However, as this does not always reflect the original principles on which processes or remedies were once built, such an appearance of consistency is perhaps misleading: for example, the remedies of certiorari, mandamus and prohibition (now, in England and Wales, quashing orders, mandatory orders and prohibiting orders) (12) are regarded as 'public law
remedies', (13) though, as Dawn Oliver has shown, they have not always been conceived as such and, historically, they to some extent traversed the putative public/private divide.
First, confusion stems from the use of indeterminate tests, such as the "public element" test, to determine when public law
review will be available.
The Decline of Public Law
Analysis in Presidential Studies
A distinction must as such be introduced between direct private participation in a cooperation agreement based on a personal interest, and indirect participation through involvement in a body governed by public law
cooperating in accordance with public interest objectives.
constitutional arrangements [remain] unquestioned" (12) and beyond the boundaries of juristic knowledge." (13) Accordingly, Loughlin conceives of his project as, at least in part, an "exercise in retrieval": (14) It his introduction is fittingly titled "Rediscovering Public Law
Given the more than 50 years of authority and practice favoring a narrow interpretation of "delivery" under Public Law
This article will show that existing Canadian jurisprudence provides a foundation for a flexible, functional approach for determining the scope of public law
principles and remedies.
The coordinating board also found little evidence that establishing a public law
school encourages local students to apply.
Suffolk University, Western New England College School of Law and New England Law, three of the state's nine private law schools, oppose a public law
As the above sequence illustrates, the canvas upon which Congress works is often an updated, stand-alone version of an earlier public law
(e.g., Immigration and Nationality Act of 1952, as amended), and not the U.S.
To make a long story short, I decided to investigate the origins and evolution of public law
, and eventually wrote Introduction to Public Law
to understand why and how public law
followed such different paths in both countries.
Legal realism taught us long ago that private law is "really" public law
. Property and contract are not truly private institutions; they are expansions of state sovereignty, public powers vested in rightsholders to engage the state's help in enforcing their interest.