The Constitutional Balance

The Constitutional Balance
Author: John Laws
Publisher: Bloomsbury Publishing
Total Pages: 169
Release: 2021-01-28
Genre: Law
ISBN: 1509935460

In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.

Parliamentary Sovereignty and the Human Rights Act

Parliamentary Sovereignty and the Human Rights Act
Author: Alison L Young
Publisher: Bloomsbury Publishing
Total Pages: 196
Release: 2008-12-05
Genre: Law
ISBN: 1847314732

The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.

The Poor Had No Lawyers

The Poor Had No Lawyers
Author: Andy Wightman
Publisher: Birlinn
Total Pages: 361
Release: 2013-04-18
Genre: History
ISBN: 0857900765

New and Updated Edition Who owns Scotland? How did they get it? What happened to all the common land in Scotland? Has the Scottish Parliament made any difference? Can we get our common good land back? In this book, Andy Wightman updates the statistics of landownership in Scotland and explores how and why landowners got their hands on the millions of acres of land that were once held in common. He tells the untold story of how Scotland's legal establishment and politicians managed to appropriate land through legal fixes. Have attempts to redistribute this power more equitably made any difference, and what are the full implications of the recent debt-fuelled housing bubble, the Smith Commission and the new Scottish Government's proposals on land reform? For all those with an interest in urban and rural land in Scotland, this updated edition of The Poor Had No Lawyers provides a fascinating analysis of one the most important political questions in Scotland.

UK Company Law

UK Company Law
Author: Nicholas Grier
Publisher:
Total Pages: 0
Release: 2022-03
Genre:
ISBN: 9780748693702

This work offers a guide for students, lawyers and accountants who need to understand the modern principles and realities of company law without the clutter of legal jargon.

The Edinburgh Companion to Scots

The Edinburgh Companion to Scots
Author: John Corbett
Publisher:
Total Pages: 324
Release: 2003
Genre: Foreign Language Study
ISBN:

This is a comprehensive introduction to the study of older and present-day Scots language.

The Law of Delict in Scotland

The Law of Delict in Scotland
Author: Elspeth Reid
Publisher: EUP
Total Pages: 0
Release: 2022
Genre: Law
ISBN: 9781474416788

In this important book, Elspeth Reid presents an integrated treatment of the law of Delict in Scotland. Alongside its focus upon the Scots sources, where appropriate it also gives full consideration to case law and commentary from other jurisdictions, especially England and Wales.