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Beyond Magna Carta: A Constitution for the United Kingdom


ISBN13: 9781849463096
Published: April 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £25.00



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In this work Dr Blick argues that the 800th anniversary of Magna Carta, which falls in 2015, should be the occasion for a reassessment of the past, present and future of the UK constitution. He considers a series of historical documents from Anglo-Saxon times onwards, amongst which Magna Carta is the most prominent, which sought to set out arrangements for the governance of England and later the UK as a whole.

Dr Blick argues that they comprise a powerful tradition of written constitutional documents; and stresses the importance of the European dimension to their introduction and content. He then considers the present nature of the UK constitution, describing the period of immense flux through which it has passed in recent decades, and the implications of this phase of change.

Dr Blick identifies a need for a full written constitution for the UK as the next appropriate step. Finally he discusses the democratic processes suitable to devising such a text, and what its contents might be.

Subjects:
Constitutional and Administrative Law, Legal History
Contents:
1. Introduction The ' Vow ' Constitutional Perceptions

PART I: The Written Constitutional Tradition
2. Before Magna Carta: Early Law Codes and Charters The Ethelbert Law Code Anglo-Saxon Codes After Ethelbert Post-Conquest Texts
3. Magna Carta: The Life, Death and Afterlife of a Text The Magna Carta Moment The 1215 Text Magna Carta After 1215 The Global Status of Magna Carta
4. Revolutionary Century The Petition of Right 1628 Blueprints: The Army and the Levellers Constitutions Under Cromwell The Bill of Rights 1689 The Act of Settlement 1701: Alternative Constitutional Model ?
5. Union and Parliament The Creation of a Union Great Britain and Ireland Albert Venn Dicey and Parliamentary Sovereignty The Parliament Act 1911

PART II: A System in Turmoil
6. The Dynamic Constitution Constitution and Society Parliament The Civil Service The Process of Change
7. European Integration and its Consequences on and the UK Constitution The European Communities Act 1972 The Rise of the Referendum: 1975 to the Present The Fracturing of Collective Responsibility
8. The Multination State Devolution and its Implications England Left Behind Local Government in England The English Question
9. The Rule of Law, Human Rights and Constitutional Conflict The Rule of Law in the United Kingdom The Human Rights Act Protected Rights, their Limitations and their Impact A Clash of Models
10. Direction of Travel Codifying Convention and Limiting the Royal Prerogative A New Model ? A Written Constitution: Proposals and Drafts Practical Steps: Gordon Brown and Beyond

PART III: A Constitution for the United Kingdom
11. Advocating and Creating a Written Constitution The Positive Case for a Written Constitution The Negative Case for a Written Constitution Creating a Constitution Preparatory Steps and Composition of a Convention Remit, Working Methods and Ratification of the Text
12. The Constitution Presentation, Writing Style and Preamble A Federal Union The UK Executive Parliament After Sovereignty The Composition of Parliament Electing Parliament Parliament and Accountability Fundamental Rights The Courts, the Legal System and Constitutional Review Changing the Constitution
13. Conclusion