Law and Democracy in the United Kingdom and the United States of America by P. P. Craig (Professorial Fellow in English Law, St John's College Oxford)
New
Hardback
Oxford University Press
1991-01-17
454
N/A
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