What S Wrong With The British Constitution
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What S Wrong With The British Constitution
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Author : Iain McLean
language : en
Publisher: OUP Oxford
Release Date : 2009-11-12
What S Wrong With The British Constitution written by Iain McLean and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11-12 with Political Science categories.
In this provocative new study, Iain McLean argues that the traditional story of the British constitution does not make sense. It purports to be both positive and normative: that is, to describe both how people actually behave and how they ought to behave. In fact, it fails to do either; it is not a correct description and it has no persuasive force. The book goes on to offer a reasoned alternative. The position that still dominates the field of constitutional law is that of parliamentary sovereignty (or supremacy). According to this view, the supreme lawgiver in the United Kingdom is Parliament. Some writers in this tradition go on to insist that Parliament in turn derives its authority from the people, because the people elect Parliament. An obvious problem with this view is that Parliament, to a lawyer, comprises three houses: monarch, Lords, and Commons. The people elect only one of those three houses. This book aims to show, contrary to the prevailing view, that the UK exists by virtue of a constitutional contract between two previously independent states. Professor McLean argues that the work of the influential constitutional theorist A.V. Dicey has little to offer those who really want to understand the nature of the constitution. Instead, greater understanding can be gleaned from considering the 'veto plays' and 'credible threats' available to politicians since 1707. He suggests that the idea that the people are sovereign dates back to the 17th century (maybe the 14th in Scotland), but has gone underground in English constitutional writing. He goes on to show that devolution and the UK's relationship with the rest of Europe have taken the UK along a constitutionalist road since 1972, and perhaps since 1920. He concludes that no intellectually defensible case can be made for retaining an unelected house of Parliament, an unelected head of state, or an established church. The book will be essential reading for political scientists, constitutional lawyers, historians, and politicians alike.
What S Wrong With The British Constitution
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Author : Iain McLean
language : en
Publisher:
Release Date : 2009
What S Wrong With The British Constitution written by Iain McLean and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Constitutional history categories.
This is a bravura critique of the traditional interpretation of the British constitution. The book demolishes many of the myths surrounding it, but also goes on to suggest a constructive alternative.
What S Wrong With The British Constitution
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Author : Iain McLean
language : en
Publisher: Oxford University Press
Release Date : 2010
What S Wrong With The British Constitution written by Iain McLean 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 2010 with History categories.
A bravura critique of the traditional interpretation of the British constitution. The book demolishes many of the myths surrounding it, but also goes on to suggest a constructive alternative.
The British Constitution
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Author : Ivor Jennings
language : en
Publisher: Cambridge University Press
Release Date : 1967-01-02
The British Constitution written by Ivor Jennings 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 1967-01-02 with Political Science categories.
The British Constitution is accepted, in England at least, as the symbol for soundness and reliability: and yet its unwritten mysteries and its practical resilience are the despair of theorists. It is as unexpected as a person, and seems to be defined only by the fact that it lives and works. This 1966 book, then, might be described as a biography by one who has a first-hand knowledge of his subject. It offers ordinary British citizens a reasonable and detached introduction to the system in which they play so large a part; at the same time it provides, for friends and critics overseas, a simple and reliable account of its growth and functioning.
The British Constitution And The Corruption Of Parliament
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Author : Ben Greene
language : en
Publisher: Lulu.com
Release Date : 2015
The British Constitution And The Corruption Of Parliament written by Ben Greene and has been published by Lulu.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Constitutional law categories.
A maverick by nature and a colossus in stature, Ben Greene was a gentle giant who stood six feet eight inches tall and was part of the illustrious Greene clan that included the novelist Graham Greene, Hugh Greene, Director-General of the BBC 1960-1969, and Raymond Greene, Everest mountaineer and doctor. With an abiding interest in constitutional matters and a smouldering resentment following his questionable internment by the British government under the draconian 18b internment regulations during World War 2, he worked diligently on the subject for the rest of his life, but unfortunately died before the book he was planning was finished. This booklet comprising five essays by Greene, which first appeared in Candour between 1956 and 1977, with two of them re-published under the title 'The Party System and the Corruption of Parliament' in magazine format in 1989, is now made available once again.
The New British Constitution
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Author : Vernon Bogdanor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-06-03
The New British Constitution written by Vernon Bogdanor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-06-03 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 British Constitution
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Author : Anthony King
language : en
Publisher: OUP Oxford
Release Date : 2007-11-01
The British Constitution written by Anthony King and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-01 with Political Science categories.
In the latter part of the nineteenth century Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. Anthony King argues that the same is true at the beginning of this century. Most people are aware that major constitutional changes have taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we can make the best of. The British Constitution is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour-by someone who is a journalist and political commentator as well as a distinguished academic. The author maintains that, while the new British constitution is a mess, there is no going back now. 'As always', he says, 'nostalgia is a good companion but a bad guide.' Far from shying away from the thorniest issues facing the British polity today, the author grapples with them head on. He offers a trenchant analysis of the increasingly divergent relationship between England, Scotland and Wales in the light of devolution and a devastating critique of an all-elected House of Lords, whose benches, the author fears, risk being adorned by 'a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-were's and never-could-possibly-be's'. The book is a Bagehot for the twenty-first century - the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future.
The British Constitution A Very Short Introduction
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Author : Martin Loughlin
language : en
Publisher: Oxford University Press
Release Date : 2013-04-25
The British Constitution A Very Short Introduction written by Martin Loughlin 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 2013-04-25 with Law categories.
The British constitution has grown organically in response to changes in its economic, political, and social environment, and is not contained in a single authoritative text. In this Very Short Introduction, Martin Loughlin examines the nature and authority of the constitution, and its challenging prospects for the future.
The British Constitution A Very Short Introduction
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Author : Martin Loughlin
language : en
Publisher: Oxford University Press
Release Date : 2023-09-26
The British Constitution A Very Short Introduction written by Martin Loughlin 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 2023-09-26 with Law categories.
Very Short Introductions: Brilliant, Sharp, Inspiring 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. In this new edition of the Very Short Introduction, Loughlin includes a disucssion of the impact of developments over the decade since its first publication, examining Brexit, the Scottish independence referendum of 2014, and the settlement in Northern Ireland. 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 Foundations Of Public Law
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Author : Keith Syrett
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-08-29
The Foundations Of Public Law written by Keith Syrett and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-29 with Law categories.
This textbook provides a thorough and accessible introduction to the basic principles of United Kingdom Public Law; including Human Rights law. By taking the reader through the key constitutional structures – from what it means to study Public Law and the inherent challenges and tensions therein, to the more specific structures like the judiciary and executive. This book is therefore an essential starting point for more advanced law students and a valuable source of legal context for political science students alike. Both authoritative and accessible, it enables the reader to appreciate the complexity and beauty of this most fundamental part of our legal system. New to this Edition: - Thoroughly revised to take in the latest developments in this field of law.