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Public Law Text, Cases, and Materials explores how the law works in practice. The key institutions, legal principles, and conventions that underpin the public law of the UK are brought to life through the inclusion of extracts from key sources, which are explained and critiqued by the authors.
Scope of Judicial Review
In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, "Building the UK's New Supreme Court" considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems; the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined.
This dynamic text, cases, & materials book provides a thought-provoking guide to the public law of the UK. It sets out key institutions, legal principles, and conventions and its clear commentary draws on case studies and extracts from a range of sources to provide a full understanding of the law and the major theoretical and political debates.
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...
"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.
Previous edition, 1st, published in 1985.
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.