The Politics Of Judicial Independence In The Uks Changing Constitution PDF Download
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Author | : Graham Gee |
Publisher | : Cambridge University Press |
Total Pages | : 307 |
Release | : 2015-03-12 |
Genre | : Law |
ISBN | : 1316240533 |
Download The Politics of Judicial Independence in the UK's Changing Constitution Book in PDF, ePub and Kindle
Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.
Author | : Melissa Crouch |
Publisher | : Cambridge University Press |
Total Pages | : 449 |
Release | : 2019-09-19 |
Genre | : Law |
ISBN | : 1108493467 |
Download The Politics of Court Reform Book in PDF, ePub and Kindle
Offers an analysis of the politics of court reform through a focused review of Indonesia's complex court system.
Author | : Jeffrey Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 481 |
Release | : 2019-07-24 |
Genre | : Law |
ISBN | : 0198806361 |
Download The Changing Constitution Book in PDF, ePub and Kindle
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The ninth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. It clarifies the scope of the powers exercised by central, devolved and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems.
Author | : Vernon Bogdanor |
Publisher | : Bloomsbury Publishing |
Total Pages | : 368 |
Release | : 2009-06-03 |
Genre | : Law |
ISBN | : 1847317146 |
Download The New British Constitution Book in PDF, ePub and Kindle
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 | : Jeffrey L. Jowell |
Publisher | : Oxford University Press, USA |
Total Pages | : 496 |
Release | : 1989 |
Genre | : History |
ISBN | : |
Download The Changing Constitution Book in PDF, ePub and Kindle
Previous edition, 1st, published in 1985.
Author | : Roger Masterman |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2010-12-02 |
Genre | : Law |
ISBN | : 1139494295 |
Download The Separation of Powers in the Contemporary Constitution Book in PDF, ePub and Kindle
In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Author | : Andrew McDonald |
Publisher | : Univ of California Press |
Total Pages | : 272 |
Release | : 2007-10-30 |
Genre | : History |
ISBN | : 0520916182 |
Download Reinventing Britain Book in PDF, ePub and Kindle
Contrary to popular myth, Britain does have a constitution, one that is uncodified and commanded little political interest for most of the twentieth century. In the late 1990s, Tony Blair's New Labour Government launched a program of reform that was striking in its ambition. Reinventing Britain tells the story of Britain's constitutional reform and weighs its long-term significance, with essays both by officials who worked on the reforms and by other leading commentators and academics from Britain and North America. Contributors: Mark Bevir, Jack Citrin, Joseph Fletcher, Robert Hazell, Ailsa Henderson, Kate Malleson, Craig Parsons, Kenneth MacKenzie, Peter Riddell
Author | : Diana Woodhouse |
Publisher | : Hart Publishing |
Total Pages | : 233 |
Release | : 2001-05-21 |
Genre | : Law |
ISBN | : 1841130214 |
Download The Office of Lord Chancellor Book in PDF, ePub and Kindle
This book analyses the development and current position of the Lord Chancellor in his various roles.
Author | : Robert Stevens |
Publisher | : Hart Publishing |
Total Pages | : 233 |
Release | : 2005-04-15 |
Genre | : Law |
ISBN | : 1841134953 |
Download The English Judges Book in PDF, ePub and Kindle
This book looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century.
Author | : Martin Belov |
Publisher | : Routledge |
Total Pages | : 201 |
Release | : 2019-10-16 |
Genre | : Law |
ISBN | : 1000707970 |
Download Courts, Politics and Constitutional Law Book in PDF, ePub and Kindle
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.