In the field of public law, and constitutional and administrative justice, methodology has not always taken a front seat. However, it is becoming increasingly more important in legal research to pay closer attention to the methodologies employed in this field. Whether writing a book, a PhD, a dissertation or an article, there is a growing requirement that as researchers we look to find ways to explain how we research. Against this backdrop, Essex CAJI is honoured to be hosting a webinar to discuss these issues with the editors of two recent texts focusing on methodologies in these areas of law. The Methodology of Constitutional Theory, edited by Dimitrios Kyritsis and Stuart Lakin, brings together experts in constitutional law to address big questions such as how research is carried out, what disciplines should be drawn upon, and whether there should be a comparative approach in how constitutions are studied. Researching Public Law in Common Law Systems, edited by Paul Daly and Joe Tomlinson, equally features contributions from experts in this field. This text is divided into four categories: the traditional, the institutional, the technical, and the critical. Chapters across the text address the characteristics and challenges in relation to methodological approaches in public law across a range of approaches including empirical, Marxist, socio legal, and doctrinal and interpretive methods. Both texts fill a significant gap in the literature, and we are excited to be welcoming the editors of these texts to our webinar, together with our esteemed colleagues Joel Colon-Rios, Theodore Konstadinides, and Yseult Marique here at the University of Essex, and Ana Cannilla from the University of Glasgow, who will be discussing the texts. Please do join us for this webinar, which you can register for in advance by clicking on the linked blog post below, on the 17th of June 2024 from 10:00am - 12:00pm (UK time) (9:00am – 11:00am UTC) for what will be a thought provoking and interesting discussion.
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Kelson’s Pure theory of Law - https://lnkd.in/gkK_fPuV - Hans Kelsen's Pure Theory of Law is a foundational framework in legal positivism that seeks to understand law purely as a system of norms, free from external influences like politics, morality, or social sciences. Kelsen's approach emphasizes the hierarchical structure of legal systems, viewing law and the state as identical. By focusing on the form rather than the content of law, Kelsen's theory provides a scientific and objective analysis of legal systems, redefining traditional distinctions between public and private law.
Kelson’s Pure theory of Law
legal-wires.com
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There is still time to register for this webinar event to join us today at 1pm UK time. The link to register is in the link below. Please do join us! Essex Constitutional and Administrative Justice Initiative is excited to be welcoming Se-shauna Wheatle and Elizabeth A Loughlin, the editors of?Diverse Voices in Public Law, to discuss this recent text, along with the contributors of two chapters, Donal Coffey and Coree Brown Swan. In?Diverse Voices in Public Law, Se-shauna Wheatle and Elizabeth O’Loughlin note the increasing contemporary awareness of the inequality in historical approaches taken to teaching law, promulgated through the materials relied upon within teaching institutions and the lack of representation of diverse perspectives and voices therein. This observation is important because how we teach the law influences the development and impact of law. To counter this, this text is a public law textbook that addresses new perspectives to topics common to other traditional UK public law textbooks, such as citizenship, constitutional law, the judiciary, human rights, and administrative law. Yet the views in this text go beyond the traditional approaches to public law, allowing the reader to see these topics through the eyes of diverse critical perspectives. Taking this approach places these concepts within wider societal structures that have influenced the development of law, and paying attention to these views reveals the impact of such structures on policies introduced and the influence this has on disadvantage and inequality within our legal system and society. In order to improve the law, we must understand how it operates in both theory and practice, and in order to understand this, we must actively seek out voices: all voices. This text provides space for some of these historically excluded and marginalised voices to be heard and, as such, is a vital contribution to the field of public law.
CAJI Presents: Diverse Voices in Public Law –?A Book Discussion
https://essexcaji.org
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Professor of Public Law, expert on administrative law, Member of the UK Administrative Justice Council
New edited collection on tribunals by leading expert administrative lawyers - 20% discount Administrative tribunals are a vital part of the public law frameworks of many countries.?This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges. The book includes contributions from leading scholars from all major common law jurisdictions – the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government. https://lnkd.in/eZGTP-GA
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A new book, ‘Reforming the EU Treaties’, has been co-published by Dr Darren Harvey, Senior Lecturer in Law. The book was published as a direct result of Darren’s continued involvement with the Young European Scholars Conference. It showcases the work of young legal EU scholars and explores suggestions for potential reform and improvement within the existing framework of the EU Treaties. Find out more ? #KCLLaw #EULaw #lawyers
King's academic publishes book following Young European Law Scholars Conference
kcl.ac.uk
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Thank you to Georgetown University Law Center Professor Cliff Sloan for visiting the University of Georgia School of Law and the Dean Rusk International Law Center to discuss his new book, "The Court at War: FDR, His Justices, and the World They Made." Read more about the recent visit in our Center's Exchange of Notes blog, linked below.
