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Researching Public Law in Common Law Systems
This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law; a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research.
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Critical Acclaim
Contributors
Contents
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This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated.
Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.
Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.
Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike.
Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences.
Critical Acclaim
‘Public law scholarship in recent years has become richer and more complex – expanding our capacity to address new questions, but also creating new methodological challenges. In this important new volume, Paul Daly and Joe Tomlinson bring together some of the leading public lawyers in the common law world to help unpack and navigate these challenges. Bringing together theoretical, doctrinal, socio-legal and comparative perspectives, the volume is essential reading for those new to and established in the field.’
– Rosalind Dixon, University of New South Wales, Australia
‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’
– Simon Halliday, University of Strathclyde, UK
– Rosalind Dixon, University of New South Wales, Australia
‘This excellent collection shines a bright light onto issues of method in public law research. It is a hugely useful and welcome contribution to the field, and is a “must-read” for anyone engaging seriously with the question of how we know what we think we know.’
– Simon Halliday, University of Strathclyde, UK
Contributors
Contributors: Farrah Ahmed, J.W.F. Allison, Helen Carr, Paul Daly, Ed Kirton Darling, Martin Loughlin, Emmett Macfarlane, Sarah Nason, Paul O’Connell, Adam Perry, Janna Promislow, Theunis Roux, Louise Thompson, Joe Tomlinson, Samuel Tschorne, Jason N.E. Varuhas
Contents
Contents:
List of contributors vii
1 Introduction to Researching Public Law in Common Law Systems 1
Paul Daly and Joe Tomlinson
PART I THE TRADITIONAL
2 History to Understand, and History to Reform, English
Public Law 25
J.W.F. Allison
3 Interpretive Theory in Public Law 58
Farrah Ahmed and Adam Perry
4 Mapping Doctrinal Methods 70
Jason NE Varuhas
PART II THE INSTITUTIONAL
5 Researching Public Law and the Administrative State 105
Paul Daly and Joe Tomlinson
6 Public Law and Legislative Studies 118
Louise Thompson
7 Studying Judicial Decision-making 136
Emmett Macfarlane
PART III THE TECHNICAL
8 Comparative Public Law 151
Theunis Roux
9 Mapping the Theoretical Turn in British Public Law Scholarship 175
Samuel Tschorne and Martin Loughlin
vi Researching public law in common law systems
10 Public Law and Empirical Legal Research 207
Sarah Nason
PART IV THE CRITICAL
11 Marxism and Public Law 231
Paul O’Connell
12 But Interrupting the Flow … Socio-Legal Approaches to
Public Law 251
Helen Carr and Ed Kirton Darling
13 Public Law in Indigenous Contexts: Indigenous Law in
the Contexts of Public Law 270
Janna Promislow
Index 294
List of contributors vii
1 Introduction to Researching Public Law in Common Law Systems 1
Paul Daly and Joe Tomlinson
PART I THE TRADITIONAL
2 History to Understand, and History to Reform, English
Public Law 25
J.W.F. Allison
3 Interpretive Theory in Public Law 58
Farrah Ahmed and Adam Perry
4 Mapping Doctrinal Methods 70
Jason NE Varuhas
PART II THE INSTITUTIONAL
5 Researching Public Law and the Administrative State 105
Paul Daly and Joe Tomlinson
6 Public Law and Legislative Studies 118
Louise Thompson
7 Studying Judicial Decision-making 136
Emmett Macfarlane
PART III THE TECHNICAL
8 Comparative Public Law 151
Theunis Roux
9 Mapping the Theoretical Turn in British Public Law Scholarship 175
Samuel Tschorne and Martin Loughlin
vi Researching public law in common law systems
10 Public Law and Empirical Legal Research 207
Sarah Nason
PART IV THE CRITICAL
11 Marxism and Public Law 231
Paul O’Connell
12 But Interrupting the Flow … Socio-Legal Approaches to
Public Law 251
Helen Carr and Ed Kirton Darling
13 Public Law in Indigenous Contexts: Indigenous Law in
the Contexts of Public Law 270
Janna Promislow
Index 294
