Description

 

In Constitutional and Administrative Law, the authors draw upon their extensive teaching and research experience to provide a contemporary and engaging account of the key topics which make up a typical Constitutional & Administrative or Public Law syllabus. Controversial issues and academic debates are also highlighted throughout making this the ideal textbook for anyone requiring a strong understanding of both the black letter principles and the wider socio-political context in which the constitutional arrangements of the UK have developed.

Features

• Offering detailed discussion of the core building blocks of the subject, this text provides a fascinating insight into the UK system of government, the constitutional principles upon which it is based, and the administrative rules and procedures which oversee its operation.
• Contemporary events, controversial issues and academic debates are highlighted throughout to provide you a with a strong understanding of the historical, social and political factors which continue to shape this area making this book ideal for use on all undergraduate Constitutional and Administrative Law or Public Law courses.
• A range of student-focused features, such as ‘thinking points’, ‘key issues’ and ‘insights’, are included within each chapter to highlight controversial areas and academic writings or debates, giving you a wider appreciation of the subject.
• End of chapter practice questions and detailed recommendations for further reading are available at the end of all chapters to support further study and help you to identify relevant academic works to consult in your independent study.  
• Diagrams and visual aids appear throughout the book to help you to master complex constitutional ideas.

New to this Edition

 

• Expanded coverage of human rights via a new, dedicated chapter on ‘Political Freedoms and Democratic Participation’ which provides more detailed coverage of a number of core civil liberties, including freedom of expression and the right to vote, and their role in supporting participation in the political process.
• Inclusion of a new section providing an overview of police powers.
• Discussion of the fall-out from the Brexit referendum decision, including the European Union (Withdrawal Bill) 2017 and the ongoing exit negotiations.
• Coverage of the 2017 general election and proposed changes to the Westminster parliamentary constituency boundaries.
• Outline of the Strathclyde proposals on the powers of the House of Lords.
• Analysis of the mooted replacement of the Human Rights Act 1998 with a British Bill of Rights.
• Dedicated examination of a number of significant cases include the Miller decisions, R (Evans) v Attorney General, HS2, and R (UNISON) v Lord Chancellor.

 

Table of Contents

Preface to the second edition xiii

Acknowledgements xvi

Table of cases xvii

Table of statutes xxxii

Part I

Constitutional regulation in the absence of a codified

constitution 1

1 The purposes and characteristics of constitutions 2

2 The domestic sources of the UK constitution 21

3 The United Kingdom Constitution and international legal orders 55

4 Law, politics and the nature of the United Kingdom Constitution 98

Part II

The theory and practice of the United Kingdom

Constitution 121

5 Parliamentary sovereignty 122

6 The rule of law 182

7 Separation of powers 221

Part III

Central government in the

United Kingdom 253

8 The executive 254

9 Parliament (I): the House of Commons 285

10 Parliament (II): the House of Lords 315

11 The United Kingdom Supreme Court and the office of Lord

Chancellor: towards an independent judicial branch? 340

Part IV

Decentralised government in the United Kingdom 357

12 The United Kingdom’s devolution arrangements 358

13 Devolution and the United Kingdom Constitution 393

Part V

Accountability (I): responsibility, scrutiny,

openness and good administration 429

14 Principles of political accountability 430

15 Parliamentary scrutiny of government 451

16 The Parliamentary Ombudsman 468

17 Freedom of information 485

Part VI

Accountability (II): the courts 505

18 Judicial review of administrative action – theory,

procedure and remedies 506

19 Judicial review of administrative action – grounds for review 541

20 The European Convention on Human Rights 595

21 The Human Rights Act 1998 647

22 Political freedoms and democratic participation 688

Index 721

Back Cover

 

In Constitutional and Administrative Law, the authors draw upon their extensive teaching and research experience to provide a contemporary and engaging account of the key topics which make up a typical Constitutional & Administrative or Public Law syllabus. Controversial issues and academic debates are also highlighted throughout making this the ideal textbook for anyone requiring a strong understanding of both the black letter principles and the wider socio-political context in which the constitutional arrangements of the UK have developed.

 

Fully updated with all the latest constitutional and legal developments in this area, this second edition contains:

• A dedicated chapter on ‘Political Freedoms and Democratic Participation’ which offers expanded coverage of important civil liberties, including freedom of expression and the right to vote.
• A new section providing an overview of police powers.
• Extensive coverage of the implications of the Brexit referendum decision, including the European Union (Withdrawal Bill) 2017 and the ongoing exit negotiations.
• Discussion of the implications of the 2017 general election and proposed changes to the Westminster parliamentary constituency boundaries.
• An outline of the Strathclyde proposals on the powers of the House of Lords.
• Discussion of the mooted replacement of the Human Rights Act 1998 with a British Bill of Rights.
• Detailed analysis of a number of significant cases include the Miller decisions, R (Evans) v Attorney General, HS2, and R (UNISON) v Lord Chancellor.

About the authors:

Roger Masterman is Professor of Law at Durham Law School, Durham University.

Colin Murray is a Senior Lecturer of Law at Newcastle Law School, Newcastle University.

Author

 

Roger Masterman is Professor of Law at Durham Law School, Durham University.

Colin Murray is a Senior Lecturer of Law at Newcastle Law School, Newcastle University.