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The Constitution of the United Kingdom: A Contextual Analysis 4th ed


ISBN13: 9781509945542
Previous Edition ISBN: 9781849469074
Published: July 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £19.99



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Praise for the previous editions: “[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists … [students] will certainly find it worth their while" - Cambridge Law Journal
“[The] written style is admirably clear, conversational and free from jargon … It will be of immense interest to anybody with a general interest in UK law, politics and history.” - Times Higher Education
This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision.

Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform.

As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works.

Subjects:
Constitutional and Administrative Law
Contents:
1. UK Constitution: Context and History
Introduction
Constitutional Contexts
What is Liberal Democracy?
The UK Constitution, Constitutionalism, and Good Governance
Democracy, Accountability, and the Digital World
Constitutional History
Qualifying Absolute Monarchy
The Emergence of Parliament and the Path to Democracy
Defining the Nation: What is the United Kingdom?
Empire to Commonwealth
The European Union and Brexit
Constitutional Consequences
Conclusion
Further Reading
2. Sources of the Constitution
Introduction
Statute Law
The Common Law
European Union Law
European Convention on Human Rights
Legal Treatises
The Law and Customs of Parliament
The Royal Prerogative
Conventions as a Constitutional Source
Defining Conventions
The Practical Importance of Constitutional Conventions
Conclusion
Further Reading
3. Constitutional Principles
Introduction
Parliamentary Sovereignty
Defining Legal Sovereignty
Express Repeal, Implied Repeal, and Constitutional Statutes
Sovereignty, EU Law, and Brexit 2
The Human Rights Act 1998 and Sovereignty
The Jackson Case: A Revised Interpretation of Sovereignty?
Political Sovereignty: Elections, Referendums, and Brexit
The Rule of Law and Separation of Powers
Defining Rule of Law
The Response to Dicey
Separation of Powers
Fusion of Powers
Parliament, the Lord Chancellor, and the UK Supreme Court Separation of Powers and Judicial Independence
A Redefinition of Power?
Conclusion
Further Reading
4. Constitutional Monarchy
Introduction
What is the Royal Prerogative?
The Constitutional Role of the Monarchy
Does the Monarch Retain Real Power?
What is the 'Crown'?
Liability of the Crown in Tort and Contract
Evaluation: Preservation, Reform, or Abolition?
Conclusion
Further Reading
5. Parliament
Introduction
General Elections
First Past the Post
Alternatives to First Past the Post
Social Media and Electronic Voting
The Formation of the Government
Parliament: Composition and Procedure
The Speaker and the Role of Backbench MPs
Government and Opposition
Parliamentary Privilege
Parliamentary Standards and the Conduct of MPs
The House of Lords
Composition of the House of Lords
House of Lords: Further Reform?
Parliament as Legislator
Public Bills
Private Members' Bills and Private Bills
English Votes for English Laws (EVEL)
Parliament as Watchdog
Parliamentary Questions
Departmental Select Committees
Wright Reforms: Standing Up to the Executive
Public Accounts Committee and National Audit Office
Parliamentary Scrutiny of Delegated Legislation and the Impact of Brexit
E-Petitions and Popular Democracy
The Parliamentary Ombudsman
Conclusion
Further Reading
6. Government and Executive
Introduction
The Prime Minister and the Government
The Role of Prime Minister
The Prime Ministerial Power and Fixed Term Parliaments
The Prime Minister and Collective Cabinet Responsibility
The Prime Minister: Appointments and Dismissals
10. Downing Street and Policy Formation
Prime Minister's Press Office, SPADS, and Government Spin
Shaping Government Departments
Ministers and Civil Service
Individual Ministerial Responsibility
Government Accountability and the Scott Report
The Role of the Civil Service
New Public Management, Contract State, and Executive Accountability
Civil Service Management and the Recognition of Codes of Practice
Government Openness and the Freedom of Information Act 2000
E-Government Revolution
Conclusion
Further Reading
7. The Constitutional Role of the Courts
Introduction
The Role of the Courts
A Supreme Court for the United Kingdom
Common Law and Statutory Interpretation
The Evolution of the Office of Lord Chancellor
Appointing and Dismissing Judges
Administrative Law and Judicial Review
Red Light and Green Light Theory
Tribunals and the 'Green Light' View
The Impact of Judicial Review
Distinguishing Public Law from Private Law
The Requirements of Standing
Grounds of Judicial Review
The Question of Merits
The Constitutional Protection of Rights and the Human Rights Act 1998
Vertical or Horizontal Effect
Proportionality Review
Significant Cases under the Human Rights Act 1998
Reforming the Human Rights Act or replacing it with a British Bill of Rights?
Conclusion
Further Reading
8. Devolution
Introduction
Historical Backdrop
Institutional Features: Scotland and Wales
A New Form of Devolution for Northern Ireland
Intergovernmental Relations: Concordats
Legal Sovereignty and the Sewel Convention
Devolution and the Courts
The Scottish Referendum and the Consolidation of Devolution
Finance and Tax-raising
Devolution and Brexit
Devolution and England
The West Lothian Question and Constitutional Reform
Conclusion
Further Reading
9. Local Government
Introduction
Mayors, Cities, Regions
The Wider Structure of Local Government
The Financing of Local Government
From Compulsory Competitive Tendering to Best Value
Citizen Participation and the Big Society
The Accountability of Local Government
Conclusion
Further Reading
10. The UK Constitution: The Way Ahead?
Introduction
Parliament and Civil Service: Challenges to Core Institutions
The Integrity of the UK as a Nation State
Is there a Case for the Introduction of a Codified Constitution?
Conclusion 0
Further Reading

