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EC Membership and the Judicialization of British Politics
The Law Lords in `Factortame' based their acceptance of the supremacy of European Community law on an 'entirely voluntary' surrender of sovereignty by Parliament. This interdisciplinary study tells the story, from the parliamentary perspective, of how Parliament's sovereignty came to be lost.It charts the evolution of MPs' constitutional understandings by analyzing the parliamentary debates on UK attempts to join the Community, the passage of the 1972 Act and the approval of subsequent Treaty revisions. The book's pervasive theme is the transformation from a UK constitution based onpolitics to one based increasingly on law. It assesses the extent to which MPs understood that EC membership en...
Doctor Who: A British Alien?
This book argues that Doctor Who, the world’s longest-running science fiction series often considered to be about distant planets and monsters, is in reality just as much about Britain and Britishness. Danny Nicol explores how the show, through science fiction allegory and metaphor, constructs national identity in an era in which identities are precarious, ambivalent, transient and elusive. It argues that Doctor Who’s projection of Britishness is not merely descriptive but normative—putting forward a vision of what the British ought to be. The book interrogates the substance of Doctor Who’s Britishness in terms of individualism, entrepreneurship, public service, class, gender, race and sexuality. It analyses the show’s response to the pressures on British identity wrought by devolution and separatist currents in Scotland and Wales, globalisation, foreign policy adventures and the unrelenting rise of the transnational corporation.
The Constitutional Protection of Capitalism
In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and ...
Democratic Dialogue and the Constitution
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.
On Brexit
Timely and engaging, this topical book examines how Brexit is intertwined with the concepts of justice and injustice. Legal scholars across a range of subjects and disciplines utilise a multitude of case studies from consumer law, asylum law, legal theory, public law and private law, in order to explore the impact of Brexit on our ideas of justice. The book as a whole aims to engage with the methodology, lexicon and explicitness of analytical perspectives in relation to Brexit.
Constitutional Review under the UK Human Rights Act
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
Globalists
George Louis Beer Prize Winner Wallace K. Ferguson Prize Finalist A Marginal Revolution Book of the Year “A groundbreaking contribution...Intellectual history at its best.” —Stephen Wertheim, Foreign Affairs Neoliberals hate the state. Or do they? In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level. It was a project that changed the world, but was also undermined time and again by the relentless change and social injustice that ...
Bibliographie Internationale de Science Politique
IBSS is the essential tool for librarians, university departments, research institutions and any public or private institution whose work requires access to up-to-date and comprehensive knowledge of the social sciences.
The Oxford Handbook of European Union Law
Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and inst...
Democracy and the Human Rights Act
This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The book will be a valuable resource for students and academics researching constitutional legal theory, and comparative constitutional law. While the focus in on the UK HRA, broader theoretical issues of constitutional review will have significant international interest.
