The Constitutional Legitimacy of Law Officers in the United Kingdom

The Constitutional Legitimacy of Law Officers in the United Kingdom PDF Author: Conor McCormick
Publisher: Bloomsbury Publishing
ISBN: 1509944125
Category : Law
Languages : en
Pages : 273

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Book Description
This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.

The Constitutional Legitimacy of Law Officers in the United Kingdom

The Constitutional Legitimacy of Law Officers in the United Kingdom PDF Author: Conor McCormick
Publisher: Bloomsbury Publishing
ISBN: 1509944125
Category : Law
Languages : en
Pages : 273

Get Book Here

Book Description
This book provides a detailed account of each law officer's functions and draws on that account as the basis for a conceptual analysis of their constitutional legitimacy. In recent years, the constitutional legitimacy of law officers has been questioned repeatedly because of recurring controversies surrounding the discharge of their varied functions. Indeed, it has become increasingly clear that those functions enable law officers to play a highly influential part in the regulation and exercise of public power throughout the United Kingdom. McCormick argues that the most persuasive framework for analysing the offices which make up this diverse regime involves concentrating on the constitutional values of independence, accountability and trust which underpin it. Both aspects of the book – namely the explanation of individual functions and the conceptual analysis of collective legitimacy – are written in a holistic way which encompasses critical analyses about the Attorney General and Solicitor General for England and Wales; the Counsel General for Wales; the Lord Advocate, Solicitor General and Advocate General for Scotland, as well as the Attorney General and Advocate General for Northern Ireland.

The Role of the Solicitor-General

The Role of the Solicitor-General PDF Author: Gabrielle Appleby
Publisher: Bloomsbury Publishing
ISBN: 1509903968
Category : Law
Languages : en
Pages : 365

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Book Description
Behind every government there is an impressive team of hard-working lawyers. In Australia, the Solicitor-General leads that team. A former Attorney-General once said, 'The Solicitor-General is next to the High Court and God.' And yet the role of government lawyers in Australia, and specifically the Solicitor-General as the most senior of government lawyers, is under-theorised and under-studied. The Role of the Solicitor-General: Negotiating Law, Politics and the Public Interest goes behind the scenes of government – drawing from interviews with over 45 government and judicial officials – to uncover the history, theory and practice of the Australian Solicitor-General. The analysis reveals a role that is of fundamental constitutional importance to ensuring both the legality and the integrity of government action, thus contributing to the achievement of rule-of-law ideals. The Solicitor-General also works to defend government action and prosecute government policies in the court, and thus performs an important role as messenger between the political and judicial branches of government. But the Solicitor-General's position, as both an internal integrity check on government and an external warrior for government, gives rise to competing pressures: between the law, politics and the public interest. The office of the Solicitor-General in Australia has evolved many characteristics across the almost two centuries of its history in an attempt to navigate these tensions. These pressures are not unique to the Australian context. The understanding of the Australian position provided by this book is informed by, and will inform, comparative analysis of the role of government lawyers across the world.

International Perspectives on Crime and Justice

International Perspectives on Crime and Justice PDF Author: K. Jaishankar
Publisher: K. Jaishankar
ISBN: 1443801984
Category : Crime
Languages : en
Pages : 759

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Book Description
In a world of growing interdependence, crimes are no longer confined by national boundaries. In this context, the necessity to understand criminological developments across the globe becomes imperative. This book aims to offer cross-cultural perspectives of different criminological issues and criminal justice systems operating worldwide. This book emphasizes the collective understanding of criminological problems from an international perspective. This book is a quintessence of contemporary criminological developments, with a global outlook. The book is an edited volume of articles collected from criminologists all over the world. It is a peer reviewed collection. The chapters focuses on various criminological issues such as Bullying, Child abuse, Corrections (Institutional and Community), Cyber crimes, Corporate crime, Corruption, Costs of crime, Crime Analysis, Crime prevention, Crime Mapping and GIS, Criminal justice systems, Environmental crime, Ethnic/communal/caste conflicts, Family violence, Fear of crime, High tech crimes, Homicide, Human trafficking, Juvenile Delinquency, Organized crime, Offenders including women offenders, Policing, Prisons, Public attitudes, Restorative justice, Sexual assault, Stalking, Theories of crime, Transnational crime, Victimology, Violence, White collar crime, and Workplace violence. The book aims to provide theoretical frameworks and pragmatic discussions on Criminology and Criminal Justice. It is intended for Academics, Criminal Justice professionals, and Graduate Students who want to improve their understanding of the issues and challenges that arise when issues related to criminology and criminal justice cross national boundaries. Also, practitioners and academics of allied fields like sociology, psychology, geography, political science, public administration and forensic sciences whose research interests include either crime/criminal justice system/Victim or crime analysis will find this book useful. â oeThe comprehensive framework of this book means that it provides a rich variety of international perspectives on an array of crime and justice-related issues. The thirty chapters presented here are a treasure trove of insights in terms of both topical variety and approaches within topic. Dr. Jaishankar has assembled a valuable collection of readings that will find broad acceptance internationally.â Prof. Keith Harries (From the Foreword)

Prosecuting Crime in the Public Interest

Prosecuting Crime in the Public Interest PDF Author: Kellie Toole
Publisher: Bloomsbury Publishing
ISBN: 1509973214
Category : Law
Languages : en
Pages : 243

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Book Description
This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.

