Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 7-Day Trial for You or Your Team.

Learn More →

In Defence of the Political Constitution

In Defence of the Political Constitution , , No. 1 (2002), pp. 157­175 ADAM TOMKINS The political constitution, and indeed politics generally, are in need of both defending and praising.1 A principal objective of Martin Loughlin's ongoing research project exploring the relationship of law to politics is to demonstrate why this is so. In Sword and Scales2 Professor Loughlin has provided us with a preliminary, but nonetheless essential, statement on this theme. The structure of Loughlin's argument in Sword and Scales will be considered in section two of this essay. Sections three and four will then be concerned, respectively, with the issue of whether there is one relationship or many relationships between law and politics, and with the questions of how and why politics should best be defended and praised. Before we come to these considerations, however, we need first to discuss how views about law and politics have recently developed in public law thinking, and especially in theorizing about administrative law, and to assess how such theorizing has evolved into what Loughlin refers to as the `liberallegalist'3 attack on politics. 1. The Administrative Law Background Since Harlow and Rawlings introduced in the mid-1980s their famous metaphor of red-light and green-light theories, administrative lawyers http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Oxford Journal of Legal Studies Oxford University Press

In Defence of the Political Constitution

Tomkins, Adam
Oxford Journal of Legal Studies , Volume 22 (1) – Mar 1, 2002
Download PDF
19 pages

Loading next page...
 
/lp/oxford-university-press/in-defence-of-the-political-constitution-fYMy0xf8eM

References (0)

References for this paper are not available at this time. We will be adding them shortly, thank you for your patience.

Publisher
Oxford University Press
Copyright
Copyright Oxford University Press 2002
ISSN
0143-6503
eISSN
1464-3820
DOI
10.1093/ojls/22.1.157
Publisher site
See Article on Publisher Site

Abstract

, , No. 1 (2002), pp. 157­175 ADAM TOMKINS The political constitution, and indeed politics generally, are in need of both defending and praising.1 A principal objective of Martin Loughlin's ongoing research project exploring the relationship of law to politics is to demonstrate why this is so. In Sword and Scales2 Professor Loughlin has provided us with a preliminary, but nonetheless essential, statement on this theme. The structure of Loughlin's argument in Sword and Scales will be considered in section two of this essay. Sections three and four will then be concerned, respectively, with the issue of whether there is one relationship or many relationships between law and politics, and with the questions of how and why politics should best be defended and praised. Before we come to these considerations, however, we need first to discuss how views about law and politics have recently developed in public law thinking, and especially in theorizing about administrative law, and to assess how such theorizing has evolved into what Loughlin refers to as the `liberallegalist'3 attack on politics. 1. The Administrative Law Background Since Harlow and Rawlings introduced in the mid-1980s their famous metaphor of red-light and green-light theories, administrative lawyers

Journal

Oxford Journal of Legal Studies – Oxford University Press

Published: Mar 1, 2002

There are no references for this article.