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A constructive relationship between the three arms of government - the executive, legislature and judiciary - is essential for the effective functioning of the constitution and the rule of law. In recent years the character of these relationships has changed. The Committee has thus taken the opportunity of their annual examination of the Lord Chief Justice and Lord Chancellor as a starting point of an assessment of the impact of the changes. After an introduction there are three main sections that examine: the executive and the judiciary; parliament and the judiciary; judiciary, media and the public.
This book brings together a group of leading scholars working in public law and constitutional theory. It examines accepted leading works of public law while also exploring those that deserve greater attention. Over 13 chapters, a group of leading public law experts each examine one leading work from the UK public law canon. Each chapter critically reflects on the context of a work in public law, taking into account not just the work and its context but also how it shapes and contributes to the broader discipline. The final chapter offers an international overview of the chapters themselves, reflecting critically on the scholarly canon of UK public law from the perspective of American constitutional scholarship. The book will be of interest to scholars and students of constitutional law.
The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament.Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive br...
Featuring contributions from renowned scholars, A Companion to European Union Law and International Law presents a comprehensive and authoritative collection of essays that addresses all of the most important topics on European Union and international law. Integrates the fields of European Union law and international law, revealing both the similarities and differences Features contributions from renowned scholars in the fields of EU law and international law Covers a broad range of topical issues, including trade, institutional decision-making, the European Court of Justice, democracy, human rights, criminal law, the EMU, and many others
This book offers a unique understanding of what administrative justice means in Wales and for Wales, whilst also providing an expert and timely analysis of comparative developments in law and administration. It includes critical analysis of distinctly Welsh administrative laws and redress measures, whilst examining contemporary administrative justice issues across a range of common and civil law, European and international jurisdictions. Key issues include the roles of commissioners, administrative courts, tribunals and ombudsmen in devolved and federal nations, and evolving relationships between citizens and the state – especially in the context of localisation and austerity – and will be of interest to legal and public administration professionals at home and internationally.
Evaluation als Instrument zur systematischen und transparenten Bewertung von Projekten, Massnahmen, Programmen, Gesetzen und anderen Gegenständen hat in den letzten zwei Dekaden in Kontinentaleuropa stark an Bedeutung gewonnen. Evaluationstätigkeiten werden auf der Angebots- und Nachfrageseite professionalisiert. Die Gründung entsprechender Fachgesellschaften, die Schaffung spezifischer Aus- und Weiterbildungsangebote und die Etablierung fachlicher Standards belegen dies. Dieser Sammelband spiegelt Entwicklungsstand und Leistungsprofil der Evaluation in Deutschland, Österreich und der Schweiz wider. Namhafte, mit der jeweiligen Landessituation vertraute Autorinnen und Autoren leisten Bei...
Contains papers presented at a conference entitled "Roles and perspectives in the law" held in April 2002 at Victoria University of Wellington Law School honouring Sir Ivor Richardson upon his retirement as President of the Court of Appeal. Covers eight distinct and contrasting areas of law, the juxtaposition of which illustrates the underlying principles, tensions, and values that run through the law. Includes sections on taxes and commercial regulation.
The Manitoba Law Journal (MLJ) is a peer-reviewed journal founded in 1961. The MLJ's current mission is to provide lively, independent and high caliber commentary on legal events in Manitoba or events of special interest to our community. The MLJ aims to bring diverse and multidisciplinary perspectives to the issues it studies, drawing on authors from Manitoba, Canada and beyond. Its studies are intended to contribute to understanding and reform not only in our community, but around the world. This issue has articles from a variety of contributing authors including: Justice Gerald Jewers, Stefanie Goldberg, Colin Jackson, Andrew Flavelle Martin, Tom Mitchell, Nick Noonan, Bryan P. Schwartz, and Darcy L. MacPherson.
A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil...