The Constitution of the United Kingdom: A Contextual Analysis

The Constitution of the United Kingdom: A Contextual Analysis

by Peter Leyland

Paperback(Third Edition)

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Product Details

ISBN-13: 9781849469074
Publisher: Hart Publishing
Publication date: 06/23/2016
Series: Constitutional Systems of the World Series
Edition description: Third Edition
Pages: 352
Sales rank: 989,429
Product dimensions: 5.43(w) x 8.50(h) x 0.90(d)

About the Author

Peter Leyland is Professor of Public Law at SOAS, University of London and Emeritus of London Metropolitan University.

Table of Contents

Preface to the Third Edition v

Table of Cases xiii

Table of Legislation xvii

1 UK Constitution: Context and History 1

Part I Constitutional Contexts 1

Introduction 1

What is Liberal Democracy? 2

Freedom of Expression and the Broadcasting and Print Media 4

Phone Hacking, Media Influence and Constitutional Oversight 8

The UK Constitution, Constitutionalism and Good Governance 11

Part II History 14

The Importance of History 14

Qualifying Absolute Monarchy 14

The Emergence of Parliament and the Path to Democracy 17

Defining the Nation: What is the United Kingdom? 19

Empire, Commonwealth and Europe 21

Conclusion 23

Further Reading 23

2 The Sources of the Constitution 25

Introduction 25

Part I Sources of the Constitution 26

Statute Law 26

The Common Law 27

European Union Law 28

European Convention on Human Rights 30

Legal Treatises 31

The Law and Customs of Parliament 32

The Royal Prerogative 32

Part II Constitutional Conventions 32

Defining Conventions 33

The Practical Importance of Constitutional Conventions 37

Conclusion 42

Further Reading 43

3 Constitutional Principles 45

Introduction 45

Parliamentary Sovereignty 47

The Rule of Law 65

Separation of Powers 71

Conclusion: Redefinitions of Power 81

Further Reading 83

4 The Crown and the Constitution 85

Introduction 85

What is the Royal Prerogative? 87

The Constitutional Role of the Monarch 90

Does the Monarch Retain Real Power? 95

What is the 'Crown'? 96

Public Interest Immunity 97

Liability of the Crown in Tort and Contract 98

Evaluation: Reform or Abolition? 99

Conclusion 101

Further Reading 102

5 Parliament 105

Introduction 105

Part I Elections and the House of Commons 108

The Electoral System 108

Alternatives to First Past the Post? 111

Electronic Voting 113

The House of Commons and the Formation of a Government 113

Part II The House of Commons 115

The House of Commons and the Role of MPs 115

The Speaker 117

Government and Opposition 118

Parliamentary Privilege 119

Parliamentary Standards, the Conduct of MPs and the Expenses Scandal 120

Part III The House of Lords 125

Introduction and History 125

Composition of the House of Lords 127

House of Lords: What Next? 129

Part IV Parliament as Legislator 133

Public Bills 134

Private Members' Bills and Private Bills 139

Parliamentary Scrutiny of Delegated Legislation 139

Part V Parliament as Watchdog 140

Parliamentary Questions 140

Departmental Select Committees 141

Public Accounts Committee and the National Audit Office 149

The Parliamentary Ombudsman 152

Conclusion 153

Further Reading 155

6 Government and Executive 157

Introduction 157

The Prime Minister 158

The Prime Minister and the Cabinet 160

The Prime Minister: Policy Formation and Implementation 163

Prime Minister's Press Office and Government 'Spin' 167

Shaping Government Departments 168

Political Accountability and Individual Ministerial Responsibility 171

Ministerial Responsibility: Answerability or Resignation? 172

Codes of Practice and the Scott Report 173

Ministerial Responsibility and the Press 175

The Civil Service 176

New Public Management and Executive Accountability 178

The Constitutional Reform and Governance Act 2010 182

Government Openness and the Freedom of Information Act 2000 183

E-Government Revolution 186

Conclusion 188

Further Reading 189

7 The Constitutional Role of the Courts 191

Part I Surveying the Constitutional Role of the Courts 191

Introduction 191

Common Law and Statutory Interpretation 192

Reforming the Office of Lord Chancellor 196

Appointing and Dismissing Judges 198

A Supreme Court for the United Kingdom 201

Part II Administrative Law and Judicial Review 203

Introduction to Administrative Law 203

Red Light and Green Light Theory 205

The Impact of Judicial Review 211

Distinguishing Public Law from Private Law 213

The Requirements of Standing 214

Grounds of Judicial Review 215

The Question of Merits 218

Judicial Review Cases 219

Part III The Constitutional Protection of Rights and the Human Rights Act 1998 222

Vertical or Horizontal Effect 225

Proportionality Review 226

Replacing the HRA with a British BUI of Rights? 236

Conclusion 240

Further Reading 241

8 Devolution and Local Governance 243

Introduction 243

Part I Devolution 246

Background to Devolution 246

Scottish Devolution 247

Welsh Devolution 255

Power-Sharing in Northern Ireland 258

Funding Devolution 262

Intergovernmental Relations 263

The Politics of Devolved Government 264

Relations with Europe 267

Devolution and the Courts 268

Part II Devolution and England 273

Addressing the West Lothian Question 274

Devolution and Parliamentary Reform 276

Part III Local Government 279

Introduction to Local Government in the United Kingdom 279

From London to Manchester: The Consolidation of Citywide Government? 280

The Framework of Local Government 283

The Financing of Local Government 285

From Compulsory Competitive Tendering to Best Value 287

Local Government, Citizen Participation and the Big Society 288

Accountability Mechanisms 291

The Prospects for Local Government 292

Conclusion 293

Further Reading 294

9 Conclusion: The UK Constitution: Facing the Future 297

UK Membership of the EU 298

The Dynamics of Devolution 300

Constitutional Protection of Citizen Rights 301

The Case for a Codified Constitution? 302

Further Reading 307

Index 309

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