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Book Details
Abstract
In Constitutional and Administrative Law, the authors draw upon their extensive teaching and research experience to provide a contemporary and engaging account of the key topics which make up a typical Constitutional & Administrative or Public Law syllabus. Controversial issues and academic debates are also highlighted throughout making this the ideal textbook for anyone requiring a strong understanding of both the black letter principles and the wider socio-political context in which the constitutional arrangements of the UK have developed.
Fully updated with all the latest constitutional and legal developments in this area, this second edition contains:
- A dedicated chapter on ‘Political Freedoms and Democratic Participation’ which offers expanded coverage of important civil liberties, including freedom of expression and the right to vote.
- A new section providing an overview of police powers.
- Extensive coverage of the implications of the Brexit referendum decision, including the European Union (Withdrawal Bill) 2017 and the ongoing exit negotiations.
- Discussion of the implications of the 2017 general election and proposed changes to the Westminster parliamentary constituency boundaries.
- An outline of the Strathclyde proposals on the powers of the House of Lords.
- Discussion of the mooted replacement of the Human Rights Act 1998 with a British Bill of Rights.
- Detailed analysis of a number of significant cases include the Miller decisions, R (Evans) v Attorney General, HS2, and R (UNISON) v Lord Chancellor.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover | Front Cover | ||
| Half Title Page | i | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Brief Contents | v | ||
| Contents | vii | ||
| Preface to the second edition | xiii | ||
| Acknowledgements | xvi | ||
| Table of cases | xvii | ||
| Table of statutes | xxxii | ||
| Part I Constitutional regulation in the absence of a codified constitution | 1 | ||
| 1 The purposes and characteristics of constitutions | 2 | ||
| Chapter outline | 2 | ||
| The nature and purpose of constitutions | 2 | ||
| Characteristics of constitutions – does the United Kingdom have a constitution? | 4 | ||
| The content of constitutions | 8 | ||
| Forms of constitutions | 12 | ||
| The United Kingdom Constitution | 15 | ||
| Practice questions | 19 | ||
| Further reading | 19 | ||
| 2 The domestic sources of the UK Constitution | 21 | ||
| Chapter outline | 21 | ||
| Introduction: a constitution built using different materials | 21 | ||
| Legal sources of the constitution | 22 | ||
| Non-legal sources of the constitution | 40 | ||
| Conclusion | 51 | ||
| Practice questions | 53 | ||
| Further reading | 53 | ||
| 3 The United Kingdom Constitution and international legal orders | 55 | ||
| Chapter outline | 55 | ||
| Introduction: External sources of constitutional law? | 55 | ||
| Public international law | 57 | ||
| The European Union | 74 | ||
| Brexit: The UK’s Withdrawal from the European Union | 89 | ||
| Conclusion | 95 | ||
| Practice questions | 96 | ||
| Further reading | 96 | ||
| 4 Law politics and the nature of the United Kingdom Constitution | 98 | ||
| Chapter outline | 98 | ||
| Introduction: the relationship between law and politics | 98 | ||
| Two competing ideas of constitutionalism | 102 | ||
| Judges and political questions | 108 | ||
| The differing responses of law and politics illustrated | 115 | ||
| Conclusion: the legalisation of the United Kingdom Constitution? | 118 | ||
| Practice questions | 119 | ||
| Further reading | 119 | ||
| Part II The theory and practice of the United Kingdom Constitution | 121 | ||
| 5 Parliamentary sovereignty | 122 | ||
| Chapter outline | 122 | ||
