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Constitutional & Administrative Law 10th New edition [Multiple-component retail product]

(Queen Mary, University of London, UK)
  • Formaat: Multiple-component retail product, 718 pages, kõrgus x laius: 246x174 mm, kaal: 1361 g, 10 Line drawings, black and white; 9 Tables, color, Contains 1 Digital (delivered electronically) and 1 Paperback / softback
  • Ilmumisaeg: 25-Jun-2013
  • Kirjastus: Routledge
  • ISBN-10: 0415623650
  • ISBN-13: 9780415623650
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  • Formaat: Multiple-component retail product, 718 pages, kõrgus x laius: 246x174 mm, kaal: 1361 g, 10 Line drawings, black and white; 9 Tables, color, Contains 1 Digital (delivered electronically) and 1 Paperback / softback
  • Ilmumisaeg: 25-Jun-2013
  • Kirjastus: Routledge
  • ISBN-10: 0415623650
  • ISBN-13: 9780415623650
Teised raamatud teemal:
This highly-respected textbook is regularly updated to provide complete coverage of the Public Law syllabus and is accompanied by a range of interactive resources designed to support teaching and learning. Mapped to the common course outline, it equips students with an understanding of the constitutions past, present and future by analysing and illustrating the political and socio-historical contexts which have shaped the major rules and principles of public law, as well as on-going constitutional reform.









The new 10th edition has been revised and updated to reflect recent developments in the law including the Defamation Act 2013, Crime and Courts Act 2013 and the Justice and Security Act 2013 and has been enhanced to meet the needs of students and lecturers working in todays digital world.









In addition to the printed textbook users receive access to an enhanced electronic version. The interactive eTextbook brings the benefits of digital to the text searching, online, offline and mobile access, interactive exercises and note-sharing are just some of the newly integrated features.









Key features of the interactive electronic textbook















One-click access to the cases on LexisNexis and the statutes on the governments legislation archive with almost 1,000 embedded hyperlinks in the text













The most-up-date book available with author updates twice a year to key developments in Public law













End of chapter interactive exercises which enable students to assess their understanding and progress and diagnose areas of weakness













An Interactive timeline that provides instant access to essential context on how the constitution has developed historically and politically to the present day













A comprehensive bank of essay questions with outline answers to help students prepare for assessments













The ability to make notes and highlight key sections of the text and to share your notes with the class















Instructor Resources A companion website will help instructors integrate the textbook with their teaching and includes links to further reading for students:















Access to articles on constitutional and administrative law from The Student Law Review













All of the diagrams from the text, ready to be integrated with your teaching













Chapter-by-chapter customisable PowerPoint slides which can be used in seminars or lectures













A bank of multiple choice questions which can be customised and adapted for formative assessment













Weblinks curated by the author in a read-to-click format









Please register to gain access to the Instructors eResource on www.RoutledgeInteractive.com









Further information about the interactive electronic textbook









Author Updates twice a year















As the law changes, so does the interactive eTextbook. Updates will go live in the Interactive eTextbook and can be downloaded from the Instructor eResource.















Hyperlinked citations embedded in the text















Students will have one-click access to the full text of cases on LexisNexis® and to statutes on the governments legislation archive















End of chapter assessments and quizzes















Hundreds of interactive multiple-choice exercises to encourage students to test their understanding of the key concepts















Anytime, anywhere access















Made possible by a partnership between Routledge and VitalSource®, your interactive eTextbook is accessible via VitalSources Bookshelf - the most used eTextbook platform in the world. Bookshelf makes digital reading possible online, offline as a download or on mobile devices in native apps as well as browsers. Please see the help section if you encounter any difficulties in pairing devices or accessing your eTextbook on your preferred device.









Notes















Its easy to add notes and save them in the cloud, these can be synchronised across devices. Online help is built into Bookshelf®. Notes can be used privately or to share comments on the text with a group. This means comments and notes from lectures or seminars can move from instructor to student, student to instructor and student to student.