Series: Constitutional Systems of the World

The Constitution of New Zealand: A Contextual Analysis ISBN 9781509956456
To be published September 2022
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£41.99
The Constitution of the Russian Federation: A Contextual Analysis 2nd ed ISBN 9781509935574
To be published August 2022
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£85.00
The Constitution of Malaysia: A Contextual Analysis 2nd ed ISBN 9781509927432
Published May 2022
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£25.99
The Constitution of Malaysia: A Contextual Analysis 2nd ed (eBook) ISBN 9781509927449
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The Constitution of New Zealand: A Contextual Analysis (eBook) ISBN 9781849469043
Published February 2022
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£37.79
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The Constitution of Italy: A Contextual Analysis (eBook) ISBN 9781509905737
Published February 2022
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£76.50
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The Constitution of Italy: A Contextual Analysis ISBN 9781509905720
Published February 2022
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£85.00
The Constitution of New Zealand: A Contextual Analysis ISBN 9781849469036
Published February 2022
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£85.00
The Constitution of Czechia: A Contextual Analysis ISBN 9781509920532
Published October 2021
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£85.00
The Constitution of Czechia: A Contextual Analysis (eBook) ISBN 9781509920549
Published October 2021
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£76.50
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Constitution of Canada: A Contextual Analysis 2nd ed (eBook) ISBN 9781509947188
Published July 2021
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£22.49
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Constitution of Canada: A Contextual Analysis 2nd ed ISBN 9781509947171
Published July 2021
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£24.99
£17.99
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The Constitution of Iraq: A Contextual Analysis ISBN 9781841138091
Published September 2020
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Publication Abandoned
The Constitutional System of Turkey: A Contextual Analysis ISBN 9781841138534
Published June 2020
Hart Publishing
Publication Abandoned
The Constitution of Myanmar ISBN 9781509933143
Published May 2020
Hart Publishing
£21.99
The Constitution of Argentina: A Contextual Analysis ISBN 9781841139418
Published March 2020
Hart Publishing
Publication Abandoned
The Constitution of Italy: A Contextual Analysis
ISBN 9781841138343
Published March 2020
Hart Publishing
Publication Abandoned
The Constitution of Ireland: A Contextual Analysis
ISBN 9781841138367
Published March 2020
Hart Publishing
Publication Abandoned
The Constitution of Brazil: A Contextual Analysis ISBN 9781509935079
Published December 2019
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£30.00
The Constitution of Poland: A Contextual Analysis (eBook) ISBN 9781509913954
Published November 2019
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£31.49
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The Constitution of Poland: A Contextual Analysis ISBN 9781509913947
Published November 2019
Hart Publishing
£75.00
The Constitution of Myanmar (eBook) ISBN 9781509927364
Published September 2019
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£19.79
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The Constitution of Myanmar ISBN 9781509927357
Published September 2019
Hart Publishing
£65.00
The Constitution of Brazil: A Contextual Analysis ISBN 9781849465359
Published May 2019
Hart Publishing
£70.00
The Constitution of Brazil: A Contextual Analysis (eBook) ISBN 9781509929672
Published May 2019
Hart Publishing
£27.00
(ePub)
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The Constitution of Ireland: A Contextual Analysis (eBook) ISBN 9781509903443
Published November 2018
Hart Publishing
£20.69
(ePub)
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The Constitution of Ireland: A Contextual Analysis ISBN 9781509903436
Published November 2018
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£22.99
The Constitution of Pakistan: A Contextual Analysis ISBN 9781849465861
Published January 2018
Hart Publishing
£28.99
The Constitution of Pakistan: A Contextual Analysis (eBook) ISBN 9781509919123
Published January 2018
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£26.09
(ePub)
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The Constitution of India: A Contextual Analysis (eBook) ISBN 9781849468695
Published December 2017
Hart Publishing
£20.69
(ePub)
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The Constitution of India: A Contextual Analysis ISBN 9781841137360
Published December 2017
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£22.99
£34.19
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£80.00
The Constitution of Romania: A Contextual Analysis ISBN 9781849465137
Published April 2016
Hart Publishing
£27.99
The Constitution of Romania: A Contextual Analysis (eBook) ISBN 9781782259589
Published April 2016
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£25.19
