The Politics of Judicial Independence in the UK's Changing Constitution

The Politics of Judicial Independence in the UK's Changing Constitution
Author: Graham Gee
Publisher: Cambridge University Press
Total Pages: 307
Release: 2015-03-12
Genre: Law
ISBN: 1316240533

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.

The Office of Lord Chancellor

The Office of Lord Chancellor
Author: Diana Woodhouse
Publisher: Hart Publishing
Total Pages: 233
Release: 2001-05-21
Genre: Law
ISBN: 1841130214

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

The Separation of Powers in the Contemporary Constitution

The Separation of Powers in the Contemporary Constitution
Author: Roger Masterman
Publisher: Cambridge University Press
Total Pages: 297
Release: 2010-12-02
Genre: Law
ISBN: 1139494295

In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

Constitutional Reform in Britain and France

Constitutional Reform in Britain and France
Author: Elizabeth Gibson-Morgan
Publisher: University of Wales Press
Total Pages: 242
Release: 2017-09-15
Genre: Political Science
ISBN: 1786831236

Any attempt at comparing contemporary change in the UK and France is a bold one, since it means discussing two very different countries with strong distinctive constitutional identities. This book places its emphasis on the shared historical, political and cultural background of the UK and France, before focusing on the sweeping transformation of their constitutional frameworks in the past quarter of a century at a national and regional level – with a particular emphasis on Wales and Scotland – which culminated in the June 2016 referendum on Britain’s EU membership. Instead of examining each country separately, however, as is traditional, this study breaks new ground by explaining the pattern of institutional development in Britain and France from a comparative Franco-British perspective. It explores the complexities of recent constitutional change in both countries in an original and comprehensive way, and gives both British and French readers a deeper understanding of the two countries that have some much in common even though Brexit could drive them apart.

Reinventing Britain

Reinventing Britain
Author: Andrew McDonald
Publisher: Univ of California Press
Total Pages: 272
Release: 2007-10-30
Genre: History
ISBN: 0520098625

"First [originally] published in Great Britain in 2007 by Politico's Publishing ..."--Title page verso.

The New British Constitution

The New British Constitution
Author: Vernon Bogdanor
Publisher: Bloomsbury Publishing
Total Pages: 358
Release: 2009-06-03
Genre: Law
ISBN: 1847317146

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'.

Keeping Faith with the Constitution

Keeping Faith with the Constitution
Author: Goodwin Liu
Publisher: Oxford University Press
Total Pages: 274
Release: 2010-08-05
Genre: Law
ISBN: 0199752834

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

Constitutional Justice

Constitutional Justice
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
Total Pages: 348
Release: 2003
Genre: Law
ISBN: 9780199267880

Scope of Judicial Review

Governing Britain

Governing Britain
Author: Philip Norton
Publisher: Manchester University Press
Total Pages: 212
Release: 2020-09-17
Genre: Political Science
ISBN: 1526145464

Who governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules? The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.