Researching Public Law in Common Law Systems

Edited by Paul Daly, University Research Chair in Administrative Law & Governance, Faculty of Law, University of Ottawa, Canada and Joe Tomlinson, Professor of Public Law, York Law School, University of York, UK

• Contents:List of contributors vii1 Introduction to Researching Public Law in Common Law Systems 1Paul Daly and Joe TomlinsonPART I THE TRADITIONAL2 History to Understand, and History to Reform, EnglishPublic Law 25J.W.F. Allison3 Interpretive Theory in Public Law 58Farrah Ahmed and Adam Perry4 Mapping Doctrinal Methods 70Jason NE VaruhasPART II THE INSTITUTIONAL5 Researching Public Law and the Administrative State 105Paul Daly and Joe Tomlinson6 Public Law and Legislative Studies 118Louise Thompson7 Studying Judicial Decision-making 136Emmett MacfarlanePART III THE TECHNICAL8 Comparative Public Law 151Theunis Roux9 Mapping the Theoretical Turn in British Public Law Scholarship 175Samuel Tschorne and Martin Loughlinvi Researching public law in common law systems10 Public Law and Empirical Legal Research 207Sarah NasonPART IV THE CRITICAL11 Marxism and Public Law 231Paul O’Connell12 But Interrupting the Flow … Socio-Legal Approaches toPublic Law 251Helen Carr and Ed Kirton Darling13 Public Law in Indigenous Contexts: Indigenous Law inthe Contexts of Public Law 270Janna PromislowIndex 294

‘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, sociolegal and comparative perspectives, the volume is essential reading for those new to and established in the field.’