Georgetown University Law Center Professor Cliff Sloan recently discussed his new book, "The Court at War: FDR, His Justices, and the World They Made," in an event sponsored by the Dean Rusk International Law center here at the University of Georgia School of Law. Sloan was joined in conversation by two of the law school’s professors: Nathan Chapman, Pope F. Brock Professor of Law; and Diane Marie Amann, who is Regents’ Professor of International Law, Emily & Ernest Woodruff Chair in International Law, and the Center’s Faculty Co-Director. To learn more, check out our latest Exchange of Notes post: https://lnkd.in/e9eQhafy To sign up to receive regular updates from Exchange of Notes, please enter your email under the "subscribe" tab here: https://lnkd.in/gq4Gr-mF
Georgetown Law Professor Cliff Sloan discusses “The Court at War” at Georgia Law
https://deanruskintlaw.com
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In the vast landscape of legal philosophy, two prominent theories stand out for their divergent perspectives on the nature and foundations of law: natural law and positive law. While both seek to understand the essence of law and its role in society, they differ significantly in their underlying principles, sources of authority, and implications for legal theory and practice. In this article, we delve into the distinctions between natural law and positive law, exploring their origins, characteristics, and implications. https://lnkd.in/eiN8QK9d
Differences between Natural Law and Positive Law
uollb.com
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The academic and legal communities mourn the loss of?Heike Schweitzer, a distinguished law professor at Humboldt-Universit?t zu Berlin (Humboldt University of Berlin), and a leading authority in European competition law. She passed away on June 11, 2024, leaving behind a legacy of profound contributions to the field... #antitrust #inmemoriam #peoplenews #competitionlaw #antitrustlaw
In Memoriam: Heike Schweitzer, Renowned Law Professor and EU Competition Law Expert
https://www.pymnts.com
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For those interested in the debate between Kelsonian legal positivism and natural law (and I appreciate a lot of us have not considered this since law school), my good friend Dr Nathan Gibbs has published the following piece in the Canadian Journal of Law and Jurisprudence. Enjoy. https://lnkd.in/eBSjRUyG
The Foundations of Constitutional Democracy: The Kelsen-Natural Law Controversy | Canadian Journal of Law & Jurisprudence | Cambridge Core
cambridge.org
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"Upcoming Pacific Legal Foundation Symposia on Regulatory Takings and the Antiquities Act" The Pacific Legal Foundation, a prominent libertarian-leaning public interest firm is sponsoring two upcoming symposia, and soliciting contributions from legal scholars and other experts. The first is on regulatory takings. Here is the announcement and information on how to submit a proposal: Pacific Legal Foundation and George Mason University’s Journal of Law, Economics & Policy […] https://lnkd.in/gGHDzxQ3
Upcoming Pacific Legal Foundation Symposia on Regulatory Takings and the Antiquities Act
snooper-scope.in
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Professor of Transnational European Law. "Passionate but critical about the EU at the same time" (student feedback) -- "Too many opinions for a female professor." (N.N.)
Thank you Marta Morvillo for this lovely review of my pink book Cambridge University Press & Assessment ! Marta concludes: Each legal service operates according to its own logic and that of its legal experts, which the book elucidates for the first time. This complex world, characterized by several tensions and contradictions, opens numerous avenues for further research. The development of a normative assessment of the practices of legal advice in the European Union, especially from a democratic perspective, would be a welcomed line of research. Further critical inquiry is also encouraged on whether studies on expertise should recognize a sort of legal exceptionalism, distinguishing legal experts from their non-legal peers, or whether studies on legal expertise can benefit from broader discussions on expert governance in the European Union and beyond. By shedding light on the “legal backstage” of EU policymaking, Leino-Sandberg’s monograph marks an important step in EU legal scholars’ critical engagement with EU law and offers a highly stimulating read for anyone interested in EU law, expert governance, and the politics of expertise.
Marta Morvillo, Review of P?ivi Leino-Sandberg. The Politics of Legal Expertise in EU Policy-Making
academic.oup.com
