Constitutional and Administrative Law

Series
Pearson
Author
A. Bradley / K. Ewing / Christopher Knight  
Publisher
Pearson
Cover
Softcover
Edition
17
Language
English
Total pages
832
Pub.-date
May 2018
ISBN13
9781292185866
ISBN
1292185864
Related Titles



Description

First published in the 1930s, Bradley, Ewing and Knight is one of the UK’s best known law textbooks of all time. Written by a team of senior academics and a leading public law practitioner, the book is the definitive guide to all aspects of the constitution, and has been cited by courts across the world, including the UK’s Supreme Court.

 

At its heart however, the book remains a student textbook with one fundamental aim; to provide all law students with a readable and comprehensive grounding in Public Law suitable for use on both first year modules, and more advanced courses.

Features

  • Written by leading figures in the field, including senior academics and a leading practitioner at the public law bar, providing a unique perspective of public law principles both in theory and in practice.
  • Offers wide-ranging, comprehensive and detailed coverage of all aspects of the constitution which is unrivalled by any other textbook in the field but which is nevertheless eminently readable for undergraduate students.
  • Reflects the framework of contemporary constitutional and administrative or public law modules, covering the constitution as a whole in four discrete parts including; (i) the core principles of the constitution, (ii) the institutions of government, (iii) civil liberties and human rights; and (iv) judicial review and the legal accountability of government.  
  •  The organisation and structure of the book make it relevant for multiple modules, providing a grounding in all aspects of Public Law, from general year 1 courses to more advanced courses in later years on Civil Liberties and Administrative Law respectively.
  • Supports further independent study by extensive referencing which provide guidance for further reading to cases, parliamentary papers and academic articles.
  • Highlights key cases throughout via a range of extended summaries to ensure students are equipped with a detailed understanding of the essential cases that have influenced the UK’s constitution.
  • The book continues to evolve to take account of the major changes in what has become a very fast moving and ever growing subject.  The changes to each edition are seamless, designed to reinforce the historical context and constitutional continuity of a system in a state of constant flux.
  • The authority and reliability of the book has been widely recognised judicially, having been cited by courts at almost every level in the United Kingdom (including the Supreme Court), as well as by courts in other jurisdictions, large and small, all over the world.

 

New to this Edition

 

This 17th edition has been substantially updated to reflect the major constitutional upheavals of recent times, including:  

  • Consideration of the impact of R (Miller) v Secretary of State for Exiting the EU across a range of chapters on Parliamentary sovereignty, the rule of law, devolution, and the relationship between EU law and national law.
  • A total rewrite of chapter 6 on Britain and the EU, with a full analysis of the constitutional implications of Brexit, including the Miller decision and the legal and constitutional consequences of withdrawal;
  • Discussion of the use of the rule of law by the Supreme Court in recent high-profile decisions such as Evans (Prince Charles’ letters and the executive veto) and Unison (employment tribunal fees).
  • Re-examination of the devolution settlements following the Scottish independence referendum, Brexit, the Scotland Act 2016 and the Wales Act 2017, along with expanded consideration of local government within the constitution.
  • An expansion of the treatment of anti-terrorism legislation to take account of the Counter-Terrorism and Security Act 2015 and the government's Prevent programme, with specific reference to the implications for universities and free speech; 
  • A major rewrite of substantial parts of chapter 16 on privacy and surveillance, to take in the Investigatory Powers Act 2016, the so-called 'snooper's charter', and the extensive powers it contains;
  • The inclusion of important parliamentary reforms, such as those relating to the recall of MPs, English votes for English laws ('EVEL'), and the various measures addressing House of Lords reform;
  • The constitutional implications of the general election 2017 and the minority government led by May, and the consequences of the 2017 election for the Fixed-term Parliaments Act 2011;
  • The debates about the future of the Human Rights Act 1998, and full coverage of major Supreme Court decisions on human rights, including Hicks on freedom of assembly;
  • The changes to press self-regulation since the Leveson report in 2012.
  • Developments in the law of judicial review, including Supreme Court case law on proportionality in domestic law in KennedyPham and Keyu.
  • Consideration of the amendments to judicial review procedure by the Crime and Courts Act 2015, including their effect on access to justice.

 

Table of Contents

PART I
Sources, structure and principles
1 Constitutional law – its meaning and sources
2 The structure of the United Kingdom
3 Parliamentary supremacy
4 The rule of law
5 Responsible and accountable government
6 United Kingdom and the European Union


PART II
The institutions of government
7 Composition of Parliament
8 Role of Parliament
9 Privileges of Parliament
10 The Crown and royal prerogative
11 Cabinet, government departments and civil service
12 Public bodies and public appointments
13 Courts and the administration of justice


PART III
Personal liberty and human rights
14 Human Rights Act
15 Right to liberty and police powers
16 Right to privacy and surveillance powers
17 Right to freedom of expression
18 Freedom of association and assembly
19 State security and official secrets
20 Special and emergency powers
PART IV
Administrative law 581
21 What is administrative law? 583
22 Delegated legislation 595
23 Administrative justice 614
24 Judicial review I: the grounds of review 641
25 Judicial review II: procedure and remedies 681
26 Liability of public authorities 710
Bibliography 745
Index

Back Cover

First published in the 1930s, Bradley, Ewing and Knight’s Constitutional and Administrative Law is one of the UK’s best known law textbooks of all time. Written by senior academics and a leading public law practitioner, the book is the definitive guide to all aspects of the constitution, and has been cited by courts across the world, including the UK’s Supreme Court. At its heart, however, the book remains a student textbook with one fundamental aim: to provide all law students with an accessible and comprehensive grounding in public law, suitable for use on both first year modules and more advanced optional courses.

This 17th edition has been substantially updated to reflect the major constitutional upheavals of recent times, including:  

 

·    Consideration of the impact of R (Miller) v Secretary of State for Exiting the EU across a range of chapters on Parliamentary sovereignty, the rule of law, devolution, and the relationship between EU law and national law.

 

·    A re-written chapter on Britain and the EU, with a full analysis of the constitutional implications of Brexit.

 

·    Discussion of the use of the rule of law by the Supreme Court in recent high-profile decisions such as Evans (Prince Charles’ letters and the executive veto) and Unison (employment tribunal fees).

 

·    A substantial rewrite of the chapter on privacy and surveillance, to take in the Investigatory Powers Act 2016 (the so-called 'snooper's charter').

 

·    A re-examination of the devolution settlements following the Scottish independence referendum, Brexit, the Scotland Act 2016 and the Wales Act 2017, along with expanded consideration of local government within the constitution.

 

 

About the authors

Keith Ewing is Professor of Public Law at King’s College London.

Christopher Knight is a barrister at 11KBW who practises in public law. Amongst other cases, he was junior counsel for the Government in Miller.

 

Author

Keith Ewing is Professor of Public Law at King’s College London.

 

Christopher Knight is a barrister at 11KBW who practises in public law. Amongst many other cases, he was junior counsel for the Secretary of State in Miller. He published widely and is a member of the Editorial Committee of Public Law.