scholarly journals Rethinking the boundaries between public law and private law for the twenty first century: An introduction

2013 ◽  
Vol 11 (1) ◽  
pp. 125-128 ◽  
Author(s):  
M. Rosenfeld
Author(s):  
Timothy Endicott

Administrative Law explains the constitutional principles of the subject and their application across the range of twenty-first-century administrative law. The focus on constitutional principles is meant to bring some order to the very diverse topics with which you need to deal if you are to understand this very complex branch of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.


2016 ◽  
Vol 12 (1) ◽  
pp. 7
Author(s):  
Maria Zabłocka

An Overview of the Work of Polish Scholarship on Roman Law in the First Decade of the Twenty-First Century Summary In the first decade of the 21st century Polish scholars of Roman Law accomplished a considerable amount of work, adopting an entirely new area of research. While publications on private law had constituted the predominant trend since the Second World War, especially in the first forty years of the period, articles on public law were an exception until recent times. In the last few years nearly twice as many monographs have been published on a broad range of issues in public law, such as the political system, administration, and criminal law, as on private law. The numer of articles on public law has also been much larger than on other branches of Roman law. The work of Polish Romanists has earned acknowledgement abroad, as evidenced by the invitations Polish researchers have been receiving to contribute to foreign occasional volumes, and by the digests of Polish books and articles which have appeared in the Italian scholarly journal «Iura. Rivista internazionale di diritto romano e antico».


Author(s):  
Timothy Endicott

Administrative Law explains the constitutional principles of the subject. It brings clarity to this complex field of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first-century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the tribunals system, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to take a principled approach to the controversial problems of administrative law.


Author(s):  
D Fox ◽  
RJC Munday ◽  
B Soyer ◽  
AM Tettenborn ◽  
PG Turner

This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by previous scholars of note. It then examines its function and historical development, and discusses various sources of commercial law such as contracts and national legislation. In addition it refers importantly to the role of equity and trusts in commercial law, to public law in the commercial arena, and to the philosophy and concepts of commercial law. Possible codification of commercial law is discussed. Finally, the chapter assesses the challenges for commercial law in the twenty-first century and briefly discusses the impact of Brexit on English commercial law.


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