The classification of judicial review as a branch of public law
is often used as a basis on which other distinctions are made, and, potentially, unnecessarily made.
I note it, instead, to frame my ultimate point: that it is unwise to maintain the overlapping application of public law
principles to disputes for which (a) they were not designed and (b) there already exists a fine-tuned legal framework in the form of private law.
To be sure, at the founding of APSA, public law
was considered a key element in the study of political science.
As the "political realm" comes to be seen as an autonomous sphere, medieval fundamental law is transformed into modern public law
. To see public law
as merely an aspect of positive law (e.g., the branches of administrative or constitutional law) is thus to forget the important transformation to the political discourses and forms we now take for granted and to ignore the enduring relevance of the "juristic thought that flourished from the late-sixteenth to the early-nineteenth centuries." (18) In this light, Loughlin's book is one for jurists, rather than simply lawyers; accordingly, it draws on an extensive and impressive array of thinkers.
(6) The multivolume report highlighted some of the ambiguities in Public Law
Cyr, Dunsmuir and subsequent jurisprudence indicate that the Canadian approach would maintain the separation between these two realms but would apply a functional approach for determining the appropriate ambit of public law
. The cautious approach that is emerging demonstrates that, when considering whether a party ought to have access to public remedies, courts are mindful of values, such as efficiency, that motivated the greater private role in public management.
"As early as the '60s, there was a call for a public law
school in the commonwealth," said Jack M.
Notes at the end of each section provide additional information, including statutory origin of the Code provision (both by public law
number and Statutes at Large citation), the effective date(s), a brief citation and discussion of any amendments, and cross references to related provisions.
I went back to the origins, Roman law, because Rome is the birthplace of the distinction between private and public law
through the concept of res publica, and I tried to understand what happened to that distinction after the collapse of the Roman Empire.
We regularly enforce foreign private law through conflict of laws, but we hesitate with regard to foreign and international public law
. Is this justified?
Brill Academic Publishers (Boston, MA) has published "Introduction to Public Law
," a new volume that offers a historical and comparative introduction to public law
This year's special issue takes up where last year's left off, moving from the realm of private law to that of public law
, the theme this time being 'The Role of Policy in Public Law