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The rule of law is a fundamental tenet of the United Kingdom constitution. In the context of the Government, it means more than simple compliance with the letter of the law: it means governing in accordance with constitutional principles. The Lord Chancellor has traditionally had a key role to play, both by defending the independence of the judiciary and by ensuring that the rule of law is respected within Government. The Constitutional Reform Act 2005 substantially changed the office of Lord Chancellor. The Lord Chancellor is no longer the head of the judiciary or speaker of the House of Lords, and since 2007 the office has been combined with that of the Secretary of State for Justice. Yet ...
This collection engages with the issue of diversity among the judiciary. Each contributor reflects on a current debate about judicial appointments and analysing ways in which that debate is likely to develop over the next ten years.
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.
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice. The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles into concise, focused prose, and they encourage reflection through regular questions and hypothetical examples. This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the t...
Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.
Lively and engaging coverage that gives students the confidence to analyse, evaluate, and critique the law.An engaging guide to the English legal system which helps students new to law develop a critical legal mind. Presenting and critiquing the law in a lively style, this text invites students to question, analyse, and evaluate. New to this edition· Revisions on sections dealing with devolution, cautions, and the new training requirements for solicitors and barristers· A new section on plea and improper pressure to plead guilty· Examination of how the courts and legal processes adapted to the COVID pandemic· Discussion of the effect of the proposed Bill of Rights, and also a step towards withdrawal from the European Convention on Human RightsDigital formats and resourcesThe ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
Awarded the 2013 Birks Book Prize by the Society of Legal Scholars, Women, Judging and the Judiciary expertly examines debates about gender representation in the judiciary and the importance of judicial diversity. It offers a fresh look at the role of the (woman) judge and the process of judging and provides a new analysis of the assumptions which underpin and constrain debates about why we might want a more diverse judiciary, and how we might get one. Through a theoretical engagement with the concepts of diversity and difference in adjudication, Women, Judging and the Judiciary contends that prevailing images of the judge are enmeshed in notions of sameness and uniformity: images which are ...
Law making is a primary function of government, and how well the three devolved UK legislatures exercise this function will be a crucial test of the whole devolution project. This book provides the first systematic study and authoritative data to start that assessment. It represents the fruits of a four-year collaboration between top constitutional lawyers from Scotland, Wales and Northern Ireland and leading researchers in UCL's Constitution Unit. The book opens with detailed studies of law making in the period 1999–2004 in the Scottish Parliament and the Assemblies in Wales and Northern Ireland, and how they interact with Westminster. Later contributions look at aspects of legislative pa...