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Realism and analysis within public law

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Realism and analysis within public law. / Mauthe, Barbara; Webb, Tom.

In: Liverpool Law Review, Vol. 34, No. 1, 04.2013, p. 27-46.

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Mauthe, Barbara ; Webb, Tom. / Realism and analysis within public law. In: Liverpool Law Review. 2013 ; Vol. 34, No. 1. pp. 27-46.

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@article{42341140a8c24fb2be898c7aff21499e,
title = "Realism and analysis within public law",
abstract = "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 {\textquoteleft}realistic{\textquoteright} 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. ",
keywords = "constitutionalism, public law, realism",
author = "Barbara Mauthe and Tom Webb",
note = "The final publication is available at Springer via http://dx.doi.org/10.1007/s10991-013-9128-x",
year = "2013",
month = apr,
doi = "10.1007/s10991-013-9128-x",
language = "English",
volume = "34",
pages = "27--46",
journal = "Liverpool Law Review",
issn = "0144-932X",
publisher = "Springer Netherlands",
number = "1",

}

RIS

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 -