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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The British Constitution: Continuity and Change: A Festschrift for Vernon Bogdanor

Edited by: Matt Qvortrup

ISBN13: 9781849469883
Published: November 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2013)
Price: £22.99
Hardback edition , ISBN13 9781849463713

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Vernon Bogdanor once told The Guardian, that he made 'a living of something that doesn't exist'. He also quipped that the British constitution can be summed up in seven words: "Whatever the Queen in Parliament decides is law".

That may still be the case, yet in many ways the once elusive British Constitution has now become much more grounded, much more tangible and much more based on written sources than was previously the case. It now exists in a way that it didn't do before. This is in no small part due to the reforms undertaken by the successive governments since the mid-1990s, which have altered Britain's constitutional architecture profoundly. The changes, often analysed by political scientists, are complemented by a changed attitude among judges and lawyers.

However, though the changes may seem revolutionary, much of the underlying structure remains unchanged - there are limits to the changes. Even the much debated Human Rights Act 1998, is subject to repeal. As Lord Nicholls has explained 'The Human Rights Act reserves amendment of primary legislation to parliament...the Act seeks to preserve parliamentary sovereignty'.

And just in case we had come to believe that we had adopted the hallmark of constitutionalism - namely a system of checks and balances and limits on the exercise of power - The Legislative and Regulatory Reform Act 2006 was passed, enabling ministers to make secondary legislation that - in theory - can amend, repeal or replace primary legislation.

Where does all this leave the Constitution? Is it new? Has it changed in a revolutionary way, or is it just an example of piecemeal changes? Is it still true that the British Constitution is not worth the paper it isn't written on? Will the recent changes be seen as fundamental in 20 or even in 10 years?

Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. While also a Festschrift in honour of Vernon Bogdanor, this book is above all a comprehensive compendium to the present state of the British constitution.

Constitutional and Administrative Law, EU Law
Author Biographies
Introduction: The British Constitution - Continuity and Change Matt Qvortrup
1. The Changing Constitution in Context David Butler
2. Constitutional Reform Since 1997: The Historians' Perspective Mike Finn and Anthony Seldon
3. The Constitution and the Public - How Voters Forgot the Constitution Peter Riddell
4. 'Let Me Take You to a Foreign Land': The Political and the Legal Constitution Matt Qvortrup
5. The Politics-Free Dimension to the UK Constitution Dawn Oliver
6. Constitutional Conventions David Feldman
7. Continuity and Change in Constitutional Conventions Joseph Jaconelli
8. 'The Three Hundred and Seven Year Itch': Scotland and the 2014 Independence Referendum Stephen Tierney
9. Constitutional Change and Parliamentary Sovereignty - the Impossible Dialectic Richard Gordon QC
10. Queen Elizabeth II and the Evolution of the Monarchy Robert Blackburn
11. Constitutional Justice and Constitutional Politics in France Denis Baranger Epilogue