Arvustused

"After taking the 60 seconds to register on a platform site (http://vitalsource.com/) and an extra 20 seconds to enter the unique code, I had, what most would consider, the best online comparison resource available from any publisher. The highlight and note feature is an innovation as it allows the reader to add information to the highlighted area-I have personal experience of highlighting passages of my text books and have no idea why, with this feature, that problem is solved." Steven Rogers, LLB Student, The University of South Wales



"Barnett is based on high academic standards while being easy to read and to understand it is the perfect introductory text." Alexander Fischer, Lecturer in Law, SOAS, University of London



"Clear, detailed and thorough students really enjoy this textbook and I strongly recommend it." Javier Oliva, Lecturer in Law, Bangor University



"Complete, precise and clear extremely suitable." Caroline Fournet, Lecturer in Law, University of Exeter



"Utterly reliable." Nick Howard, Senior Lecturer in Law, University of Glamorgan



"The book is authoritative, thorough, well structured, clear and coherent." Philip Jones, Senior Lecturer in Law, University of the West of England



"..a sophisticated blend of legal material and theoretical ideas." David Radlett, Lecturer in Law, University of Kent



"I was surprised by how useful the eTextbook was. In the past I've always neglected these resources in favour of sticking to the pages in front of me. However, the options given to highlight, comment and search the book are too good to miss out on... As for the textbook itself, it is one that you can feel confident in; it covers the important public law concepts in detail, whilst still being clear and concise." Natalie Hearn, The Student Lawyer

Preface xv
Guide to the Interactive eTextbook and Instructor eResource xviii
Table of Cases
xxi
Table of Legislation UK and International Legislation
lv
Table of Statutory Instruments
lxxv
Table of Decisions, Directives, Regulations, Treaties and Conventions
lxxvii
PART 1 GENERAL INTRODUCTION
1 Introduction: The Scope of Constitutional Law
3(19)
Introduction
4(1)
The Concept of Constitutionalism
5(1)
What is a Constitution?
6(1)
Defining Constitutions
7(1)
Classifying Constitutions
8(6)
The Constitution in Flux
14(2)
The British Islands
16(1)
The Islands and Europe
17(1)
The European Union
18(1)
The United Kingdom and the Commonwealth
18(3)
Further Reading
21(1)
2 Sources of the Constitution
22(21)
Introduction
23(1)
Definitional Difficulties
23(2)
Legal Sources
25(5)
Non-Legal Sources of the Constitution
30(9)
Summary
39(1)
Further Reading
39(4)
PART 2 FUNDAMENTAL CONSTITUTIONAL CONCEPTS
3 The Rule of Law
43(24)
Introduction
44(1)
Contrasting Attitudes to the Rule of Law
44(2)
Uncertainty in the Western Rule of Law
46(1)
The Rule of Law as Philosophical Doctrine
47(2)
The Rule of Law as Political Theory
49(8)
AV Dicey and the Rule of Law
57(9)
Summary
66(1)
Further Reading
66(1)
4 The Separation of Powers
67(20)
Introduction
68(1)
Historical Development
68(1)
The Contemporary Doctrine
69(1)
Defining the Institutions
70(3)
The Office of Lord Chancellor
73(1)
The Supreme Court
74(1)
The Relationship between Executive and Legislature; Legislature and Judiciary; Executive and Judiciary
75(8)
Summary
83(3)
Further Reading
86(1)
5 The Royal Prerogative
87(22)
Introduction
88(1)
The Prerogative Defined
88(1)
The Prerogative before 1688
89(2)
The Prerogative Today
91(1)
The Prerogative Illustrated
92(1)
The Prerogative and Domestic Affairs
93(1)
Appointment of Prime Minister
93(2)
The Prerogative of Mercy
95(1)
Power to Establish Non-Statutory Agencies
96(1)
The Granting of Honours
97(1)
Regulation of the Civil Service
97(1)
Regulation of the Armed Forces
98(1)
The Prerogative and Foreign Affairs
98(4)
Judicial Control of the Prerogative
102(4)
Political Control of the Prerogative
106(1)
Reform of the Prerogative?
107(1)
Summary
107(1)
Further Reading
108(1)
6 Parliamentary Sovereignty
109(32)
Introduction
110(1)
Legal and Political Sovereignty
110(1)
Sovereignty and Written Constitutions
111(1)
The Source of Sovereignty in the United Kingdom
112(1)
Dicey and Sovereignty
113(13)
Academic Arguments Against the Traditional Doctrine of Sovereignty
126(3)
Parliamentary Sovereignty and the European Union
129(3)
Constitutional Reform and Parliamentary Sovereignty
132(4)
Summary
136(1)
Further Reading
136(5)
PART 3 THE EUROPEAN UNION
7 Structures and Institutions of the European Union
141(30)
Introduction
142(1)
The European Community
143(4)
Evolution of the European Union
147(5)
The Institutions of the European Union
152(14)
Understanding Human Rights in Europe
166(3)
Summary
169(1)
Further Reading
170(1)
8 European Union Law and National Law
171(26)
Introduction
172(1)
Sources of EU Law
172(1)
Direct Applicability and Direct Effect
173(10)
The Interaction between National Courts and the European Court of Justice
183(2)
The Question of Legal Supremacy
185(2)
The Reception of EU Law into the United Kingdom
187(7)
Summary
194(1)
Further Reading
194(3)
PART 4 CENTRAL, REGIONAL AND LOCAL GOVERNMENT
9 Central Government
197(22)
Introduction
198(1)
The Structure of Government
198(1)
The Crown
198(2)
The Channels of Communication between Crown and Government
200(1)
The Privy Council
201(1)
Functions of the Privy Council
202(1)
The Office of Prime Minister
202(6)
The Civil Service
208(1)
Appointment and Management
209(1)
Constitutional Principles and the Civil Service
209(2)
The Civil Service Code
211(1)
The Government and the Courts
211(7)
Summary
218(1)
Further Reading
218(1)
10 Responsible Government
219(22)
Introduction
220(1)
Collective Cabinet Responsibility
220(3)
Individual Ministerial Responsibility
223(5)
The Morality of Public Office
228(1)
Individual Responsibility for Personal Conduct
229(7)
Government Openness and Government Secrecy
236(1)
Standards of Public Service and the Openness of Government
236(4)
Summary
240(1)
Further Reading
240(1)
11 Devolution and Local Government
241(30)
Introduction
242(1)
Northern Ireland
243(4)
Scotland
247(4)
Wales
251(3)
Regional Government for England?
254(1)
London: The Greater London Authority and Mayor
255(3)
Local Government: An Outline
258(9)
Summary
267(1)
Further Reading
267(4)
PART 5 PARLIAMENT
12 The Electoral System
271(27)
Introduction
272(1)
The Electoral Commission
272(1)
The Franchise
273(6)
Initiating the Election Process
279(3)
The Conduct of Election Campaigns
282(1)
Broadcasting and Elections
283(1)
Disputed Elections
284(1)
Political Party Funding
285(4)
Voting Systems
289(2)
Reform of the Voting System
291(3)
The Case For and Against Reforming the Simple Majority System
294(2)
Summary
296(1)
Further Reading
297(1)
13 Introduction to the House of Commons
298(12)
Introduction
299(1)
The Functions of Parliament
299(1)
The Life of a Parliament
300(1)
Summoning, Adjournment, Prorogation and Dissolution
300(2)
The Organisation of Business
302(1)
Personnel of the House of Commons
302(4)
Government and Opposition
306(1)
Voting in the Commons
307(1)
Parliamentary Publications and Papers
308(1)
Summary
309(1)
Further Reading
309(1)
14 The Legislative Process
310(17)
Introduction
311(1)
The United Kingdom Parliament and Devolution
311(1)
Primary Legislation
311(6)
Fast-track Legislation
317(1)
Private Members' Bills
318(2)
Delegated Legislation
320(4)
Scrutiny of Legislation by the House of Lords
324(1)
The Royal Assent
324(1)
Parliament and European Union (EU) Legislation
325(1)
Summary
325(1)
Further Reading
326(1)
15 Scrutiny of the Executive
327(18)
Introduction
328(1)
Question Time
328(4)
Emergency Debates
332(1)
Daily Adjournment Debates
332(1)
Early Day Motions
332(1)
Select Committees of the House of Commons
333(6)
Scrutiny of National Finance
339(4)
Summary
343(1)
Further Reading
344(1)
16 The House of Lords
345(22)
Introduction
346(1)
The Composition of the House of Lords
347(6)
General Debates
353(1)
The Scrutiny of Legislation
354(1)
The Amendment of Legislation
355(1)
The Balance of Power between the House of Lords and the House of Commons
356(4)
Select Committees in the House of Lords
360(1)
Members' Interests in the House of Lords
361(1)
Reform of the House of Lords
362(4)
Summary
366(1)
Further Reading
366(1)
17 Parliamentary Privilege
367(30)
Introduction
368(1)
The Principal Privileges
369(1)
The Current Scope and Role of Privilege
370(9)
Members' Interests and Members' Independence
379(11)
Publication of Parliamentary Proceedings
390(3)
Summary
393(1)
Further Reading
394(3)
PART 6 THE INDIVIDUAL AND THE STATE
18 The Protection of Human Rights
397(54)
Introduction
398(1)
The Emergence of the Constitutional Protection of Rights
398(1)
Part A The European Convention On Human Rights And Fundamental Freedoms And The Human Rights Act 1998
399(1)
The European Convention on Human Rights and Fundamental Freedoms
399(5)
The Human Rights Act 1998
404(14)
Part B The Substantive Rights
418(1)
Case Law
418(30)
Summary
448(1)
Further Reading
449(2)
19 Freedom of Expression and Privacy
451(29)
Introduction
452(1)
Freedom of Expression
452(1)
Freedom of Expression and the Human Rights Act
452(2)
Restrictions on Freedom of Expression
454(13)
The Law of Confidence
467(2)
Privacy
469(9)
Summary
478(1)
Further Reading
479(1)
20 Freedom of Association and Assembly
480(18)
Introduction
481(1)
Freedom of Association
481(1)
Freedom of Assembly
482(1)
Indirect Restrictions on Freedom of Assembly
483(3)
Public Order
486(11)
Summary
497(1)
Further Reading
497(1)
21 The Police and Police Powers
498(27)
Introduction
499(1)
The Home Office
499(1)
Police and Crime Commissioners (PCCs)
500(2)
National Crime Agency (NCA)
502(5)
Police Powers in Relation to the Detection and Investigation of Crime
507(15)
Alternatives to Prosecution
522(1)
Summary
523(1)
Further Reading
523(2)
22 State Security
525(36)
Introduction
526(1)
The Security Services
527(7)
The Interception of Communications
534(2)
The Intelligence Services Commissioner and the Tribunal
536(1)
Parliamentary Scrutiny of the Security Services
537(1)
Official Secrets
538(5)
Emergency Powers
543(1)
Terrorism
544(10)
The Special Immigration Appeals Commission
554(2)
Closed Material Proceedings (CMP)
556(1)
Summary
557(1)
Further Reading
557(4)
PART 7 ADMINISTRATIVE LAW
23 Judicial Review: Introduction, Jurisdiction and Procedure
561(32)
Introduction
562(2)
Judicial Review and the Human Rights Act 1998
564(1)
The Growth in Public Administration
565(2)
The Courts' Interpretation of Public Bodies
567(2)
The Basis for Judicial Review
569(2)
Standing to Apply for Judicial Review
571(3)
The Existence of Alternative Remedies
574(1)
A Matter of Public - Not Private - Law
574(7)
Limitations on Judicial Review
581(8)
Remedies
589(2)
Default Powers
591(1)
Summary
591(1)
Further Reading
592(1)
24 Grounds for Judicial Review I: The Substantive Grounds for Judicial Review
593(28)
Introduction
594(1)
The Traditional Doctrine of Ultra Vires
594(3)
Illegality
597(16)
Irrationality: Wednesbury Unreasonableness
613(6)
Summary
619(1)
Further Reading
619(2)
25 Grounds for Judicial Review II: Procedural Impropriety
621(22)
Introduction
622(1)
Procedural Impropriety under Statute
622(1)
Breach of Natural Justice
623(19)
Summary
642(1)
Further Reading
642(1)
26 Commissioners for Administration: Ombudsmen
643(19)
Introduction
644(1)
Commissioners for Administration in the United Kingdom
644(1)
The Parliamentary Commissioner for Administration
645(1)
The Complaints Procedure
646(5)
The Problem of Accessibility and Public Awareness
651(4)
Reform of the Office of Parliamentary Commissioner
655(1)
Commissioners for Northern Ireland, Scotland and Wales
656(1)
The Health Service Commissioners
657(1)
Local Government Commissioners
657(2)
The Information Commissioner
659(1)
The Legal Services Commissioner
660(1)
European Union Ombudsman
660(1)
Summary
660(1)
Further Reading
661(1)
27 Tribunals and Inquiries
662(21)
Part A Tribunals
663(1)
Introduction
663(1)
The Range of Tribunals
664(1)
Reforming the System
665(1)
Recent Reforms
666(6)
Summary
672(1)
Further Reading
672(1)
Part B Inquiries
673(1)
Introduction
673(1)
Non-statutory Inquiries
674(1)
Statutory Inquiries
675(1)
The Inquiries Act 2005
676(5)
Summary
681(1)
Further Reading
682(1)
Bibliography 683(18)
Index 701
Hilaire Barnett, BA, LLM, was previously at Queen Mary College, University of London.