Buch(elektronisch)2023

Sceptical Perspectives on the Changing Constitution of the United Kingdom

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Abstract

Intro -- Acknowledgements -- Contents -- Contributors -- Introduction: The Case for the Political Constitution -- I. Introduction -- II. The British Constitution and Policymaking -- III. The New British Constitution: A Note of Scepticism -- IV. Outline of the Volume -- PART I: THE POLITICAL CONSTITUTION AND THE LAW -- 1. A (Brief) Case against Constitutional Supremacy -- I. Introduction: We've Been Here Before -- II. A (Brief) Case against Constitutional Supremacy -- III. The Unwritten Constitution During Times of 'Crisis' -- IV. Conclusion: Accepting the Human Foundations of Laws and Constitutions -- 2. Judicial Encroachment on the Political Constitution? -- I. Politics and the Judges -- II. The Political Constitution -- III. The Judicial Function -- IV. Crossing the Boundary Line -- V. Empowering the Judges -- VI. Widened Boundaries, Deeper Scrutiny -- VII. Back to Basics? -- 3. Legislative Freedom and its Consequences -- I. Introduction -- II. Stability and Contingency in Historical Perspective -- III. The Territorial Constitution -- IV. European Integration and International Law -- V. Human Rights Law Reform -- VI. Legislating about Judicial Review -- VII. Conclusion -- 4. A Great Forgetting: Common Law, Natural Law and the Human Rights Act -- I. Introduction -- II. Classic Common Law Rights -- III. Natural Law Roots -- IV. The Hobbesian Turn -- V. Custom and Deference -- VI. The Centring of Value -- 5. Law and Politics: The Nightmare and the Noble Dream -- I. Introduction -- II. The Lord Chancellor Today -- III. The Executive -- IV. The Judiciary -- V. The Intention of Parliament -- VI. Judicial Review and the Rule of Law -- VII. Reform of the Reform Agenda -- PART II: WESTMINSTER AND WHITEHALL -- 6. The Fixed-term Parliaments Act 2011: Out, Out Brief Candle -- I. Introduction -- II. Constitutional Balance -- III. The Effect of the FTPA.

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Buch(elektronisch)#12023

Sceptical perspectives on the changing constitution of the United Kingdom

Johnson, Richard; Zhu, Yuan Yi; UK Constitutional Reform: What Has Worked and What Hasn't? (Conference)

This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position