HC 802 - Constitutional Role of the Judiciary if There Were a Codified Constitution PDF Download
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Author: Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
Publisher: The Stationery Office
ISBN: 0215072049
Category : Political Science
Languages : en
Pages : 44
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Book Description
This report is part of the Committee's ongoing work on a codified constitution for the UK. It discusses the constitutional role of the judiciary if there were a codified constitution. If the UK were to move towards a codified constitution, one way of addressing the question of what powers the judiciary should have if they held a piece of legislation to be unconstitutional, would be to introduce the concept of a "declaration of unconstitutionality". This could work in the same way as the declaration of incompatibility used under section 4 of the Human Rights Act 1998 for situations in which UK legislation is held to be incompatible with the European Convention on Human Rights. Furthermore, if the UK were to adopt a codified constitution, there would be no need for a separate constitutional court. The Supreme Court could adjudicate on constitutional matters. It would be understandable if the judiciary were unwilling to comment on the contents of a codified constitution, but it would be important to find a way of hearing their views on the implications of the proposals once the general structure of the constitution had been agreed. If necessary, some of the discussion could take place under Chatham House rules. Retired members of the judiciary would also be likely to feel freer to offer their opinions than those still serving as judges
Author: Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
Publisher: The Stationery Office
ISBN: 0215072049
Category : Political Science
Languages : en
Pages : 44
Get Book Here
Book Description
This report is part of the Committee's ongoing work on a codified constitution for the UK. It discusses the constitutional role of the judiciary if there were a codified constitution. If the UK were to move towards a codified constitution, one way of addressing the question of what powers the judiciary should have if they held a piece of legislation to be unconstitutional, would be to introduce the concept of a "declaration of unconstitutionality". This could work in the same way as the declaration of incompatibility used under section 4 of the Human Rights Act 1998 for situations in which UK legislation is held to be incompatible with the European Convention on Human Rights. Furthermore, if the UK were to adopt a codified constitution, there would be no need for a separate constitutional court. The Supreme Court could adjudicate on constitutional matters. It would be understandable if the judiciary were unwilling to comment on the contents of a codified constitution, but it would be important to find a way of hearing their views on the implications of the proposals once the general structure of the constitution had been agreed. If necessary, some of the discussion could take place under Chatham House rules. Retired members of the judiciary would also be likely to feel freer to offer their opinions than those still serving as judges
Author: Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
Publisher: The Stationery Office
ISBN: 0215085817
Category : Political Science
Languages : en
Pages : 33
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Book Description
The Political and Constitutional Reform Select Committee was established in June 2010 to consider political and constitutional reform. Over the last five years the Committee has scrutinised the Government's substantial programme of political and constitutional reform - which included fixing the term of a Parliament, bringing forward proposals for recalling MPs, establishing a register of third party lobbyists and implementing Individual Electoral Registration. The establishment of a dedicated select committee to consider these matters has brought additional parliamentary scrutiny to a substantial part of the Government's programme. Should the next Government plan to take forward constitutional reform, a select committee be established to examine the Government's proposals, to keep the progress of any political and constitutional reform under regular review, and to continue the work this Committee has undertaken. The Committee has also highlighted the extent to which it has engaged the public with it's work through consultations and increased use of social media, online surveys and informal events. This public engagement is one of it's greatest innovations, and something which it encourages other committees to adopt in the future
Author: Roger Masterman
Publisher: Cambridge University Press
ISBN: 1009178075
Category : Law
Languages : en
Pages : 889
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Book Description
Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law. Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed. This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.
Author: Anne Dennett
Publisher: Oxford University Press
ISBN: 0198903448
Category :
Languages : en
Pages : 537
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Book Description
Author: Michael Gordon
Publisher: Bloomsbury Publishing
ISBN: 178225580X
Category : Law
Languages : en
Pages : 380
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Book Description
The status of the doctrine of parliamentary sovereignty in the contemporary UK Constitution is much contested. Changes in the architecture of the UK Constitution, diminishing academic reverence for the doctrine, and a more expansive vision of the judicial role, all present challenges to the relevance, coherence and desirability of this constitutional fundamental. At a time when the future of the sovereignty of Parliament may look less than assured, this book develops an account of the continuing significance of the doctrine. It argues that a rejuvenation of the manner and form theory is required to understand the present status of parliamentary sovereignty. Addressing the critical challenges to the doctrine, it contends that this conception of legally unlimited legislative power provides the best explanation of contemporary developments in UK constitutional practice, while also possessing a normative appeal that has previously been unrecognised. This modern shift to the manner and form theory is located in an account of the democratic virtue of parliamentary sovereignty, with the book seeking to demonstrate the potential that exists for Parliament – through legislating about the legislative process – to revitalise the UK's political constitution.
Author: Mark Elliott
Publisher: Cambridge University Press
ISBN: 1107029759
Category : Law
Languages : en
Pages : 295
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Book Description
A scholarly and accessible examination of key themes, debates and issues in contemporary public law by leading authorities on the subject.
Author: Patrick J. Birkinshaw
Publisher: Kluwer Law International B.V.
ISBN: 9041164308
Category : Law
Languages : en
Pages : 487
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Book Description
The United Kingdom has been a member of the European Union for forty three years. Although EU membership has brought numerous indisputable benefits, anti-EU sentiment, simmering for decades, has now reached the point where an upcoming referendum could quite possibly lead to exit from the Union - an enormously topical issue dubbed 'Brexit'. This very timely book addresses the major concerns and uncertainties associated with this looming prospect. Outstanding scholars of British constitutional law and EU law discuss such factors as the impact of EU membership on the UK constitution and the perspectives of the UK's constituent regions, along with numerous practical issues of economics and administration. Specific topics covered include: - the EU and the sovereignty debate; - the impact of Brexit in the devolved United Kingdom; - options available to the UK; - residence rights post-Brexit; - debates over the structure of the referendum; - existing and potential role of jurisprudence (domestic and EU); - environmental law; - negotiating treaties; - judicial protection; - Opt-outs; - EU criminal law; - labour rights; - equal protection; - human rights under the Charter of Fundamental Rights; and - financial and economic governance. With Brexit becoming the largest single issue to affect the United Kingdom's place in the world, this volume is certain to be widely read and referenced in the time before, during, and after the referendum. It will also remain of great value as social, political, and economic events unfold in the post-referendum United Kingdom.
Author: Ebenezer Durojaye
Publisher: Springer Nature
ISBN: 3031064011
Category : Political Science
Languages : en
Pages : 411
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Book Description
This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends. In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.
Author: Brian Christopher Jones
Publisher: Edward Elgar Publishing
ISBN: 1788971108
Category : Law
Languages : en
Pages : 217
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Book Description
Constitutional Idolatry and Democracy investigates the increasingly important subject of constitutional idolatry and its effects on democracy. Focussed around whether the UK should draft a single written constitution, it suggests that constitutions have been drastically and persistently over-sold throughout the years, and that their wider importance and effects are not nearly as significant as constitutional advocates maintain. Chapters analyse whether written constitutions can educate the citizenry, invigorate voter turnout, or deliver ‘We the People’ sovereignty.
Author: Trevor R. S. Allan
Publisher: Oxford University Press, USA
ISBN: 9780199267880
Category : Law
Languages : en
Pages : 348
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Book Description
Scope of Judicial Review
