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Back to the future? Unearthing the theory of common law constitutionalism

Poole, Thomas (2003) Back to the future? Unearthing the theory of common law constitutionalism. Oxford Journal of Legal Studies, 23 (3). pp. 435-454. ISSN 0143-6503

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Abstract

This article charts the rise of a new, and increasingly influential, theory of public law: common law constitutionalism. The theory can best be seen as a response to a ‘crisis’ within contemporary public law thought produced by an array of different pressures: Thatcherite reformation of the state; the growing prominence (and potential politicization) of judicial review; constitutionalization of the EU; and trends towards globalization. The core of argument underlying the theory is elucidated by means of an analysis of the work of a number of leading public law scholars. The essence of the theory is the reconfiguration of public law as a species of constitutional politics centred on the common law court. The theory constitutes, it is suggested, an attempt to turn inwards, in the face of change, towards the familiar form of the common law, reinvigorated as a burgeoning site of normativity.

Item Type: Article
Official URL: http://ojls.oxfordjournals.org/
Additional Information: © 2003 Oxford University Press
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 24 Jun 2009 12:22
URL: http://eprints.lse.ac.uk/24305/

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