| Introduction | 122 | ||
| Diceyan orthodoxy: the legally unlimited power of Parliament | 123 | ||
| Parliamentary sovereignty: a legal or political construct? | 126 | ||
| Can Parliament impose limitations upon its own legislative competence? | 133 | ||
| Can Parliament amend the primary legislative process? | 139 | ||
| The relationships between primary legislation and other sources of law | 148 | ||
| The Human Rights Act 1998 | 163 | ||
| The influence of – and the UK’s exit from – the European Union | 167 | ||
| Brexit: reclaiming sovereignty | 176 | ||
| Conclusion | 179 | ||
| Practice questions | 180 | ||
| Further reading | 180 | ||
| 6 The rule of law | 182 | ||
| Chapter outline | 182 | ||
| Introduction | 182 | ||
| The rule of law’s domain | 183 | ||
| The core rule of law | 187 | ||
| The extended rule of law | 199 | ||
| The substantive rule of law | 215 | ||
| Conclusion | 218 | ||
| Practice questions | 219 | ||
| Further reading | 219 | ||
| 7 Separation of powers | 221 | ||
| Chapter outline | 221 | ||
| Introduction | 221 | ||
| The theory and aims of separation of powers | 223 | ||
| Governmental institutions and functions | 227 | ||
| Separation of powers in the United Kingdom Constitution (I): a partial division of functions? | 236 | ||
| Separation of powers in the United Kingdom (II): partially separated institutions? | 239 | ||
| Constitutional checks and balances | 246 | ||
| Conclusion | 249 | ||
| Practice questions | 250 | ||
| Further reading | 251 | ||
| Part III Central government in the United Kingdom | 253 | ||
| 8 The executive | 254 | ||
| Chapter outline | 254 | ||
| Introduction | 254 | ||
| From absolute monarchy to the modern executive | 255 | ||
| The composition and role of the modern executive | 265 | ||
| Conclusion | 282 | ||
| Practice questions | 283 | ||
| Further reading | 284 | ||
| 9 Parliament (I): the House of Commons | 285 | ||
| Chapter outline | 285 | ||
| Introduction: Parliament | 285 | ||
| The composition of the House of Commons | 287 | ||
| The role and functions of the House of Commons | 293 | ||
| The pre-eminent House of Parliament | 302 | ||
| The question of ‘elective dictatorship’ | 304 | ||
| Towards a rebalancing of executive/legislative relations? | 306 | ||
| Electoral systems and electoral reform | 307 | ||
| The review of Westminster constituency boundaries | 312 | ||
| Conclusion | 313 | ||
| Practice questions | 314 | ||
| Further reading | 314 | ||
| 10 Parliament (II): the House of Lords | 315 | ||
| Chapter outline | 315 | ||
| Introduction | 316 | ||
| The composition of the House of the Lords | 316 | ||
| The role of the House of Lords | 324 | ||
| Reform of the House of Lords | 331 | ||
| Conclusion | 338 | ||
| Practice questions | 338 | ||
| Further reading | 339 | ||
| 11 The United Kingdom Supreme Court and the office of Lord Chancellor: towards an independent judicial branch? | 340 | ||
| Chapter outline | 340 | ||
| Introduction | 340 | ||
| The apex of the United Kingdom judicial system prior to the Constitutional Reform Act 2005 | 341 | ||
| The pressure for institutional reform of the judiciary | 346 | ||
| The Constitutional Reform Act 2005 | 349 | ||
| Conclusion | 355 | ||
| Practice questions | 355 | ||
| Further reading | 356 | ||
| Part IV Decentralised government in the United Kingdom | 357 | ||
| 12 The United Kingdom’s devolution arrangements | 358 | ||
| Chapter outline | 358 | ||
| Introduction | 358 | ||
| From union to devolution | 359 | ||
| Devolution in practice: Scotland | 367 | ||
| Devolution in practice: Wales | 375 | ||
| Devolution in practice: Northern Ireland | 381 | ||
| Conclusion | 389 | ||
| Practice questions | 390 | ||
| Further reading | 391 | ||
| 13 Devolution and the United Kingdom Constitution | 393 | ||
