ÐÓ°ÉÂÛ̳

Working paper series Winter 2018/19

ÐÓ°ÉÂÛ̳ Law Working Papers, Winter 2018/19

13 December 2018

We are delighted to announce the third issue of the ÐÓ°ÉÂÛ̳ Law Working Paper Series for 2018. 

In this issue, Grégoire Webber () reflects on the basic division of legislative and adjudicative responsibility — for the community’s future, and for relating the community’s past acts to present disputes; Grégoire Webber and Paul Yowell () introduce four theses animating human rights law and scholarship, and explore the deep interconnectedness between human rights and positive law; Michael A, Wilkinson ) suggests that authoritarian liberalism not only emerges in response to the Euro-crisis, but characterises the deep structure of the post-war constitutional settlement in Europe; Kai Möller () presents the moral case for two widely discussed concepts in public law scholarship, namely the culture of justification and the right to justification, arguing that their appeal flows from the status of every person as a justificatory agent; Margot E Salomon and Robert Howse () explore the significance of democratic governance and related principles that animate the doctrine of odious debt for their importance in understanding what is wrong with sovereign debt today, and offer suggestions on the remediation of odious debt; Jeremy Horder () argues that the scope of the misconduct in office offence should be expanded and used more frequently against politicians who commit gross breach of the public’s trust when taking up lucrative opportunities upon leaving office; and Martin Loughlin () examines the continuing relevance of the concept of fundamental law in modern constitutional thought, arguing that this concept still has significance as a juristic expression of the intrinsic political dynamics of modern constitutional practice.