The constitution of the United Kingdom : a contextual analysis

Author(s)

• Leyland, Peter, lecturer in law

Bibliographic Information

The constitution of the United Kingdom : a contextual analysis

Peter Leyland

（Constitutional systems of the world / co-edited by Peter Leyland and Andrew Harding）

Hart, 2021

4th ed

• : pb

Note

"Fully revised and updated post-Brexit 4th edition"--Cover

Includes bibliographical references and index

Description and Table of Contents

Description

Praise for the previous editions “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists … [students] will certainly find it worth their while’ Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK’s historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Table of Contents

1. UK Constitution: Context and History Introduction Constitutional Contexts What is Liberal Democracy? The UK Constitution, Constitutionalism, and Good Governance Democracy, Accountability, and the Digital World Constitutional History Qualifying Absolute Monarchy The Emergence of Parliament and the Path to Democracy Defining the Nation: What is the United Kingdom? Empire to Commonwealth The European Union and Brexit Constitutional Consequences Conclusion Further Reading 2. Sources of the Constitution Introduction Statute Law The Common Law European Union Law European Convention on Human Rights Legal Treatises The Law and Customs of Parliament The Royal Prerogative Conventions as a Constitutional Source Defining Conventions The Practical Importance of Constitutional Conventions Conclusion Further Reading 3. Constitutional Principles Introduction Parliamentary Sovereignty Defining Legal Sovereignty Express Repeal, Implied Repeal, and Constitutional Statutes Sovereignty, EU Law, and Brexit 2 The Human Rights Act 1998 and Sovereignty The Jackson Case: A Revised Interpretation of Sovereignty? Political Sovereignty: Elections, Referendums, and Brexit The Rule of Law and Separation of Powers Defining Rule of Law The Response to Dicey Separation of Powers Fusion of Powers Parliament, the Lord Chancellor, and the UK Supreme Court Separation of Powers and Judicial Independence A Redefinition of Power? Conclusion Further Reading 4. Constitutional Monarchy Introduction What is the Royal Prerogative? The Constitutional Role of the Monarchy Does the Monarch Retain Real Power? What is the ‘Crown’? Liability of the Crown in Tort and Contract Evaluation: Preservation, Reform, or Abolition? Conclusion Further Reading 5. Parliament Introduction General Elections First Past the Post Alternatives to First Past the Post Social Media and Electronic Voting The Formation of the Government Parliament: Composition and Procedure The Speaker and the Role of Backbench MPs Government and Opposition Parliamentary Privilege Parliamentary Standards and the Conduct of MPs The House of Lords Composition of the House of Lords House of Lords: Further Reform? Parliament as Legislator Public Bills Private Members’ Bills and Private Bills English Votes for English Laws (EVEL) Parliament as Watchdog Parliamentary Questions Departmental Select Committees Wright Reforms: Standing Up to the Executive Public Accounts Committee and National Audit Office Parliamentary Scrutiny of Delegated Legislation and the Impact of Brexit E-Petitions and Popular Democracy The Parliamentary Ombudsman Conclusion Further Reading 6. Government and Executive Introduction The Prime Minister and the Government The Role of Prime Minister The Prime Ministerial Power and Fixed Term Parliaments The Prime Minister and Collective Cabinet Responsibility The Prime Minister: Appointments and Dismissals 10 Downing Street and Policy Formation Prime Minister’s Press Office, SPADS, and Government Spin Shaping Government Departments Ministers and Civil Service Individual Ministerial Responsibility Government Accountability and the Scott Report The Role of the Civil Service New Public Management, Contract State, and Executive Accountability Civil Service Management and the Recognition of Codes of Practice Government Openness and the Freedom of Information Act 2000 E-Government Revolution Conclusion Further Reading 7. The Constitutional Role of the Courts Introduction The Role of the Courts A Supreme Court for the United Kingdom Common Law and Statutory Interpretation The Evolution of the Office of Lord Chancellor Appointing and Dismissing Judges Administrative Law and Judicial Review Red Light and Green Light Theory Tribunals and the ‘Green Light’ View The Impact of Judicial Review Distinguishing Public Law from Private Law The Requirements of Standing Grounds of Judicial Review The Question of Merits The Constitutional Protection of Rights and the Human Rights Act 1998 Vertical or Horizontal Effect Proportionality Review Significant Cases under the Human Rights Act 1998 Reforming the Human Rights Act or replacing it with a British Bill of Rights? Conclusion Further Reading 8. Devolution Introduction Historical Backdrop Institutional Features: Scotland and Wales A New Form of Devolution for Northern Ireland Intergovernmental Relations: Concordats Legal Sovereignty and the Sewel Convention Devolution and the Courts The Scottish Referendum and the Consolidation of Devolution Finance and Tax-raising Devolution and Brexit Devolution and England The West Lothian Question and Constitutional Reform Conclusion Further Reading 9. Local Government Introduction Mayors, Cities, Regions The Wider Structure of Local Government The Financing of Local Government From Compulsory Competitive Tendering to Best Value Citizen Participation and the Big Society The Accountability of Local Government Conclusion Further Reading 10. The UK Constitution: The Way Ahead? Introduction Parliament and Civil Service: Challenges to Core Institutions The Integrity of the UK as a Nation State Is there a Case for the Introduction of a Codified Constitution? Conclusion Further Reading

by "Nielsen BookData"

Details

• NCID: BC06231274
• ISBN:
  • 9781509945542
• LCCN: 2021011686
• Country Code: uk
• Title Language Code: eng
• Text Language Code: eng
• Place of Publication: Oxford, U.K.
• Pages/Volumes: xxxii, 295 p.
• Size: 22 cm
• Classification:
  • LCC : KD3989
  • DC23 : 342.41
• Subject Headings:
  • LCSH : Constitutional law -- Great Britain
• Parent Bibliography ID:
  • BA8179129X