Symposium: The Boundaries of Public Law

Michel Rosenfeld, “Rethinking the boundaries between public law and private law for the twenty first century: An introduction” Int J Constitutional Law (2013) 11(1): 125-128 doi:10.1093/icon/mos053.

“The distinction between public law and private law has been both ever present and unwieldy in civil law as well as in common law jurisdictions. Kelsen found the distinction ‘useless’ for ‘a general systematization of law’ …” (more)

 

Alain Supiot, “The public–private relation in the context of today’s refeudalization” Int J Constitutional Law (2013) 11(1): 129-145 doi:10.1093/icon/mos050

“For relations among individuals to be governed by the rule of law and not by the ‘law’ of the strongest, the ‘res publica’ must stand tall. This subordination of private to public is what makes the structure of law intelligible and dependable …” (more)

 

Peter Goodrich, “The Political Theology of Private Law” Int J Constitutional Law (2013) 11(1): 146-161 doi:10.1093/icon/mos039

“The political theology of law has historically been treated as a facet of public law. The character angelicus of the sovereign and the mystic body of the realm bespeak the dual character of the polity rather than of the person …” (more)

 

Judith Resnik, “Globalization(s), privatization(s), constitutionalization, and statization: Icons and experiences of sovereignty in the 21st century” Int J Constitutional Law (2013) 11(1): 162-199 doi:10.1093/icon/mos051

“What can democratic constitutional states offer that multinational corporations and global governance cannot? One answer, coming from recent decisions by courts in Israel and India, is policing and incarcerating, held to be activities that could not be constitutionally outsourced to third-party providers …” (more)

 

International Journal of Constitutional Law, Volume 11, Issue 1, January 2013

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