Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

25 results

Page 1 of 2

  • The Political Jurisprudence of Paul W. Kahn

  • Martin Loughlin
  • Journal:
    German Law Journal / Volume 24 / Issue 4 / May 2023
    Published online by Cambridge University Press:
    26 June 2023, pp. 623-636
    • Article
      • You have access
      • Open access
    • PDF
    • HTML
    • Export citation

  • This article presents an account of the work of the American constitutional law scholar, Paul W. Kahn, by situating it within a European tradition of political jurisprudence. After introducing certain basic features of this school of political jurisprudence, it proceeds to examine and evaluate Kahn’s work relating to the political, the state, sovereignty, collective identity and constitution within the framework of that distinctive worldview.

  • 3 - Laski’s Materialist Analysis of the British Constitution

  • from Part I - History
  • Edited by Marco Goldoni, University of Glasgow, Michael A. Wilkinson, London School of Economics and Political Science
  • Book:
    The Cambridge Handbook on the Material Constitution
    Published online:
    15 January 2023
    Print publication:
    05 January 2023, pp 64-75

  • Summary

    During the 1920s, Harold Laski worked on producing a comprehensive account of a political philosophy appropriate for the new age of social democracy that was just emerging. During the 1930s, however, his optimistic political outlook waned and with this he modified his position and, in its place, presented a materialist account of British constitutional arrangements. This paper explains this later development of his thought. It examines the unfolding of his argument through his studies of the crisis of parliamentary democracy, the nature of the modern state and his materialist analysis of the British constitution and offers critical reflections of the significance of this phase of his work.

  • 14 - In Search of the Constitution

  • from Part II - Institutional Pressures and Contested Legitimacy
  • Edited by Oran Doyle, Trinity College Dublin, Aileen McHarg, University of Durham, Jo Murkens, London School of Economics and Political Science
  • Book:
    The Brexit Challenge for Ireland and the United Kingdom
    Published online:
    17 August 2021
    Print publication:
    26 August 2021, pp 313-335

  • Summary

    Over the last 150 years, the standing that the British constitution once held in the minds of the people has suffered a remarkable decline. Uncertainty about its supposedly fixed characteristics has been such that it is now extremely difficult to present an account of its nature and meaning in an impartial manner. Against this background, this chapter presents a simplified history in which, over six successive phases and in response to prevailing political concerns of the period, the meaning of ‘constitution’ changes in subtle ways. Reflections on this development helps us set contemporary constitutional controversies in an appropriate context. It also enables to see more clearly the significance of a basic question which modern constitutional development had hitherto managed to suppress: the constitution of what?

  • Thinking about the Rule of Law

  • from Part I - Introduction
  • Edited by Jens Meierhenrich, Martin Loughlin
  • Book:
    The Cambridge Companion to the Rule of Law
    Published online:
    03 August 2021
    Print publication:
    12 August 2021, pp 3-22

  • Summary

    This Companion provides an introduction to the theory and history of the rule of law, and thus to one of the most frequently invoked – and least understood – ideas of legal and political thought. Not so long ago, the “rule of law” was regarded as a rather esoteric expression, one employed by common lawyers – alongside such expressions as the Rechtsstaat, État de droit, and Stato di diritto that their continental confrères invoked – to identify certain technical features of the legal systems in which they worked.

  • 9 - Michael Oakeshott’s Republican Theory of the Rule of Law

  • from Part III - Moralities
  • Edited by Jens Meierhenrich, Martin Loughlin
  • Book:
    The Cambridge Companion to the Rule of Law
    Published online:
    03 August 2021
    Print publication:
    12 August 2021, pp 171-185

  • Summary

    In his lectures on the history of political thought given at the London School of Economics and Political Science (LSE), Michael Oakeshott, the most important English political philosopher of the twentieth century, emphasized the remarkable accomplishments of the Romans. While they may not have produced philosophers of such distinction as Plato and Aristotle, the Romans had shown “a genuine genius for government and politics.”1 The fruits of this political genius were evident in the establishment of “a political community, a civitas, a state, out of tribal societies,” in “creating the Roman people, the populus Romanus, out of a miscellany of different peoples,” and in generating the sense of a people united in a distinctive mode of association.

The Cambridge Companion to the Rule of Law
  • Edited by Jens Meierhenrich, Martin Loughlin
  • Published online:
    03 August 2021
    Print publication:
    12 August 2021
  • The Cambridge Companion to the Rule of Law introduces students, scholars, and practitioners to the theory and history of the rule of law, one of the most frequently invoked-and least understood-ideas of legal and political thought and policy practice. It offers a comprehensive re-assessment by leading scholars of one of the world's most cherished traditions. This high-profile collection provides the first global and interdisciplinary account of the histories, moralities, pathologies and trajectories of the rule of law. Unique in conception, and critical in its approach, it evaluates, breaks down, and subverts conventional wisdom about the rule of law for the twenty-first century.

  • The Constitution of Europe: the new Kulturkampf?

  • Martin Loughlin
  • Journal:
    German Law Journal / Volume 7 / Issue 2 / 01 February 2006
    Published online by Cambridge University Press:
    06 March 2019, pp. 173-190
    • Article
      • You have access
    • PDF
    • Export citation

Page 1 of 2