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The Idea of Public Law$
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Martin Loughlin

Print publication date: 2004

Print ISBN-13: 9780199274727

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199274727.001.0001

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(p.114) 7 Rights
The Idea of Public Law

Martin Loughlin

Oxford University Press

This chapter begins by discussing the possibility to reconfigure the architecture of public law by tracing the intellectual source of the modern rights movement and chart its influence on contemporary legal and political practice. It investigates how a political discourse of natural rights has permeated legal discourse and then, through positivisation — that is, through the institutionalization of a conception of law as an expression of basic rights — has reconfigured the relationship between law and government. It assesses the impact of rights discourse on contemporary public law.

Keywords:   positivisation, public law, intellectual source, modern rights, political practice, legal practice

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