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Public Law in a Troubled Era
Public law, which examines relations between governments and institutions and individuals, has, in recent years, become deeply disturbed by an erosion of the rule of law, notably in some of the world's most professedly democratic nations. In this book of edited essays, many of the world's leading public lawyers draw on examples from the United Kingdom, European States, and the European Union (EU) to explore the alarming tensions unleashed as Europe is rocked by Brexit, the war between nations on the EU border, and the worldwide phenomenon of populist resistance to globalised forces and liberal democratic aspirations. The book is dedicated to Professor Patrick Birkinshaw, who until his retire...
Freedom of Information
Examining the relationship between law, political culture and information control, this work combines a technical knowledge of English law, a detailed account of the history of political secrecy in Britain and an informed acquaintance with the shady detail of political and administrative practice. This new edition examines the effect of the Data Protection Act 1998, the Public Disclosures Act 1998, EU legislative developments on access to information and the Human Rights Act 1998, as well as the legislative and administrative changes introduced by the Labour Government.
Government and Information
Government and Information: The Law relating to Access, Disclosure and their Regulation is a 'must-have' for everyone dealing with public authority information. The fourth edition of this well-respected work offers comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. Completely updated to include: Detailed examination of the case law that has occurred post the last edition (Information Commissioner, Information Tribunal and courts) under the Freedom of Information Act, Environmental Information Regulations, Data Protection Act and Privacy and Electronic Communications Regulations); Coverage of secrecy, access to ...
Reforming the Secret State
In 1989 the British Government introduced two reforming statutes. The first placed MI5 on a statutory basis to legitimize its invasion of privacy. The second repealed the notorious Section 2 of the Official Secrets Act 1911. Birkinshaw argues the reforms are far from liberalizing.
European Public Law
European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.
A Handbook of Dispute Resolution
A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the...
Political Power and Democratic Control in Britain
Democratic Institutions and Practices is the second study carried out under the Democratic Audit of the UK. This volume explores the formal institutions and processes of the liberal democratic state: including the executive, elections, parliament and the civil service.
Leaks, Whistleblowing and the Public Interest
This book is the first of its kind to provide an in-depth treatment of the law of unauthorised disclosures in the United Kingdom. Drawing upon extensive data obtained using freedom of information as a methodology and examples from comparative jurisdictions, the book considers the position of civil servants, employees of the security and intelligence services and service personnel in the armed forces. It considers the protections available, the consequences of leaking and a full assessment of the authorised alternatives.
National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these ri...
Law in a New Key
A book for thoughtful readers--and not particularly lawyers or scholars of law and society--who are engaged in the issues of the day and want something other than "easy" answers from the right and left. Most issues of law and social policy can be understood better through a lens that balances rights and interests--and protects all of us while protecting each of us--says renowned communitarian sociologist Amitai Etzioni in his latest of 30 books. In Law in a New Key, Etzioni addresses hot-bed issues of terrorism, drone warfare, airport security and scanners, government surveillance, norms of social disapproval and forgiveness, human rights, and respect for ethnic cultural differences. He shar...
