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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Human Rights, Constitutional Law and the Development of the English Legal System

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ISBN13: 9781841134116
ISBN: 1841134112
Published: December 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £45.00

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This is a selection of Lord Irvine's major lectures and articles since 1995. It surveys the constitutional revolution that has taken place in Britain since the Labour Government came to power in 1997, taking in devolution and House of Lords reform, but with a particular focus on human rights. The evolution of a new human rights culture is traced, from the policy underlying the Human Rights Act 1998, through the scheme of the legislation and the preparations for implementation, to an analysis of the impact of the Act during its first two years. The work is of particular interest because Lord Irvine chaired the four main Cabinet Committees on constitutional change and introduced the Human Rights Bill to Parliament.

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Constitutional and Administrative Law
Part 1: Human Rights and Constitutional Reform
1.The Philosophical Case for a Bill of Rights: A Response to Sir John Laws 1996
2.The Human Rights Bill, House of Lords 2nd Reading
3.The Development of Human Rights in Britain under an Incorporated Convention on Human Rights
4.Constitutional Change in the United Kingdom: British Solutions to Universal Problems
5.Activism and Restraint: Human Rights and the Interpretative Process
6.Britain’s Programme of Constitutional Change
7.A New Constitution—A New Citizenship
8.The Impact of the Human Rights Act: Parliament, the Courts and the Executive

Part 2: Judges and the Development of English Public Law
9.Judges and Decision-Makers: The Theory and Practice of Wednesbury Review
10.Principle and Pragmatism: The Development of English Public Law under the Separation of Powers
11.The Influence of Europe on Public Law in the United Kingdom

Part 3: British and International Perspectives on Law and Constitution
12.Judicial Independence and the British Constitution
13.The Common Origins of English and American Law
14.Sovereignty in Comparative Perspective: Constitutionalism in Britain and America
15.The Spirit of Magna Carta Continues to Resonate in Modern Law
16.Legislators, Liberty and the Law: A Comparative Analysis of the French and English Legal Systems

Part 4: Miscellaneous Essays on the Development of the English Legal System
17.The Art of Advocacy and the Woolf Reforms
18.The Feasibility of a Unified Approach to Proceedings Arising Out of Major City Frauds
19.The Patient, the Doctor, their Lawyers and the Judge: Rights and Duties
20.Intention, Recklessness and Moral Blameworthiness: Reflections on the English and Australian Law of Criminal Culpability
21.The Law: An Engine for Trade