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Constitution of the United Kingdom: A Contextual Analysis 4th edition [Pehme köide]

3.51/5 (40 hinnangut Goodreads-ist)
(SOAS, University of London, UK)
  • Formaat: Paperback / softback, 336 pages, kõrgus x laius x paksus: 216x138x20 mm, kaal: 440 g
  • Sari: Constitutional Systems of the World
  • Ilmumisaeg: 15-Jul-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509945547
  • ISBN-13: 9781509945542
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Constitution of the United Kingdom: A Contextual Analysis 4th editionSuurem pilt
  • Formaat: Paperback / softback, 336 pages, kõrgus x laius x paksus: 216x138x20 mm, kaal: 440 g
  • Sari: Constitutional Systems of the World
  • Ilmumisaeg: 15-Jul-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509945547
  • ISBN-13: 9781509945542
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781509945542.html
Märksõnad:
"No one could have imagined when the last edition of this acclaimed book published in 2016, the constitutional earthquakes that were to follow. Brexit, Miller, three prime ministers: little of the United Kingdom's constitution was unaffected. This much needed new edition retains its hallmark clarity and coherence, with sufficient detail for the novice to develop an informed view of how the constitution works. Taking a thematic approach, it discusses questions of history, sources and conventions, the roleof the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the distribution of power. In addition, it offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, andof modernising reforms. This significantly updated edition provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. Engaging with the central issues in play as the UK enters a new chapter of its constitutional story, it explores Brexit, devolution, the Fixed Term Parliament Act, parliamentary sovereignty, and House of Lords reform. Combining clarity and authority, the author makes sense of a fascinating but sometimes impenetrable subject"--

Praise for the previous editions
“[ A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists … [ students] will certainly find it worth their while' Cambridge Law Journal

“[ The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education

This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision.

Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform.

As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Arvustused

Signposting is clear and helpful. Bibliographies are to the point...The prose is clear and authoritative. The reader's tour of Britain's constitutional history is efficient. The parliamentary process, including the passage of bills through Westminster, is described accessibly and with concision. The classic texts of constitutional analysis Dicey, Bagehot, Jennings and the like are introduced and their contribution summarised. And the radical reforms of the Blair administrations are recounted effectively...a valuable introductory survey. -- Andrew MacDonald * The Law & Politics Book Review * I was aware of the quality and accessibility of the material that the books covers. The current edition is a very useful update that takes into account the most important developments of the UK constitution. -- Dr Nikos Skoutaris * University of East Anglia * A clear exploration of the UK's constitution. Given the immense complexity in analysing an ever-moving set of constitutional arrangements this book presents the issues clearly and readably. My students will benefit greatly from the precision and clarity this book offers. -- Samuel White * University of the West of Scotland *

