The English historical constitution

continuity, change and European effects

Author: John W. F. Allison

Publisher: Cambridge Univ Pr

ISBN: N.A

Category: Law

Page: 275

View: 620

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Allison employs an historical constitutional approach to assess doctrines and institutions in English constitutional law.
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The Separation of Powers in the Contemporary Constitution

Judicial Competence and Independence in the United Kingdom

Author: Roger Masterman

Publisher: Cambridge University Press

ISBN: 1139494295

Category: Law

Page: N.A

View: 4838

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In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
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The Changing Constitution

Author: Sir Jeffrey Jowell,Dawn Oliver

Publisher: Oxford University Press

ISBN: 0199579059

Category: LAW

Page: 428

View: 3101

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This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.
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How Constitutions Change

A Comparative Study

Author: Dawn Oliver,Carlo Fusaro

Publisher: Bloomsbury Publishing

ISBN: 184731788X

Category: Law

Page: 510

View: 9233

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This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.
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Constitutional Law and Regionalism

A Comparative Analysis of Regionalist Negotiations

Author: Vito Breda

Publisher: Edward Elgar Publishing

ISBN: 1783470135

Category: Law

Page: 304

View: 6604

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This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states
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Parliamentary Sovereignty in the UK Constitution

Process, Politics and Democracy

Author: Michael Gordon

Publisher: Bloomsbury Publishing

ISBN: 1782255818

Category: Law

Page: 262

View: 4119

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The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament – through legislating about the legislative process – to revitalise the UK's political constitution.
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Comparative Constitutionalism

Author: A.V. Dicey

Publisher: Oxford University Press

ISBN: 0199685819

Category: Law

Page: 352

View: 920

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This volume makes available the full text of Dicey's two sets of, largely unpublished, lectures on the comparative study of constitutions. It follows publishing schemes envisaged by Dicey and includes an detailed editorial introduction explaining Dicey's implications for constitutionalism in the UK and beyond.
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The Law of the Constitution

Author: A.V. Dicey

Publisher: Oxford University Press

ISBN: 0199579822

Category: Law

Page: 522

View: 9698

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In print for the first time in fifty years, The Oxford Edition of Dicey faithfully reproduces the first edition of Dicey's most influential work. This volume also includes the main addenda for the other editions, and the text of Dicey's inaugural lecture.
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The Historical Revolution (Routledge Revivals)

English Historical Writing and Thought 1580-1640

Author: Frank Smith Fussner

Publisher: Routledge

ISBN: 1136857214

Category: History

Page: 370

View: 2673

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First published in 1962, Frank Smith Fussner's introduction to the revolution in English historical writing and thought during the period of the renaissance and reformation (1580-1640) is an influential and thoroughly-researched work. It offers an introduction not only to the context of the period and the important English historians of the era, but also provides a thorough historiographical approach which deals with the purpose, method, content, style and significance of these historians within the framework of this 'historical revolution'.
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