The English historical constitution

Author: John W. F. Allison
Publisher: Cambridge Univ Pr
ISBN: IND:30000128331265
Release Date: 2007
Genre: Law

Allison employs an historical constitutional approach to assess doctrines and institutions in English constitutional law.

The Separation of Powers in the Contemporary Constitution

Author: Roger Masterman
Publisher: Cambridge University Press
ISBN: 9781139494298
Release Date: 2010-12-02
Genre: Law

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.

The Changing Constitution

Author: Jeffrey L. Jowell
Publisher: Oxford University Press, USA
ISBN: 9780198709824
Release Date: 2015
Genre: Law

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eighth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Itclarifies the scope of the powers exercised by central, developed and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems. Online Resource Centre: This book is accompanied by an Online Resource Centre which includes a "library" of web links, and a timeline of key dates in British legal and political history.

Parliamentary Sovereignty in the UK Constitution

Author: Michael Gordon
Publisher: Bloomsbury Publishing
ISBN: 9781782255819
Release Date: 2015-04-30
Genre: Law

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 Â? through legislating about the legislative process Â? to revitalise the UK's political constitution.

The Law of the Constitution

Author: A.V. Dicey
Publisher: OUP Oxford
ISBN: 9780191508967
Release Date: 2013-10-17
Genre: Law

The Law of the Constitution has been the main doctrinal influence upon English constitutional thought since the late-nineteenth century. It acquired and long retained extraordinary legal authority, despite fierce criticism and many changes in law and government. By many, it was treated as a canonical text embodying axiomatic principles, or it was simply understood as indeed the law of the constitution; and even by its critics, it was still granted the status of orthodoxy. Basic constitutional principles became commonly conceived in Diceyan terms: parliamentary sovereignty was pure and absolute in being without legal limit; and Dicey's rule of law precluded recognition of an English administrative law and thus retarded its development for decades. Reaffirmed in each new edition of Dicey's canonical text, the constitution itself seemed static. The Oxford Edition of Dicey provides sources with which to reassess the extraordinary authority and lasting influence of Dicey's canonical text. This volume consists of Dicey's rare first edition in its original lecture form and of the main addenda in later editions. It facilitates a historical understanding of Dicey's original text in its context and of later changes when they were made. In introducing the first volume, John Allison reassesses The Law of the Constitution's authority and the kinds of response it has elicited in view of its original educative form and educational context.

Constitutional Law and Regionalism

Author: Vito Breda
Publisher: Edward Elgar Publishing
ISBN: 9781783470136
Release Date: 2018-09-28
Genre: Law

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

Comparative Constitutionalism

Author: A.V. Dicey
Publisher: Oxford University Press
ISBN: 9780199685813
Release Date: 2013-10
Genre: Law

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.

The Oxford Edition of Dicey

Author: A. V. Dicey
Publisher: Oxford University Press, USA
ISBN: 0199685827
Release Date: 2013
Genre: Law

The Oxford Edition of Dicey provides sources with which to reassess the extraordinary authority and lasting influence of Dicey's canonical text Introduction to the Study of the Law of the Constitution. The first volume consists of Dicey's rare first edition in its original form and of the main addenda in later editions. It facilitates a historical understanding of Dicey's original text in its context and of later changes when they were made. In introducing the first volume, J.W.F. Allison reassesses The Law of the Constitution's authority and the kinds of response it has elicited in view of its original educative form and educational context. The volume also includes Dicey's unpublished inaugural lecture and his revisionist article published in 1915 examining the development of administrative law in England. Volume Two, The Comparative Study of Constitutions, provides a complement to Dicey's The Law of the Constitution. These largely unpublished comparative constitutional lectures were written for different versions of a comparative constitutional book that Dicey began but did not finish prior to his death in 1922. The lectures were a pioneering venture into comparative constitutionalism and reveal an approach to legal education broader than Dicey is widely understood to have taken. Topics discussed include English, French, American, and Prussian constitutionalism; the separation of powers; representative government; and federalism. The volume begins with an editorial introduction examining the implications of these comparative lectures and Dicey's early foray into comparative constitutionalism for his general constitutional thought, and the kinds of response it has elicited. These two volumes collect together the main body of work from one of the most influential constitutional law theorists in the field. It is essential reading for any student of English and comparative constitutional thought.

Thomas Hobbes

Author: Preston T. King
Publisher: Taylor & Francis
ISBN: 0415080819
Release Date: 1993
Genre: Ethics


The Historical Revolution Routledge Revivals

Author: Frank Smith Fussner
Publisher: Routledge
ISBN: 9781136857218
Release Date: 2010-10-04
Genre: History

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'.

The British Constitution Continuity and Change

Author: Matt Qvortrup
Publisher: Bloomsbury Publishing
ISBN: 9781782251934
Release Date: 2013-08-02
Genre: Law

Vernon Bogdanor once told The Guardian that he made 'a living of something that doesn't exist'. He also quipped that the British Constitution can be summed up in eight words: 'Whatever the Queen in Parliament decides is law.' That may still be the case, yet in many ways the once elusive British Constitution has now become much more grounded, much more tangible and much more based on written sources than was previously the case. It now exists in a way in which it previously did not. However, though the changes may seem revolutionary, much of the underlying structure remains unchanged; there are limits to the changes. Where does all this leave the Constitution? Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. While also a Festschrift in honour of Vernon Bogdanor, this book is above all a comprehensive compendium on the present state of the British Constitution. 'The new constitutional politics has spawned a new constitutional scholarship. This stimulating collection, skilfully put together by Matt Qvortrup, works both as a welcome snapshot of where we are now and as an expert audit, from specialists in law, history and political science, of the deeper issues and of the complex dynamics of continuity and change in the ongoing refashioning of Britain's constitutional architecture.' Kevin Theakston, Professor of British Government, University of Leeds 'The highly distinguished team of scholars assembled by Matt Qvortrup has produced a deeply thought-provoking collection on the profound constitutional changes that have occurred in the UK over the last twenty years. A book worthy of reaching a very wide readership.' Roger Scully, Professor of Political Science, Cardiff University 'Vernon Bogdanor understands like few others the connections between history, politics and institutions - and that is what makes him such an authority on the British system of government.' The Rt Hon David Cameron MP, Prime Minister 'I think Vernon's guiding principle at Brasenose was to treat all his students as if they might one day be Prime Minister. At the time, I thought this was a bit over the top, but then a boy studying PPE at Brasenose two years beneath me became Prime Minister.' Toby Young, The Spectator

British Government and the Constitution

Author: Colin Turpin
Publisher: Cambridge University Press
ISBN: 9781139503860
Release Date: 2011-09-01
Genre: Law

Like the immensely successful previous edition of this highly respected work, this new edition has been jointly prepared and thorough updated by Colin Turpin and Adam Tomkins. It takes fully into account constitutional developments under the coalition government and examines the most recent case law of the Supreme Court, the European Court of Justice and the European Court of Human Rights. While it includes extensive material and commentary on contemporary constitutional practice, the book covers the historical traditions and the continuity of the British constitution as well as the current tide of change. Designed principally for law students, the book includes substantial extracts from parliamentary and other political sources, as well as from legislation and case law, making it ideal for politics and government students. With its fresh design it provides a full yet accessible account of the British constitution at a fascinating moment in its ongoing development.

An Historical Introduction to Western Constitutional Law

Author: R. C. van Caenegem
Publisher: Cambridge University Press
ISBN: 0521476933
Release Date: 1995-03-23
Genre: Law

Professor van Caenegem's new book addresses fundamental questions of constitutional organization--democracy versus autocracy, unitary versus federal organization, pluralism versus intolerance--by analyzing different models of constitutional government through a historical perspective. The approach is chronological: constitutionalism is explained as the result of many centuries of trial and error through a narrative that begins in the early Middle Ages and concludes with contemporary debates, focusing on Europe, the United States, and the Soviet Union.

England s Troubles

Author: Jonathan Scott
Publisher: Cambridge University Press
ISBN: 0521423341
Release Date: 2000-05-25
Genre: History

A broad interpretation of the events and beliefs of seventeenth-century England, first published in 2000.