The Constitution of the United Kingdom: A Contextual Analysis

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. Preface to the Fourth Edition Acknowledgements Contents Table of Cases Table of Legislation Other Materials 1. UK Constitution Context and History Introduction Constitutional Contexts Constitutional History 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 The Rule of Law and Separation of Powers 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 Parliament: Composition and Procedure The House of Lords Parliament as Legislator Parliament as Watchdog Conclusion Further Reading 6. Government and Executive Introduction The Prime Minister and the Government Ministers and Civil Service Conclusion Further Reading 7. The Constitutional Role of the Courts Introduction The Role of the Courts Administrative Law and Judicial Review The Constitutional Protection of Rights and the Human 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 Index