Constitutional and administrative law

書誌事項

Constitutional and administrative law

Stanley de Smith and Rodney Brazier

(Penguin law)

Penguin, c1994

7th ed. / by Rodney Brazier

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

Public law and constitutional practice continue to evolve rapidly. This revised edition incorporates constitutional changes brought about in the law by Parliament and the courts, and notes changes in practice. There is a new section which assesses the debate about constitutional reform, while the European dimension is highlighted by treatment of the Factortame litigation and of the Maastricht Treaty. Mrs Thatcher's overthrow is considered in relation to the personal authority of the Prime Minster. Changes in parliamentary scrutiny of the executive are set out. Recent policies affecting the relationships between central and local government are assessed, and the changing law relating to civil rights is analyzed. The position of the security and intelligence services is also examined. In its analysis of fundamental constitutional principles this account gives insights into government and Parliament, the legal system, the police, civil rights and administrative law.

目次

  • Part 1 General foundations: constitutions - what are constitutions?, what goes into constitutions?, why is there no written British constitution?, aspects of classification
  • the British constitution - characteristics, the rule of law and the separation of powers, sources of British constitutional law, conventions of the constitution, constitutional reform
  • the United Kingdom - the United Kingdom, the Channel Islands and the Isle of Man, devolution
  • ultimate authority in constitutional law - parliamentary sovereignty, foundations of the constitutional order, parliamentary sovereignty surveyed, legal limitations on parliamentary sovereignty, what is an act of parliament?, practical limitations on the legislative power of parliament
  • the United Kingdom and the European community - the community and constitutional law, political background, purposes and institutions, community law. Part 2 The executive: the crown and the royal prerogative - constitutional monarchy, legal rules affecting the monarchy, the royal prerogative
  • the royal prerogative in external affairs - general, treaties and treaty implementation, conclusive crown certificates, acts of state and legal proceedings, acts of state and individual rights
  • the Privy council
  • the prime minister and the cabinet - in general, choice of prime minister, the prime minister's powers, prime ministerial power - some correctives, cabinet committees and ministerial meetings, confidentiality of proceedings and papers
  • ministers, department and civil servants - central government, matters historical and legal, ministerial responsibility, the civil service
  • constitutional position of the armed forces - structure and status, military law and the civil law, superior orders, civilians and courts-martial
  • public boards and the economy - government and quasi-government bodies, the role of government in the mixed economy and the welfare state - a brief sketch, nationalized industries - legal and constitutional issues, privatization. Part 3 Parliament and legislation: parliament - background and framework - some basic rules, the role of parliament, the house of commons - elections and members - the electoral system, members, electoral campaigns, election petitions
  • the house of commons - functions and procedure - parties in the house, business of the house, legislation, legislative procedure, financial procedure, scrutiny of policy and administration
  • the house of lords - composition, functions and work of the house, disagreements between the two houses, judicial duties of the lords, approaches to reform
  • parliamentary privilege - general, privileges of the commons, parliamentary privilege and the courts
  • subordinate legislation - general, delegated legislation - function and fears, statutory instruments, safeguards. Part 4 Justice, police and local government. (Part contents).

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