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Focusing on the protection of rights in the UK, this book establishes a framework for interactions to better protect rights, facilitate deliberation, engage citizens, and provide for checks and balances. It further evaluates how well these values are achieved in the UK constitution now, and in light of a British Bill of Rights and Brexit.
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
Foreword / Sir Stephen Sedley -- The Miller tale : an introduction / Mark Elliott, Jack Williams and Alison L Young -- Prerogative powers after Miller : an analysis in four E's / Jack Williams -- Miller and the prerogative / Anne Twomey -- Miller, treaty making and the rights of subjects / Eirik Bjorge -- Miller, EU law and the UK / Paul Craig -- Of power cables and bridges: individual rights and retrospectivity in Miller and beyond / David Howarth -- Constitutional change and territorial consent : the Miller case and the Sewel convention / Aileen McHarg -- Sovereignty, consent and constitutions : the Northern Ireland references / Gordon Anthony -- The Miller case and constitutional statutes / Sir John Laws -- Sovereignty, primacy and the common law constitution : what has EU membership taught us? / Mark Elliott -- Miller, constitutional realism and the politics of Brexit / Richard Ekins and Graham Gee -- Miller and the future of constitutional adjudication / Alison L Young
A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.
This book extends the cultural turn in legal and criminological studies by interrogating our responses to the image. It provides a space to think through problems of ethics, social authority and the legal imagination.
Places constitutional law in its legal, historical and political context using contemporary examples.
Previous edition, 1st, published in 1985.
The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.
Is the government really acting for the people? Or does this rhetoric simply justify an executive power-grab? For some, Boris Johnson’s premiership epitomised how far the UK’s democracy has been captured by populism and the Prime Minister seemed more concerned about fulfilling the wishes of the British people than with following the rules or listening to Parliament. Events like ‘Partygate’ grabbed the headlines. Criticisms of Boris Johnson’s actions eventually led to his resignation and replacement as leader of his party and Prime Minister. Some feel that this shows that the UK’s constitution is healthy, with checks and balances in place to prevent any possible abuse of power. Wh...
'The most powerful woman in British beauty' Daily Mail 'This woman is the best advert for the advice she gives to all of us' Ruth Langsford If there is one thing my experience in the beauty industry has taught me, it's that a beauty regime should be as individual as you are. Having no cosmetic work myself allows me to truly understand what results are achievable for people at home. Trusted and award-winning beauty expert Alison Young has worked in the industry for over 35 years. She has pretty much tried every beauty product on the market so you don't have to, and she knows what works and what doesn't. Her no-nonsense approach cuts through the hard sell and tells it how it is. Whether you wa...