Decisions Of The Supreme Courts Of England And Scotland
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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'.
Author | : |
Publisher | : |
Total Pages | : 524 |
Release | : 1836 |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : John Herbert McCluskey Baron McCluskey |
Publisher | : Butterworth-Heinemann |
Total Pages | : 299 |
Release | : 2000 |
Genre | : Appellate procedure |
ISBN | : 9780406982568 |
This work is a treatment of the law relating to criminal appeals in Scotland. The text takes full account of the important procedural changes brought about by the Criminal Procedure (Scotland) Act 1995, the Proceeds of Crime Act 1995 and the Crime and Punishment (Scotland) Act 1997. It details the impact of the Human Rights Act and the Scotland Act on appeals as well as dealing with statutory provisions relating to insanity. The Scottish Criminal Cases Review Commission receive full coverage.
Author | : Patrick Shaw |
Publisher | : |
Total Pages | : 944 |
Release | : 1843 |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : Patrick Shaw |
Publisher | : |
Total Pages | : 902 |
Release | : 1844 |
Genre | : Law reports, digests, etc |
ISBN | : |
Author | : Jill Norgren |
Publisher | : University of Oklahoma Press |
Total Pages | : 224 |
Release | : 2004 |
Genre | : Law |
ISBN | : 9780806136066 |
This compact history is the first to explore two landmark U.S. Supreme Court cases of the early 1830s: Cherokee Nation v. Georgia and Worcester v. Georgia. Legal historian Jill Norgren details the extraordinary story behind these cases, describing how John Ross and other leaders of the Cherokee Nation, having internalized the principles of American law, tested their sovereignty rights before Chief Justice John Marshall in the highest court of the land. The Cherokees’ goal was to solidify these rights and to challenge the aggressive actions that the government and people of Georgia carried out against them under the aegis of law. Written in a style accessible both to students and to general readers, The Cherokee Cases is an ideal guide to understanding the political development of the Cherokee Nation in the early nineteenth century and the tragic outcome of these cases so critical to the establishment of U.S. federal Indian law.
Author | : Patrick Shaw |
Publisher | : |
Total Pages | : 778 |
Release | : 1868 |
Genre | : |
ISBN | : |
Author | : Stephen Thomson |
Publisher | : Zebra Press |
Total Pages | : 282 |
Release | : 2015 |
Genre | : |
ISBN | : 9781904968337 |
Author | : Louis Blom-Cooper QC |
Publisher | : OUP Oxford |
Total Pages | : 907 |
Release | : 2009-08-13 |
Genre | : Law |
ISBN | : 0191018880 |
The House of Lords served as the highest court in the UK for over 130 years. In 2009 the new UK Supreme Court took over its judicial functions, closing the doors on one of the most influential legal institutions in the world, and a major chapter in the history of the UK legal system. This volume gathers over 40 leading scholars and practitioners from the UK and beyond to provide a comprehensive history of the House of Lords as a judicial institution, charting its role, working practices, reputation and impact on the law and UK legal system. The book examines the origins of the House's judicial work; the different phases in the court's history; the international reputation and influence of the House in the legal profession; the domestic perception of the House outside the law; and the impact of the House on the UK legal tradition and substantive law. The book offers an invaluable overview of the Judicial House of Lords and a major historical record for the UK legal system now that it has passed into the next chapter in its history.
Author | : Patrick Shaw |
Publisher | : |
Total Pages | : 804 |
Release | : 1868 |
Genre | : Law reports, digests, etc |
ISBN | : |