| Chapter outline | 393 | ||
| Introduction | 393 | ||
| The subordinate nature of the devolved legislatures | 394 | ||
| The English/West Lothian question | 410 | ||
| Tackling the English/West Lothian question | 415 | ||
| Conclusion | 425 | ||
| Practice questions | 426 | ||
| Further reading | 426 | ||
| Part V Accountability (I): responsibility, scrutiny, openness and good administration | 429 | ||
| 14 Principles of political accountability | 430 | ||
| Chapter outline | 430 | ||
| Introduction | 430 | ||
| Political and legal accountability distinguished | 432 | ||
| Open government and effective accountability | 434 | ||
| Individual ministerial responsibility | 436 | ||
| Sanctions and effectiveness | 442 | ||
| Conclusion | 449 | ||
| Practice questions | 449 | ||
| Further reading | 450 | ||
| 15 Parliamentary scrutiny of government | 451 | ||
| Chapter outline | 451 | ||
| Introduction | 451 | ||
| Scrutiny in Parliament | 453 | ||
| Reforming parliamentary scrutiny: the Wright reforms | 461 | ||
| Assessing parliamentary scrutiny of government | 463 | ||
| Conclusion | 465 | ||
| Practice questions | 466 | ||
| Further reading | 466 | ||
| 16 The Parliamentary Ombudsman | 468 | ||
| Chapter outline | 468 | ||
| Introduction | 468 | ||
| The work of the Parliamentary Ombudsman | 470 | ||
| Remedies and redress | 477 | ||
| Efficiency and effectiveness | 480 | ||
| Conclusion | 483 | ||
| Practice questions | 483 | ||
| Further reading | 484 | ||
| 17 Freedom of information | 485 | ||
| Chapter outline | 485 | ||
| Introduction | 485 | ||
| The Freedom of Information Act 2000 | 488 | ||
| Assessing the impact of the Freedom of Information Act | 499 | ||
| Conclusion | 502 | ||
| Practice questions | 503 | ||
| Further reading | 503 | ||
| Part VI Accountability (II): the courts | 505 | ||
| 18 Judicial review of administrative action – theory, procedure and remedies | 506 | ||
| Chapter outline | 506 | ||
| Introduction | 506 | ||
| Judicial review’s constitutional role | 507 | ||
| Procedural elements of judicial review | 516 | ||
| Remedies available under judicial review | 536 | ||
| Conclusion | 539 | ||
| Practice questions | 539 | ||
| Further reading | 540 | ||
| 19 Judicial review of administrative action – grounds for review | 541 | ||
| Chapter outline | 541 | ||
| Introduction | 542 | ||
| Illegality | 544 | ||
| Irrationality | 558 | ||
| Procedural impropriety | 567 | ||
| Legitimate expectations | 584 | ||
| Conclusion | 592 | ||
| Practice questions | 593 | ||
| Further reading | 594 | ||
| 20 The European Convention on Human Rights | 595 | ||
| Chapter outline | 595 | ||
| Introduction | 595 | ||
| The nature of human rights | 596 | ||
| The development of the ECHR and associated institutions | 609 | ||
| The rights and freedoms protected under the ECHR | 617 | ||
| Human rights and trade-offs under the ECHR | 632 | ||
| Conclusion | 644 | ||
| Practice questions | 645 | ||
| Further reading | 645 | ||
| 21 The Human Rights Act 1998 | 647 | ||
| Chapter outline | 647 | ||
| Introduction | 647 | ||
| From civil liberties to human rights | 648 | ||
| Incorporating the Convention | 651 | ||
| The HRA and legislation | 660 | ||
| Employing the Convention rights under the HRA | 673 | ||
| Towards A Bill of Rights for the United Kingdom? | 681 | ||
| Conclusion | 684 | ||
| Practice questions | 686 | ||
| Further reading | 686 | ||
| 22 Political freedoms and democratic participation | 688 | ||
| Chapter outline | 688 | ||
| Introduction | 688 | ||
| Freedom of expression | 690 | ||
| Freedom of assembly | 699 | ||
| Liberty | 708 | ||
| Voting rights | 713 | ||
| Conclusion | 717 | ||
| Practice questions | 718 | ||
| Further reading | 718 | ||
| Index | 720 | ||
| Back Cover | Back Cover |