Suchergebnisse

Remarkably, the interaction between common law and statute has not attracted the scholarly attention it deserves, given that it is such a basic component of legal reasoning in common law systems. This is especially true in the law of employment, where the interaction between common law and statute is a pervasive feature of modern employment law. In recent years, scholars have started to rise to the challenge of developing principles to regulate this interaction, and this article provides a contribution to those debates. It builds upon Lord Hoffmann's controversial judgment in Johnson v Unisys to identify three modes of interaction: statute as pre-emptive of common law development; statute as an analogical stimulus of common law development; and common law fundamental rights. By connecting this analysis to background principles of legislative supremacy and fundamental rights, it argues that Johnson v Unisys provides an attractive constitutional vision of the relationship between Parliament and the courts.

Since the rise of the behavioralist revolution in the 1950s and 1960s the political science discipline has struggled to find agreement on a uniform vision of the study of politics, particularly as it relates to the employment of methods. This article addresses behavioralism's influence on the decline of public law analysis in the field of presidential studies. Specifically, it focuses on the work of presidential scholarsEdwardCorwin andRichardNeustadt in highlighting the changes to the study of the presidency. Attention is also paid to the decline of normative types of public law analysis. The article concludes with a call for greater acceptance, and practice, of public law analysis.