"This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to…mehr
"This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position"--
Richard Johnson is Senior Lecturer at the School of Politics and International Relations, Queen Mary University of London, UK. Yuan Yi Zhu is Assistant Professor of International Relations and International Law at Leiden University, the Netherlands.
Inhaltsangabe
Introduction - The Case for the Political Constitution Richard Johnson (Queen Mary University of London UK) and Yuan Yi Zhu (University of Oxford UK) Part I : The Political Constitution and the Law 1. A (Brief) Case Against Constitutional Supremacy Brian Christopher Jones (University of Sheffield UK) 2. Judicial Encroachment on the Political Constitution? Carol Harlow KC (LSE UK) 3. Legislative Freedom and Its Consequences Richard Ekins (University of Oxford UK) 4. A Great Forgetting: Common Law Natural Law and the Human Rights Act Michael Foran (University of Glasgow UK) 5. Law and Politics: The Nightmare and the Noble Dream Rt Hon Sir Robert Buckland KC MP (Lord High Chancellor of Great Britain 2019-21) Part II: Westminster and Whitehall 6. The Fixed-term Parliaments Act 2011: Out Out Brief Candle Robert Craig (University of Bristol UK) 7. Reform of the House of Commons: A Sceptical View on Progress Tony McNulty (Queen Mary University of London UK) 8. The House of Lords: A Sceptical View of Big Bang Reform Philip Norton Lord Norton of Louth (Hull UK) 9. Accountability and Electoral Reform Jasper Miles (Queen Mary University of London UK) 10. Delegated Legislation in an Unprincipled Constitution Hayley Hooper (University of Oxford UK) 11. A Defence of the Dual Legal-Political Nature of the Attorney General for England and Wales Conor Casey (University of Liverpool UK) 12. The Public Appointments System John Bowers KC (University of Oxford UK) 13. Standards and the British Constitution Gillian Peele (University of Oxford UK) Part III: Beyond Westminster and Whitehall 14. Devolving and Not Forgetting Vernon Bogdanor (King's College London UK) 15. Scottish Secession and the Political Constitution of the UK Peter Reid and Asanga Welikala (both of University of Edinburgh UK) 16. Northern Ireland's Constitutional Position in the UK Kate Hoey Baroness Hoey of Lylehill and Rathlin (Chair of the Northern Ireland Select Committee 2019) 17. The European Union and the British Constitution Joanna George (University of Cambridge UK) & Rt Hon Gisela Stuart Baroness Stuart of Edgbaston (Chair of Vote Leave) 18. Against (Many Kinds of) Representation Richard Tuck (University of Harvard USA)
Introduction - The Case for the Political Constitution Richard Johnson (Queen Mary University of London UK) and Yuan Yi Zhu (University of Oxford UK) Part I : The Political Constitution and the Law 1. A (Brief) Case Against Constitutional Supremacy Brian Christopher Jones (University of Sheffield UK) 2. Judicial Encroachment on the Political Constitution? Carol Harlow KC (LSE UK) 3. Legislative Freedom and Its Consequences Richard Ekins (University of Oxford UK) 4. A Great Forgetting: Common Law Natural Law and the Human Rights Act Michael Foran (University of Glasgow UK) 5. Law and Politics: The Nightmare and the Noble Dream Rt Hon Sir Robert Buckland KC MP (Lord High Chancellor of Great Britain 2019-21) Part II: Westminster and Whitehall 6. The Fixed-term Parliaments Act 2011: Out Out Brief Candle Robert Craig (University of Bristol UK) 7. Reform of the House of Commons: A Sceptical View on Progress Tony McNulty (Queen Mary University of London UK) 8. The House of Lords: A Sceptical View of Big Bang Reform Philip Norton Lord Norton of Louth (Hull UK) 9. Accountability and Electoral Reform Jasper Miles (Queen Mary University of London UK) 10. Delegated Legislation in an Unprincipled Constitution Hayley Hooper (University of Oxford UK) 11. A Defence of the Dual Legal-Political Nature of the Attorney General for England and Wales Conor Casey (University of Liverpool UK) 12. The Public Appointments System John Bowers KC (University of Oxford UK) 13. Standards and the British Constitution Gillian Peele (University of Oxford UK) Part III: Beyond Westminster and Whitehall 14. Devolving and Not Forgetting Vernon Bogdanor (King's College London UK) 15. Scottish Secession and the Political Constitution of the UK Peter Reid and Asanga Welikala (both of University of Edinburgh UK) 16. Northern Ireland's Constitutional Position in the UK Kate Hoey Baroness Hoey of Lylehill and Rathlin (Chair of the Northern Ireland Select Committee 2019) 17. The European Union and the British Constitution Joanna George (University of Cambridge UK) & Rt Hon Gisela Stuart Baroness Stuart of Edgbaston (Chair of Vote Leave) 18. Against (Many Kinds of) Representation Richard Tuck (University of Harvard USA)
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