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Author: Meg Russell
Publisher: Oxford University Press
ISBN: 0192666525
Category : History
Languages : en
Pages : 410
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Book Description
The Parliamentary Battle Over Brexit provides answers to those who want to understand the bitter arguments that occurred over Brexit, what might have been handled better, and the role that parliament played. Since the 2016 referendum, the hotly contested issue of Brexit has raised fundamental questions about the workings of British democracy. Nowhere was this more true than regarding the role of parliament. This book addresses important questions about parliament's role in the UK constitution, and the impact on this of the Brexit process. While initially intended to re-establish 'parliamentary sovereignty', Brexit wrought significant damage on the reputation of parliament, and the wider culture of UK democracy. Charting the full story of the parliamentary battle over Brexit, Meg Russell and Lisa James show that it wasn't always what it seemed. Based on careful documentary research and extensive interviews with key protagonists, the book explores multiple nail-biting moments, procedural innovations, and political 'what if's'. Drawing on insider accounts, alongside media and parliamentary debates, the book puts the events of Brexit into context and provides a clear and reliable document of record on a complex and disputed story. Ultimately, it argues that Brexit was largely a battle inside the Conservative Party, for which parliament got the blame. Insightful and comprehensive, the book is necessary reading to those with broader interests in British Politics, the culture of UK democracy, and the challenges of populism and democratic 'backsliding'.
Author: Meg Russell
Publisher: Oxford University Press
ISBN: 0192666525
Category : History
Languages : en
Pages : 410
Get Book Here
Book Description
The Parliamentary Battle Over Brexit provides answers to those who want to understand the bitter arguments that occurred over Brexit, what might have been handled better, and the role that parliament played. Since the 2016 referendum, the hotly contested issue of Brexit has raised fundamental questions about the workings of British democracy. Nowhere was this more true than regarding the role of parliament. This book addresses important questions about parliament's role in the UK constitution, and the impact on this of the Brexit process. While initially intended to re-establish 'parliamentary sovereignty', Brexit wrought significant damage on the reputation of parliament, and the wider culture of UK democracy. Charting the full story of the parliamentary battle over Brexit, Meg Russell and Lisa James show that it wasn't always what it seemed. Based on careful documentary research and extensive interviews with key protagonists, the book explores multiple nail-biting moments, procedural innovations, and political 'what if's'. Drawing on insider accounts, alongside media and parliamentary debates, the book puts the events of Brexit into context and provides a clear and reliable document of record on a complex and disputed story. Ultimately, it argues that Brexit was largely a battle inside the Conservative Party, for which parliament got the blame. Insightful and comprehensive, the book is necessary reading to those with broader interests in British Politics, the culture of UK democracy, and the challenges of populism and democratic 'backsliding'.
Author: Niall O'Connor
Publisher: Oxford University Press
ISBN: 0192888129
Category : Law
Languages : en
Pages : 321
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Book Description
Article 16 of the EU Charter of Fundamental Rights, recognizing 'the freedom to conduct a business in accordance with Union law and national laws and practices', has been the subject of intense debate over the value of business freedoms within EU law. Problematically, the Court of Justice of the European Union (CJEU) relied on this provision in a series of highly deregulatory judgments, invoking Article 16 to undermine the effectiveness of employee-protective legislation. Business Freedoms and Fundamental Rights in European Union Law assesses the value placed on the freedom to conduct a business as a fundamental right within the legal reasoning of the CJEU. Arguing that this freedom can only properly be understood in relation to its wider constitutional and social rights functions, it uses the employment law context as a case study, given the tensions that exist between the (economic) rights of employers and the (social) rights of employees. Examined holistically, the book demonstrates that granting fundamental rights status to business freedoms is not inherently deregulatory, with such freedoms also encapsulating 'social' rights, values, and interests. The freedom to conduct a business, therefore, emerges as a malleable fundamental rights concept, dependent on the underlying constitutional context, whether that be within national constitutional law, the EU Charter of Fundamental Rights, general principles of EU law, or in the arrangements governing the United Kingdom's departure from the EU. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.
Author: Michal Bobek
Publisher: Bloomsbury Publishing
ISBN: 1509940928
Category : Law
Languages : en
Pages : 810
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Book Description
Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems.
Author: Justine N Stefanelli
Publisher: Bloomsbury Publishing
ISBN: 1509930477
Category : Law
Languages : en
Pages : 247
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Book Description
Immigration detention is considered by many states to be a necessary tool in the execution of immigration policy. Despite the apparently key role it plays in immigration enforcement, the law on immigration detention is often vague, especially in relation to determining the circumstances under which prolonged detention remains lawful. As a result, the courts are frequently called upon to adjudicate these matters, with scant legal tools at their disposal. Though there have been some significant judgments on the legality of detention at the constitutional level, the extent to which these judgments have had an impact at the lower end of the judiciary is unclear. Indeed, it is the lower courts which are tasked with judging the legality of detention through habeas corpus or judicial review proceedings. This book examines the way this has occurred in the lower courts of two jurisdictions, the UK and the US, and contrasts this practice not only in those jurisdictions, but with judgments rendered by the Court of Justice of the European Union, a constitutional court at the other end of the judicial spectrum whose judgments are applied by courts and tribunals in the EU Member States. Although these three jurisdictions use similar tests to evaluate the legality of detention, case outcomes significantly differ. Many factors contribute to this divergence, but key among them is the role that fundamental rights protection plays in each jurisdiction. Through a forensic evaluation of 191 judgments, this book compares the laws on detention in the UK, US and EU, and makes recommendations to these jurisdictions for improvement.
Author: Marius Guderjan
Publisher: Taylor & Francis
ISBN: 1000887332
Category : Political Science
Languages : en
Pages : 230
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Book Description
Intergovernmental Relations in the UK provides a timely and up-to-date analysis of a turbulent decade in British politics and presents a fascinating case study of intergovernmental relations and territorial power in a devolved unitary state. As over time a widening range of powers has been transferred from the Westminster Parliament to the devolved legislatures in Scotland, Wales and Northern Ireland, intergovernmental relations have become increasingly important to deal with the corresponding overlaps of legislative and fiscal authority. However, leaving the European Union has exposed the weakness of the intergovernmental architecture and challenged the functionality of the UK’s multilevel polity. Until now, the question of how powerful the devolved administrations really are has not been satisfactorily answered. The author uses insights from comparative studies of federations to develop a systematic account of shared rule and intergovernmental relations. This book examines how informal institutions and practices can provide political influence beyond formal structures, with reference to an extensive range of institutions, practices, policies and political decisions. Unlike other studies focused predominantly on the state of the Union, this volume points to the interplay between conflict and cooperation, and demonstrates that the proclaimed ‘break-up of the Union’ is accompanied by efforts to integrate the different jurisdictions. This book will be of interest to scholars and postgraduate students of comparative politics, political systems, multilevel governance, regional and federal studies, British politics and public administration. It will also appeal to politicians, government advisers, civil servants and other practitioners who seek a better, more nuanced understanding of the UK’s multilevel constitution and politics, and the nature of intergovernmental relations in the UK.
Author: Paul Blokker
Publisher: Routledge
ISBN: 1315453630
Category : Law
Languages : en
Pages : 361
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Book Description
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed analysis of the key challenges and changes affecting domestic constitutionalism in Europe and beyond, departing from the idea of ‘constitutional acceleration’ or the increased propensity of different actors to engage in (formal) reform of the constitutional order. The volume points to a fundamental change in the function of constitutions in that constitutions themselves are increasingly subjects of political contestation rather than framing political debates. The collection of essays addresses a range of critical challenges – including societal acceleration, depoliticization, civic engagement, multi-faceted constituent power, modernization, populism and nationalism, and transnationalization. The volume includes a variety of disciplinary, and in some cases interdisciplinary, approaches, including (political) sociology, political science, constitutional law, and constitutional and legal theory, and will be of interest to researchers and students in any of these areas. Case studies focus on the EU and the wider European context, and include highly relevant but little known or ill-understood cases, such as the recent constitutional events in Iceland, Italy, or Romania, and cases of democratic reversal, such as Hungary, while also engaging with traditional but rapidly changing cases of constitutional interest, such as the UK.
Author: Great Britain. Chancellor of the Duchy of Lancaster
Publisher:
ISBN: 9781474126885
Category : Administrative law
Languages : en
Pages : 27
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Book Description
In October 2015, the Prime Minister commissioned Lord Strathclyde to lead a short review. The review examined how to secure the decisive role of the elected House of Commons in relation to its primacy on financial matters and secondary legislation. Lord Strathclyde’s report lists 3 options for providing the House of Commons with a decisive role on statutory instruments and makes recommendations to the government.
Author: Alexander Horne
Publisher: Bloomsbury Publishing
ISBN: 1509934111
Category : Law
Languages : en
Pages : 403
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Book Description
The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG).
Author: Peter Joyce
Publisher: Taylor & Francis
ISBN: 1317395581
Category : Social Science
Languages : en
Pages : 699
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Book Description
This revised and expanded third edition offers a comprehensive and engaging introduction to the criminal justice system of England and Wales. Starting with an overview of the main theories of the causes of crime, this book explores and discusses the operation of the main criminal justice agencies including the police, probation and prison services and the legal and youth justice systems. This book offers a lively and critical discussion of some of the main themes in criminal justice, from policy-making and crime control to diversity and discrimination to the global dimensions of criminal justice, including organized crime and the role of the EU. Key updates to this new edition include: increased discussion of the measurement, prevention and detection of crime; a revised chapter on the police which discusses the principle of policing by consent, police methods, power and governance as well as the abuse of power; further discussion of pressing contemporary issues in criminal justice, such as privatization, multi-agency working and community-based criminal justice policy; a brand new chapter on victims of crime, key developments in criminal justice policy, and the response of the criminal justice system. This accessible text is essential reading for students taking introductory courses in criminology and criminal justice. A wide range of useful features includes review questions, lists of further reading, timelines of key events and a glossary of key terms.
Author: Hager Ben Jaffel
Publisher: Routledge
ISBN: 042950926X
Category : Political Science
Languages : en
Pages : 221
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Book Description
This book investigates everyday practices of intelligence cooperation in anti-terrorism matters, with a specific focus on the relationship between Europe and Britain. The volume examines the effective involvement of British anti-terrorism efforts in European cooperation arrangements, which until now have been overshadowed by the UK-US ‘special relationship’ and by political debates that overstate the divide between Britain and continental Europe. In arguing that British intelligence has always had a European dimension, it provides a distinct perspective to the study of intelligence cooperation and the role of British intelligence therein. Mobilizing a ‘field theory’ approach, the book provides an original contribution to the understanding of intelligence cooperation by investigating everyday bureaucratic practices of ‘ground-level’ security professionals and police forces, embedded in a European ‘field’ structured around the exchange of anti-terror intelligence. It also accounts for the drivers behind cooperation by using ‘field analysis,’ which explains the trajectory and positioning of actors according to their ‘capitals’ rather than necessities dictated by threats or state decisions. This book will be of much interest to students of Security Studies, International Political Sociology, Intelligence Studies, and International Relations in general.
