Constitutional Reform Act 2005
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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.
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.
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.
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.
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.
Author | : Ragna Aarli |
Publisher | : Chinese and Comparative Law |
Total Pages | : 238 |
Release | : 2020-10 |
Genre | : Law |
ISBN | : 9789004438156 |
"The challenges courts face today all over the world can only be solved in close cooperation between judges and academics which crosses national borders. The anthology brings judges and academics together for a dialogue on judicial reforms. The book presents contributions by the judges on their judicial systems (China, Germany, Slovenia, England and Wales and Norway). The contributions by the academics take up different themes which have emerged in the country reports: The topics include comparative, normative and organisational perspectives on national court systems as well as international perspectives on courts as guarantors of individual rights in an increasingly globalised rule-of-law framework"--
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 | : Shimon Shetreet |
Publisher | : Cambridge University Press |
Total Pages | : 495 |
Release | : 2013-10-24 |
Genre | : Law |
ISBN | : 1107013674 |
This study of the English judiciary stimulates a discussion of the factors shaping judicial independence, including accountability and constitutional adjudication.
Author | : Trevor R. S. Allan |
Publisher | : Oxford University Press, USA |
Total Pages | : 348 |
Release | : 2003 |
Genre | : Law |
ISBN | : 9780199267880 |
Author | : Great Britain |
Publisher | : The Stationery Office |
Total Pages | : 340 |
Release | : 2005 |
Genre | : Business & Economics |
ISBN | : 9780105407058 |
An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords.