Rights statement: The final publication is available at Springer via http://dx.doi.org/10.1007/s10991-013-9128-x
Accepted author manuscript, 381 KB, PDF document
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Realism and analysis within public law
AU - Mauthe, Barbara
AU - Webb, Tom
N1 - The final publication is available at Springer via http://dx.doi.org/10.1007/s10991-013-9128-x
PY - 2013/4
Y1 - 2013/4
N2 - Allan, Loughlin and Walker represent leading theorists within the realmof public law analysis. Accordingly, when such theorists write on a similar topic,such as that of the theory of constitutionalism, it can be assumed that their analysis and evaluation of the theory represents a ‘realistic’ account. However, close examination of their writings does not reveal similarity but instead much divergence, even incompatibility. This then raises the question, how can such diversity represent reality? If all three theorists are examining the same phenomenon then surely there must be some similarity between their accounts for there to be reality? Alternatively, if all the perceptions of the theorists are indeed real, then perhaps it is the way that public lawyers represent reality that needs to be examined.
AB - Allan, Loughlin and Walker represent leading theorists within the realmof public law analysis. Accordingly, when such theorists write on a similar topic,such as that of the theory of constitutionalism, it can be assumed that their analysis and evaluation of the theory represents a ‘realistic’ account. However, close examination of their writings does not reveal similarity but instead much divergence, even incompatibility. This then raises the question, how can such diversity represent reality? If all three theorists are examining the same phenomenon then surely there must be some similarity between their accounts for there to be reality? Alternatively, if all the perceptions of the theorists are indeed real, then perhaps it is the way that public lawyers represent reality that needs to be examined.
KW - constitutionalism
KW - public law
KW - realism
U2 - 10.1007/s10991-013-9128-x
DO - 10.1007/s10991-013-9128-x
M3 - Journal article
VL - 34
SP - 27
EP - 46
JO - Liverpool Law Review
JF - Liverpool Law Review
SN - 0144-932X
IS - 1
ER -