Muu info

Radical update of leading introduction to the UK constitution, reflecting the seismic changes since 2016
Preface to the Fourth Edition vii
Acknowledgements ix
Table of Cases
xvii
Table of Legislation
xxiii
Other Materials xxxiii
1 UK Constitution: Context and History
1(27)
Introduction
1(1)
Constitutional Contexts
2(1)
What is Liberal Democracy?
2(1)
The UK Constitution, Constitutionalism, and Good Governance
3(3)
Democracy, Accountability, and the Digital World
6(5)
Constitutional History
11(1)
Qualifying Absolute Monarchy
11(3)
The Emergence of Parliament and the Path to Democracy
14(2)
Defining the Nation: What is the United Kingdom?
16(2)
Empire to Commonwealth
18(1)
The European Union and Brexit
19(3)
Constitutional Consequences
22(4)
Conclusion
26(1)
Further Reading
26(2)
2 Sources of the Constitution
28(17)
Introduction
28(1)
Statute Law
29(1)
The Common Law
30(1)
European Union Law
31(1)
European Convention on Human Rights
32(1)
Legal Treatises
33(1)
The Law and Customs of Parliament
34(1)
The Royal Prerogative
34(1)
Conventions as a Constitutional Source
34(1)
Denning Conventions
35(4)
The Practical Importance of Constitutional Conventions
39(4)
Conclusion
43(1)
Further Reading
44(1)
3 Constitutional Principles
45(36)
Introduction
45(2)
Parliamentary Sovereignty
47(1)
Defining Legal Sovereignty
47(3)
Express Repeal, Implied Repeal, and Constitutional Statutes
50(2)
Sovereignty, EU Law, and Brexit
52(3)
The Human Rights Act 1998 and Sovereignty
55(1)
The Jackson Case: A Revised Interpretation of Sovereignty?
56(3)
Political Sovereignty: Elections, Referendums, and Brexit
59(5)
The Rule of Law and Separation of Powers
64(1)
Defining Rule of Law
64(2)
The Response to Dicey
66(3)
Separation of Powers
69(2)
Fusion of Powers
71(2)
Parliament, the Lord Chancellor, and the UK Supreme Court
73(1)
Separation of Powers and Judicial Independence
74(3)
A Redefinition of Power?
77(3)
Conclusion
80(1)
Further Reading
80(1)
4 Constitutional Monarchy
81(18)
Introduction
81(2)
What is the Royal Prerogative?
83(3)
The Constitutional Role of the Monarchy
86(5)
Does the Monarch Retain Real Power?
91(2)
What is the `Crown'?
93(1)
Liability of the Crown in Tort and Contract
94(1)
Evaluation: Preservation, Reform, or Abolition?
94(2)
Conclusion
96(1)
Further Reading
97(2)
5 Parliament
99(47)
Introduction
99(3)
General Elections
102(1)
First Past the Post
102(3)
Alternatives to First Past the Post
105(1)
Social Media and Electronic Voting
106(1)
The Formation of the Government
107(1)
Parliament: Composition and Procedure
108(1)
The Speaker and the Role of Backbench MPs
108(3)
Government and Opposition
111(1)
Parliamentary Privilege
112(2)
Parliamentary Standards and the Conduct of MPs
114(2)
The House of Lords
116(2)
Composition of the House of Lords
118(2)
House of Lords: Further Reform?
120(4)
Parliament as Legislator
124(1)
Public Bills
125(4)
Private Members' Bills and Private Bills
129(1)
English Votes for English Laws (EVEL)
130(1)
Parliament as Watchdog
131(1)
Parliamentary Questions
132(1)
Departmental Select Committees
133(3)
Wright Reforms: Standing Up to the Executive
136(2)
Public Accounts Committee and National Audit Office
138(2)
Parliamentary Scrutiny of Delegated Legislation and the Impact of Brexit
140(2)
E-Petitions and Popular Democracy
142(1)
The Parliamentary Ombudsman
142(1)
Conclusion
143(1)
Further Reading
144(2)
6 Government and Executive
146(7)
Introduction
146(1)
The Prime Minister and the Government
147(1)
The Role of Prime Minister
147(2)
The Prime Ministerial Power and Fixed Term Parliaments
149(1)
The Prime Minister and Collective Cabinet Responsibility
150(2)
The Prime Minister: Appointments and Dismissals
152(1)
10 Downing Street and Policy Formation
153(26)
Prime Minister's Press Office, SPADS, and Government Spin
156(3)
Shaping Government Departments
159(1)
Ministers and Civil Service
160(1)
Individual Ministerial Responsibility
160(4)
Government Accountability and the Scott Report
164(1)
The Role of the Civil Service
165(2)
New Public Management, Contract State, and Executive Accountability
167(4)
Civil Service Management and the Recognition of Codes of Practice
171(1)
Government Openness and the Freedom of Information Act 2000
172(3)
E-Government Revolution
175(1)
Conclusion
176(1)
Further Reading
177(2)
7 The Constitutional Role of the Courts
179(45)
Introduction
179(3)
The Role of the Courts
182(1)
A Supreme Court for the United Kingdom
182(1)
Common Law and Statutory Interpretation
183(4)
The Evolution of the Office of Lord Chancellor
187(1)
Appointing and Dismissing Judges
188(3)
Administrative Law and Judicial Review
191(1)
Red Light and Green Light Theory
192(2)
Tribunals and the `Green Light' View
194(4)
The Impact of Judicial Review
198(2)
Distinguishing Public Law from Private Law
200(1)
The Requirements of Standing
201(1)
Grounds of Judicial Review
202(2)
The Question of Merits
204(2)
The Constitutional Protection of Rights and the Human Rights Act 1998
206(3)
Vertical or Horizontal Effect
209(2)
Proportionality Review
211(2)
Significant Cases under the Human Rights Act 1998
213(6)
Reforming the Human Rights Act or replacing it with a British Bill of Rights?
219(3)
Conclusion
222(1)
Further Reading
222(2)
8 Devolution
224(33)
Introduction
224(1)
Historical Backdrop
225(2)
Institutional Features: Scotland and Wales
227(3)
A New Form of Devolution for Northern Ireland
230(3)
Intergovernmental Relations: Concordats
233(1)
Legal Sovereignty and the Sewel Convention
234(2)
Devolution and the Courts
236(5)
The Scottish Referendum and the Consolidation of Devolution
241(1)
Finance and Tax-raising
242(3)
Devolution and Brexit
245(5)
Devolution and England
250(1)
The West Lothian Question and Constitutional Reform
251(4)
Conclusion
255(1)
Further Reading
256(1)
9 Local Government
257(15)
Introduction
257(1)
Mayors, Cities, Regions
258(4)
The Wider Structure of Local Government
262(1)
The Financing of Local Government
263(2)
From Compulsory Competitive Tendering to Best Value
265(1)
Citizen Participation and the Big Society
266(2)
The Accountability of Local Government
268(2)
Conclusion
270(1)
Further Reading
271(1)
10 The UK Constitution: The Way Ahead?
272(8)
Introduction
272(1)
Parliament and Civil Service: Challenges to Core Institutions
273(3)
The Integrity of the UK as a Nation State
276(1)
Is there a Case for the Introduction of a Codified Constitution?
276(4)
Conclusion 280(1)
Further Reading 280(3)
Index 283
Peter Leyland is Professor of Public Law at SOAS, University of London.