The Cambridge Handbook of Deliberative Constitutionalism

The Cambridge Handbook of Deliberative Constitutionalism PDF Author: Ron Levy
Publisher: Cambridge University Press
ISBN: 1108304796
Category : Law
Languages : en
Pages : 723

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Book Description
Deliberative democratic theory emphasises the importance of informed and reflective discussion and persuasion in political decision-making. The theory has important implications for constitutionalism - and vice versa - as constitutional laws increasingly shape and constrain political decisions. The full range of these implications has not been explored in the political and constitutional literatures to date. This unique Handbook establishes the parameters of the field of deliberative constitutionalism, which bridges deliberative democracy with constitutional theory and practice. Drawing on contributions from world-leading authors, this volume will serve as the international reference point on deliberation as a foundational value in constitutional law, and will be an indispensable resource for scholars, students and practitioners interested in the vital and complex links between democratic deliberation and constitutionalism.

Public Sentinels

Public Sentinels PDF Author: Patrick Keyzer
Publisher: Routledge
ISBN: 1317073339
Category : Law
Languages : en
Pages : 304

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Book Description
In recent years, controversy has surrounded the role of top government lawyers in the United States and the United Kingdom. Allegations of bad lawyering and bad ethics in public office over the ’torture memos’ in the United States and the political pressure placed on the Attorney-General in the United Kingdom to approve the legality of the Iraq war, have seen these relatively obscure group of government lawyers thrust into the public debate. Unlike its Anglo-American contemporaries, Australia’s chief legal adviser, the Solicitor-General, has remained largely out of the public eye. This collection provides a rare and overdue insight into a fundamental public institution in all Australian jurisdictions. It provides a historical, theoretical, practical and comparative perspective of this little known, but vitally important, office at a time when the transparency and accountability of government has taken on an increased significance. Of interest to anyone interested in the integrity of government, the book will be particularly useful to government, political parties and the academy. It will also be a valuable reference work to those working towards a redefinition of the role of top government legal advisors.

The Constitution of Victoria

The Constitution of Victoria PDF Author: Greg Taylor
Publisher: Federation Press
ISBN: 9781862876125
Category : Law
Languages : en
Pages : 600

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Book Description
"[T]his work is comprehensive in its treatment of all aspects of Victorian constitutional law whether they be historical, jurisprudential or practical. Occasionally the author offers his own views upon the direction which the law has taken or should take, but in a manner which adds freshness to the text or adds interest for the reader.This is a legal text-book and is bound to be a standard text for many years to come. There is no other comprehensive work which covers Victorian constitutional law. But it is digestible in a way that many other text-books are not. It will provide a wealth of understanding and insight to teachers, students, practitioners, public servants, members of Parliament and others for whom an understanding of the Victorian Constitution is of interest and, often, necessity. It is not only the courts which are concerned with constitutional law. This work has a practical application in many other areas and for many who are not lawyers. It will provide practical guidance where that is possible and, where it is not, will provide a scholarly foundation upon which to build the correct answer."Sir Daryl Dawson, from The Foreword - full text below (see Extracts)This is the standard reference work on the Constitution of Victoria. Since the election of the Bracks government and its gaining a majority in both Houses of Parliament, the Victorian Constitution has undergone far-reaching change, making it markedly different from other Australian State Constitutions in a number of respects.This work analyses and comments on the new and old provisions of the Victorian Constitution and is essential for understanding the effect of the changes, some of which are of doubtful validity.

Before Wilde

Before Wilde PDF Author: Charles Upchurch
Publisher: Univ of California Press
ISBN: 0520943589
Category : Social Science
Languages : en
Pages : 289

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Book Description
This book examines changing perceptions of sex between men in early Victorian Britain, a significant yet surprisingly little explored period in the history of Western sexuality. Looking at the dramatic transformations of the era—changes in the family and in the law, the emergence of the world's first police force, the growth of a national media, and more—Charles Upchurch asks how perceptions of same-sex desire changed between men, in families, and in the larger society. To illuminate these questions, he mines a rich trove of previously unexamined sources, including hundreds of articles pertaining to sex between men that appeared in mainstream newspapers. The first book to relate this topic to broader economic, social, and political changes in the early nineteenth century, Before Wilde sheds new light on the central question of how and when sex acts became identities.

Censored

Censored PDF Author: Matthew Fellion
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773551883
Category : Literary Criticism
Languages : en
Pages : 431

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Book Description
When Henry Vizetelly was imprisoned in 1889 for publishing the novels of Émile Zola in English, the problem was not just Zola’s French candour about sex – it was that Vizetelly’s books were cheap, and ordinary people could read them. Censored exposes the role that power plays in censorship. In twenty-five chapters focusing on a wide range of texts, including the Bible, slave narratives, modernist classics, comic books, and Chicana/o literature, Matthew Fellion and Katherine Inglis chart the forces that have driven censorship in the United Kingdom and the United States for over six hundred years, from fears of civil unrest and corruptible youth to the oppression of various groups – religious and political dissidents, same-sex lovers, the working class, immigrants, women, racialized people, and those who have been incarcerated or enslaved. The authors also consider the weight of speech, and when restraints might be justified. Rich with illustrations that bring to life the personalities and the books that feature in its stories, Censored takes readers behind the scenes into the courtroom battles, legislative debates, public campaigns, and private exchanges that have shaped the course of literature. A vital reminder that the freedom of speech has always been fragile and never enjoyed equally by all, Censored offers lessons from the past to guard against threats to literature in a new political era.

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856-1914

Great Britain, International Law, and the Evolution of Maritime Strategic Thought, 1856-1914 PDF Author: Gabriela A. Frei
Publisher:
ISBN: 0198859937
Category : History
Languages : en
Pages : 251

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Book Description
Gabriela A. Frei examines how sea powers used international law as an instrument in foreign policy in the nineteenth and early twentieth centuries, illuminating key developments of international maritime law surrounding state practice, custom, and codification, and outlining the complex relationship between international law and maritime strategy.