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The Politics Of Judicial Independence In The Uk S Changing Constitution


The Politics Of Judicial Independence In The Uk S Changing Constitution
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The Politics Of Judicial Independence In The Uk S Changing Constitution


The Politics Of Judicial Independence In The Uk S Changing Constitution
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Author : Graham Gee
language : en
Publisher: Cambridge University Press
Release Date : 2015-03-12

The Politics Of Judicial Independence In The Uk S Changing Constitution written by Graham Gee and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-12 with Law categories.


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.



Challenged Justice In Pursuit Of Judicial Independence


Challenged Justice In Pursuit Of Judicial Independence
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Author : Shimon Shetreet
language : en
Publisher: BRILL
Release Date : 2021-08-24

Challenged Justice In Pursuit Of Judicial Independence written by Shimon Shetreet and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-24 with Law categories.


Challenged Justice: In Pursuit of Judicial Independence is an academic continuation of the previous volumes on judicial Independence edited by Shimon Shetreet, with others: Jules Deschenes, Christopher Forsyth, and Wayne McCormack. All books were published by Brill Nijhoff: Judicial Independence: The Contemporary Debate (1985), The Culture of Judicial Independence: Conceptual Foundations and Practical Challenges (2012), The Culture of Judicial Independence: Rule of Law and World Peace (2014) and The Culture of Judicial Independence in a Globalised World (2016). This book offers academic articles by distinguished jurists on judicial independence and judicial process in many jurisdictions including indicators of justice and analysis of international Standards on judicial independence and judicial ethics.



The Rule Of Law And A Change In The Constitution


The Rule Of Law And A Change In The Constitution
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Author : Sir Harry Woolf
language : en
Publisher:
Release Date : 2004

The Rule Of Law And A Change In The Constitution written by Sir Harry Woolf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Constitutional law categories.




The British Constitution A Very Short Introduction


The British Constitution A Very Short Introduction
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Author : Martin Loughlin
language : en
Publisher: OUP Oxford
Release Date : 2013-04-25

The British Constitution A Very Short Introduction written by Martin Loughlin and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-25 with Political Science categories.


The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.



The New British Constitution


The New British Constitution
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Author : Vernon Bogdanor
language : en
Publisher: Hart Publishing
Release Date : 2009-06-08

The New British Constitution written by Vernon Bogdanor and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-08 with Law categories.


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'.



The Office Of Lord Chancellor


The Office Of Lord Chancellor
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Author : Diana Woodhouse
language : en
Publisher: Hart Publishing
Release Date : 2001-05-21

The Office Of Lord Chancellor written by Diana Woodhouse and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-05-21 with Law categories.


This book analyses the development and current position of the Lord Chancellor in his various roles.



Judicial Reputation


Judicial Reputation
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Author : Nuno Garoupa
language : en
Publisher: University of Chicago Press
Release Date : 2015-11-20

Judicial Reputation written by Nuno Garoupa and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-20 with Law categories.


Judges are society’s elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg explain how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Judicial Reputation explores how judges respond to the reputational incentives provided by the different audiences they interact with—lawyers, politicians, the media, and the public itself—and how institutional structures mediate these interactions. The judicial structure is best understood not through the lens of legal culture or tradition, but through the economics of information and reputation. Transcending those conventional lenses, Garoupa and Ginsburg employ their long-standing research on the latter to examine the fascinating effects that governmental interactions, multicourt systems, extrajudicial work, and the international rule-of-law movement have had on the reputations of judges in this era.



The New Labour Constitution


The New Labour Constitution
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Author : Michael Gordon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-02-10

The New Labour Constitution written by Michael Gordon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-02-10 with Law categories.


The New Labour government first elected in 1997 had a defining influence on the development of the modern UK constitution. This book combines legal and political perspectives to provide a unique assessment of the way in which this major programme of constitutional reform has changed the nature of the UK constitution. The chapters, written by leading experts in UK public law and politics, analyse the impact and legacy of the New Labour reform programme some 20 years on from the 1997 general election, and reveal the ways in which the UK constitution is now, to a significant extent, the 'New Labour constitution'. The book takes a broad approach to exploring the legacy of the New Labour years for the UK constitution. The contributors evaluate a range of specific substantive reforms (including on human rights, devolution, freedom of information, and the judicial system), changes to the process and method of constitutional reform under New Labour, the impact on key institutions (such as the judiciary and Parliament), and a number of wider constitutional themes (including national security, administrative justice, and the relationship between the Labour Party and constitutionalism). The book also reflects on the future challenges for the constitution constructed by New Labour, and the prospects for further constitutional reform. In bringing together this range of perspectives to reflect on the implications of the New Labour era of reform, this book offers a critical examination of a foundational period in the development of the contemporary UK constitution.



The United Kingdom Constitution


The United Kingdom Constitution
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Author : N. W. Barber
language : en
Publisher: Oxford University Press
Release Date : 2021-09-30

The United Kingdom Constitution written by N. W. Barber and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-09-30 with Law categories.


This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.



The British Constitution Resettled


The British Constitution Resettled
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Author : Jim McConalogue
language : en
Publisher: Springer
Release Date : 2019-07-17

The British Constitution Resettled written by Jim McConalogue and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-17 with Political Science categories.


Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.