Parliament

Author: Alexander Horne
Editor: Bloomsbury Publishing
ISBN: 1509906444
Size: 17,68 MB
Format: PDF, Mobi
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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Parliament And The Law

Author: Alexander Horne
Editor: Bloomsbury Publishing
ISBN: 1509908722
Size: 12,44 MB
Format: PDF
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Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.

Human Rights In The Uk And The Influence Of Foreign Jurisprudence

Author: Hélène Tyrrell
Editor: Bloomsbury Publishing
ISBN: 1509904964
Size: 16,36 MB
Format: PDF
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Human Rights in the UK and the Influence of Foreign Jurisprudence represents the first major empirical study of the use of foreign jurisprudence at the UK Supreme Court. This book focuses on the patterns of use and non use of rulings from foreign domestic courts in human rights cases before the UK Supreme Court. Results are drawn from quantitative and qualitative research, presenting data from the first eight years of Supreme Court activity. The evidence includes interviews with active and former members of the senior judiciary, as well as a focus group including some of the Supreme Court Judicial Assistants. It is argued that foreign jurisprudence is more intimately woven into the fabric of judicial reasoning, and serves a wider range of functions, than the term 'persuasive authority' might imply. Foreign jurisprudence is used mainly as a heuristic device, providing judges with a fresh analytical lens. Foreign jurisprudence is also important when interpreting a common legislative scheme, supporting dialogue between the Supreme Court and supranational courts such as the European Court of Human Rights. The perspectives offered by foreign jurisprudence can also support a stronger conception of domestic human rights. In these ways, this book addresses a broader political question about the source of human rights in the UK.

Our Republican Constitution

Author: Adam Tomkins
Editor: Hart Publishing
ISBN: 1841135224
Size: 20,85 MB
Format: PDF, ePub, Docs
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This new book by Adam Tomkins sets out a radical vision of the British constitution. It argues that despite its outwardly monarchic form the constitution is profoundly informed, and indeed shaped, by values and practices of republicanism. The republican reading of the constitution presented in this book places political accountability at the core of the constitutional order. As such, Our Republican Constitution offers a powerful rejoinder to the current trend in legal scholarship that sees the common law and the courts, rather than Parliament, as the central players in holding government to account. The book further contends that while the constitution should be understood as having republican foundations, current constitutional practice is, in a number of respects, insufficiently republican in character. This is an original and provocative reinterpretation of the central themes of the British constitution, drawing on constitutional history (especially of the seventeenth century), political theory and public law.

The Making And Remaking Of The British Constitution

Author: Michael Patrick Nolan Baron Nolan
Editor:
ISBN:
Size: 20,87 MB
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Presented in this work are the six lectures given as the University of Warwick's Radcliffe Lectures for 1996/97. They focus on two main themes: Lord Nolan looks at the constitution as a whole, taking a critical look at the Executive, the Legislative and the Judiciary from the perspective of a judge who normally sits in the House of Lords, but who at the moment chairs the committee looking into standards in public life. Sir Stephen Sedley, as one of the High Court judges designated to deal with disputes between citizens and Government, examines the constitution from the point of view of a judge exercising the new and rapidly developing jurisdiction of judicial review.

Constitutional And Administrative Law

Author: John Alder
Editor:
ISBN:
Size: 12,98 MB
Format: PDF
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This textbook explains the basic legal principles of the UK constitution in an accessible and critical way. This edition addresses recent legal developments in this area, discussing topics such as the Constitutional Reform Act 2005 and recent anti-terrorism legislation.

National Parliaments And European Democracy

Author: Olaf Tans
Editor: Europa Law Pub Netherlands
ISBN: 9789076871813
Size: 12,20 MB
Format: PDF, ePub, Docs
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This book engages in the vivid debate about the role of nationalparliaments in the future European democracy. These parliaments are widely regarded to be essential in reducing the European Union's democratic deficit, but it remains unclear how their function should be organized. The purpose of this volume is to contribute to such a regime on the basis of a comparative analysis of scrutiny systems, as they exist today.

Child Abduction Within The European Union

Author: Katarina Trimmings
Editor: Bloomsbury Publishing
ISBN: 1782250832
Size: 12,32 MB
Format: PDF, ePub, Docs
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The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction.

The Oxford Handbook Of Political Leadership

Author: R. A. W. Rhodes
Editor: OUP Oxford
ISBN: 0191645869
Size: 14,26 MB
Format: PDF
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Political leadership has made a comeback. It was studied intensively not only by political scientists but also by political sociologists and psychologists, Sovietologists, political anthropologists, and by scholars in comparative and development studies from the 1940s to the 1970s. Thereafter, the field lost its way with the rise of structuralism, neo-institutionalism, and rational choice approaches to the study of politics, government, and governance. Recently, however, students of politics have returned to studying the role of individual leaders and the exercise of leadership to explain political outcomes. The list of topics is nigh endless: elections, conflict management, public policy, government popularity, development, governance networks, and regional integration. In the media age, leaders are presented and stage-managed—spun—as the solution to almost every social problem. Through the mass media and the Internet, citizens and professional observers follow the rise, impact, and fall of senior political officeholders at closer quarters than ever before. This Handbook encapsulates the resurgence by asking, where are we today? It orders the multidisciplinary field by identifying the distinct and distinctive contributions of the disciplines. It meets the urgent need to take stock. It brings together scholars from around the world, encouraging a comparative perspective, to provide a comprehensive coverage of all the major disciplines, methods, and regions. It showcases both the normative and empirical traditions in political leadership studies, and juxtaposes behavioural, institutional, and interpretive approaches. It covers formal, office-based as well as informal, emergent political leadership, and in both democratic and undemocratic polities.