Expanding Legality and Losing Fundamental Law: On Martin Loughlin’s Dualist Conception of Public Law

Autor: Miguel Nogueira de Brito
Rok vydání: 2020
Předmět:
Zdroj: The Political Dimension of Constitutional Law ISBN: 9783030384586
DOI: 10.1007/978-3-030-38459-3_3
Popis: What if political right, or fundamental law, were a distant star already dead, but whose brilliance we still capture in a world submitted, however, to a very distinct kind of domination, predominantly managerial and administrative in nature? This is the disturbing hypothesis that Martin Loughlin advances in his work on the formation and decline of political right, a discipline that emerged at the dawn of modernity in order to frame the legal and political rationality of national and centralized states, but which would subsequently be dislodged by the gradual establishment of constitutional legality and administrative rationality.
Databáze: OpenAIRE