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Spencer Bower and Handley: Res Judicata

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Lord Denning: Life, Law and Legacy



  


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Repairing British Politics: A Blueprint for Constitutional Change 2nd ed


ISBN13: 9781509933433
Previous Edition ISBN: 9781849460491
To be Published: December 2024
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £25.00



The 1st edition of this seminal text was written as a response to the constitutional crisis of 2009, sparked by the 'expenses scandal', which led a general distrust of our entire political order.

A decade on, it is no exaggeration to say that the situation has dramatically deteriorated. The UK's constitutional order faces an existential crisis, with Brexit placing unbearable pressure on the political and legal architecture. All this makes the need for a written Constitution more pronounced. Retaining the easily accessible style of the first edition, this book addresses how this might be put in place.

Part 1 sets out a number of arguments in favour of a written Constitution, as well as the most common objections. Part 2 presents a working draft in the form of one possible model for a Constitution. Observations and explanatory notes are attached to each section of this draft Constitution. This model Constitution is intended as the first stage in a public debate, designed to provoke further discussion about the content and method of legislating into law a written Constitution. Part 3 contains the draft of the Act of Parliament that would be needed to introduce any form of constitutional change.

Rarely has a book been more timely or essential.

Subjects:
Constitutional and Administrative Law, General Interest
Contents:
Glossary of Essential Terms

Part 1: Setting the Scene
1. Starting from Scratch
2. Then and Now
3. Why We Need a Written Constitution
4. Outline of the Book
5. Power to the People
6. Power Sustaining Devices
7. The Origins of Parliamentary Sovereignty
8. Cromwell and the UK's Two Written Constitutions
9. No-one Ever Voted for Parliamentary Sovereignty
10. Why Parliamentary Sovereignty Doesn't Work
11. The Need for a Public Debate
12. The Virtues of Representative Democracy
13. Drafting a Written Constitution: The Practicalities
14. Repairing British Politics: The Proposals
15. Towards the Future

Part 2: A Draft Constitution for the United Kingdom
1. The State and the Constitution
2. Lawmaking
3. The House of Representatives
4. The Senate
5. Executive Government
6. Emerging Powers
7. Political Parties
8. The Judiciary
9. Fundamental Rights, Freedoms and Responsibilities
10. The Citizens' Branch
11. Other Aspects of Government
12. Constitutional Conventions
13. Constitutional Changes and Referendums
14. Interpretation and Final Matters

Part 3: The Constitution of Britain (Referendums) Act
1. Referendum on a Written Constitution
2. Second Referendum on the Content of a Written Constitution
3. Implementation of the Second Referendum
4. Supplementary
5. Schedules