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After Public Law$
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Cormac Mac Amhlaigh, Claudio Michelon, and Neil Walker

Print publication date: 2013

Print ISBN-13: 9780199669318

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199669318.001.0001

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The Nation as ‘The Public’: The Resilient Functionalism of Public Law

The Nation as ‘The Public’: The Resilient Functionalism of Public Law

Chapter:
(p.151) 8 The Nation as ‘The Public’: The Resilient Functionalism of Public Law
Source:
After Public Law
Author(s):

Stephen Tierney

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199669318.003.0008

This chapter focuses on the ‘resilient functionalism’ of public law in continuing to support the important relationship between the nation and the state. It begins by outlining the functionalism of public law in its broadest sense, tracing its historical development as a discrete subject. Secondly, it explores further how public law's primary role in the modern era has been to facilitate the relationship between national identity and the state. And thirdly, it offers empirical evidence to defend the ‘resilience thesis’ and the ongoing importance of public law as facilitator of the continuing, albeit changing, relationship, between nation, national identity, and state.

Keywords:   public law, privatization, globalization, nation, nation-state, national identity, nationalism, state, post-national, resilient functionalism

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