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The Constitution of Taiwan: A Contextual Analysis ISBN 9781849465120
Published April 2016
Hart Publishing
£27.99
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Constitution of Belgium: A Contextual Analysis (eBook) ISBN 9781782259466
Published October 2015
Hart Publishing
£22.49
(ePub)
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Constitution of Belgium: A Contextual Analysis ISBN 9781849464154
Published October 2015
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£24.99
£23.99
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Constitution of Canada: A Contextual Analysis ISBN 9781841133638
Published March 2015
Clearance
£12.00
(Second Hand)
Constitution of Canada: A Contextual Analysis (eBook) ISBN 9781782252610
Published March 2015
Clearance
Out of print
Constitution of Singapore: A Contextual Analysis ISBN 9781849463966
Published March 2015
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£23.99
Constitution of Singapore: A Contextual Analysis (eBook) ISBN 9781782252689
Published March 2015
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£21.59
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Constitution of Israel: A Contextual Analysis ISBN 9781841138350
Published May 2014
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£24.99
£22.49
(ePub)
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Constitution of Israel: A Contextual Analysis (eBook) ISBN 9781782252092
Published May 2014
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£22.49
(ePub)
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Constitution of Mexico: A Contextual Analysis ISBN 9781849462884
Published May 2013
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£24.99
Constitution of Mexico: A Contextual Analysis (eBook) ISBN 9781782251330
Published May 2013
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£22.49
(ePub)
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The Constitution of Spain: A Contextual Analysis ISBN 9781849460163
Published May 2013
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£23.99
The Constitution of Spain: A Contextual Analysis (eBook) ISBN 9781782251347
Published May 2013
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£21.59
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The Constitution of France: A Contextual Analysis ISBN 9781841137353
Published December 2012
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£23.99
The Constitution of France: A Contextual Analysis (eBook) ISBN 9781782250562
Published December 2012
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£21.59
(ePub)
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The Constitution of Indonesia: A Contextual Analysis ISBN 9781849460187
Published August 2012
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£29.99
The Constitution of Indonesia: A Contextual Analysis (eBook) ISBN 9781847319883
Published August 2012
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£26.99
(ePub)
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The Constitution China: A Contextual Analysis ISBN 9781841137407
Published August 2012
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£23.99
The Constitution China: A Contextual Analysis (eBook) ISBN 9781847319913
Published August 2012
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£21.59
(ePub)
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The Constitution of Malaysia: A Contextual Analysis (eBook) ISBN 9781847319838
Published July 2012
Hart Publishing
£26.99
(ePub)
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The Constitution of Malaysia: A Contextual Analysis ISBN 9781841139715
Published July 2012
Hart Publishing
£29.99
The Constitution of the United Kingdom: A Contextual Analysis 2nd ed ISBN 9781849461603
Published January 2012
Hart Publishing
Out of print
The Constitution of the United Kingdom: A Contextual Analysis 2nd ed (eBook) ISBN 9781847318947
Published January 2012
Hart Publishing
Out of print
£22.49
(ePub)
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The Constitution of the Russian Federation: A Contextual Analysis ISBN 9781841137841
Published May 2011
Hart Publishing
£24.99
The Constitution of the Republic of Austria: A Contextual Analysis ISBN 9781841138527
Published April 2011
Hart Publishing
£26.99
£25.99
The Constitution of Japan: A Contextual Analysis ISBN 9781841137926
Published November 2010
Hart Publishing
£28.99
The Constitution of Australia: A Contextual Analysis ISBN 9781841137346
Published November 2010
Hart Publishing
£24.99
The Constitution of Finland: A Contextual Analysis ISBN 9781841138541
Published November 2010
Hart Publishing
£27.99
The Constitution of Australia: A Contextual Analysis (eBook) ISBN 9781847317407
Published November 2010
Hart Publishing
£22.49
(ePub)
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The Constitution of Germany: A Contextual Analysis ISBN 9781841138688
Published November 2010
Hart Publishing
£23.99
The Constitution of South Africa: A Contextual Analysis (eBook) ISBN 9781847317414
Published July 2010
Hart Publishing
£22.49
(ePub)
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The Constitution of South Africa: A Contextual Analysis ISBN 9781841137377
Published July 2010
Hart Publishing
£24.99
The Constitution of Vietnam: A Contextual Analysis ISBN 9781841137391
Published August 2009
Hart Publishing
£28.99