Devolution, Law Making and the Constitution PDF Download

Author: Robert Hazell
Publisher: Andrews UK Limited
ISBN: 1845408152
Category : Political Science
Languages : en
Pages : 356

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Book Description
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 partnership in the light of the UK's strongly asymmetric devolutionary development, and also explain the unexpected impact of devolution on the courts. Individual chapters focus on various constitutional aspects of law making, examining the interplay of continuity and change in political, legal and administrative practice, and the competing pressures for convergence and divergence between the different parliaments and assemblies. This book is essential reading for academics and students in law and in politics, and for anyone interested in the constitutional and legal aspects of UK devolution, not least the practitioners and policymakers in London, Edinburgh, Cardiff and Belfast.

Author: Mark Elliott
Publisher: Oxford University Press, USA
ISBN: 0199237107
Category : Law
Languages : en
Pages : 902

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Book Description
Public Law is a high quality introductory textbook that comprehensively covers the key topics found on undergraduate public law courses. Three key themes that permeate all of the content allow students to approach the content in a structured and easy to understand way and questions posed throughout the chapters give students the opportunity to provide answers that show how their knowledge has increased as the chapter progresses. The key themes are: -The significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account -The shift in recent times from a more political to a more legal constitution and the implications of this change -The increasingly 'multi-layered' character of the British constitution Online Resource Centre Public Law is accompanied by a free, open-access Online Resource Centre (www.oxfordtextbooks.co.uk/orc/elliott_thomas) which offers the following resources to support students: - Figures from the book reproduced online - A list of useful websites for students - Regularly posted legal and political updates for the book - A testbank of questions for tutors to assess students' progress This book has been highly endorsed by lecturers for level of coverage, accuracy, and the manner in which the three themes provide an excellent backdrop to the book's content. 'I think it will be a very welcome addition to the range of text books available and I suspect that it will become my personal favourite.' - Barbara Mauthe; Lancaster University 'I found the book impressive and likely to be of interest and use to a great many. It is written in a style that is pitched about the right level. It was easy to understand and provides - for me - a good blend of black letter law and socio-political context' - David Mead; University of East Anglia Written by two experienced teachers of the subject, Public Law is an essential new text that focuses on what students need to engage with and understand this challenging subject.

Author: Vernon Bogdanor
Publisher: Bloomsbury Publishing
ISBN: 1847317146
Category : Law
Languages : en
Pages : 358

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Book Description
The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.

Author: Robert Hazell
Publisher: Manchester University Press
ISBN: 9780719073694
Category : Political Science
Languages : en
Pages : 294

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Book Description
This work asks whether England needs to find its own political voice, following devolution to Scotland and Wales. It explains the different formulations of the 'English question', and sets the answers in a historical and constitutional context.

Author: Yash Ghai
Publisher: Cambridge University Press
ISBN: 1107018587
Category : Law
Languages : en
Pages : 517

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Book Description
An examination of how the constitutional frameworks for autonomies around the world really work.

Author: Vernon Bogdanor
Publisher: Oxford Paperbacks
ISBN: 0192801287
Category : Political Science
Languages : en
Pages : 343

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Book Description
This book places the recent developments in devolution in their historical context, examining political and constitutional aspects of devolution in Britain from Gladstone in 1886 through to the latest developments in the year 2000.

Author: Patrick Dunleavy
Publisher: LSE Press
ISBN: 1909890464
Category : Political Science
Languages : en
Pages : 521

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Book Description
The UK’s Changing Democracy presents a uniquely democratic perspective on all aspects of UK politics, at the centre in Westminster and Whitehall, and in all the devolved nations. The 2016 referendum vote to leave the EU marked a turning point in the UK’s political system. In the previous two decades, the country had undergone a series of democratic reforms, during which it seemed to evolve into a more typical European liberal democracy. The establishment of a Supreme Court, adoption of the Human Rights Act, Scottish, Welsh and Northern Irish devolution, proportional electoral systems, executive mayors and the growth in multi-party competition all marked profound changes to the British political tradition. Brexit may now bring some of these developments to a juddering halt. The UK’s previous ‘exceptionalism’ from European patterns looks certain to continue indefinitely. ‘Taking back control’ of regulations, trade, immigration and much more is the biggest change in UK governance for half a century. It has already produced enduring crises for the party system, Parliament and the core executive, with uniquely contested governance over critical issues, and a rapidly changing political landscape. Other recent trends are no less fast-moving, such as the revival of two-party dominance in England, the re-creation of some mass membership parties and the disruptive challenges of social media. In this context, an in-depth assessment of the quality of the UK’s democracy is essential. Each of the 2018 Democratic Audit’s 37 short chapters starts with clear criteria for what democracy requires in that part of the nation’s political life and outlines key recent developments before a SWOT analysis (of strengths, weaknesses, opportunities and threats) crystallises the current situation. A small number of core issues are then explored in more depth. Set against the global rise of debased semi-democracies, the book’s approach returns our focus firmly to the big issues around the quality and sustainability of the UK’s liberal democracy.

Author: Great Britain: Scotland Office
Publisher: The Stationery Office
ISBN: 9780101855426
Category : Political Science
Languages : en
Pages : 114

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Book Description
The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.

Author: András Sajó
Publisher: Eleven International Publishing
ISBN: 9077596046
Category : Civil rights
Languages : en
Pages : 271

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Book Description
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.

Author: Peter Leyland
Publisher: Bloomsbury Publishing
ISBN: 1847318940
Category : Law
Languages : en
Pages : 202

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Book Description
This acclaimed book provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. The second edition of The Constitution of the United Kingdom has been extensively rewritten to take account of recent constitutional developments, particularly changes made following the 2010 general election. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it operates. The main themes include: discussion of the history, sources and conventions of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government, and the European Union dimension. In addition, the book offers an analytical discussion of the development of the constitution, its strengths and perceived weaknesses, and of reforms aimed at its modernisation.