Exploring Constitutional and Administrative Law

Cover
Contents
Guided tour
Preface and acknowledgements
Table of cases
Table of statutes
Part I Constitutional regulation in the absence of a codified constitution
	1 The purposes and characteristics of constitutions
		Chapter outline
		The nature and purpose of constitutions
		Characteristics of constitutions – does the United Kingdom have a constitution?
		The content of constitutions
		Forms of constitutions
		The United Kingdom Constitution
		Practice questions
		Further reading
	2 The domestic sources of the United Kingdom Constitution
		Chapter outline
		Introduction: a constitution built using different materials
		Legal sources of the constitution
		Non-legal sources of the constitution
		Conclusion
		Practice questions
		Further reading
	3 The United Kingdom Constitution and international legal orders
		Chapter outline
		Introduction: a new source of constitutional law?
		The United Kingdom’s Constitution and public international law
		The United Kingdom and the European Union
		Conclusion
		Practice questions
		Further reading
	4 Law, politics and the nature of the United Kingdom Constitution
		Chapter outline
		Introduction: the relationships between law and politics
		Two competing ideas of constitutionalism
		Judges and political questions
		The differing responses of law and politics illustrated
		Conclusion: the legalisation of the United Kingdom Constitution?
		Practice questions
		Further reading
Part II The theory and practice of the United Kingdom Constitution
	5 Parliamentary sovereignty
		Chapter outline
		Introduction
		Diceyan orthodoxy: the legally unlimited power of Parliament
		Parliamentary sovereignty: a legal or political construct?
		Can Parliament bind itself?
		What is an Act of Parliament?
		The relationships between primary legislation and other sources of law
		Contemporary challenges to parliamentary sovereignty
		Does the orthodox account of parliamentary sovereignty retain currency?
		Conclusion
		Practice questions
		Further reading
	6 The rule of law
		Chapter outline
		Introduction
		The rule of law’s domain
		The core rule of law
		The extended rule of law
		The substantive rule of law
		Conclusion
		Practice questions
		Further reading
	7 Separation of powers
		Chapter outline
		Introduction
		The theory and aims of separation of powers
		Governmental institutions and functions
		Separation of powers in the United Kingdom Constitution (I): a partial division of functions?
		Separation of powers in the United Kingdom (II): partially separated institutions?
		Constitutional checks and balances
		Conclusion
		Practice questions
		Further reading
Part III Structures of national government in the United Kingdom
	8 The executive
		Chapter outline
		Introduction
		From absolute monarchy to the modern executive
		The composition and role of the modern executive
		Conclusion
		Practice questions
		Further reading
	9 Parliament (I): the House of Commons
		Chapter outline
		Introduction: Parliament
		The composition of the House of Commons
		The role and functions of the House of Commons
		The pre-eminent House of Parliament
		The question of ‘elective dictatorship’
		Electoral systems and electoral reform
		Conclusion
		Practice questions
		Further reading
	10 Parliament (II): the House of Lords
		Chapter outline
		Introduction
		The composition of the House of Lords
		Role of the House of Lords
		Reform of the House of Lords
		Conclusion
		Practice questions
		Further reading
	11 The United Kingdom Supreme Court and the office of Lord Chancellor: towards an independent judicial branch?
		Chapter outline
		Introduction
		The apex of the United Kingdom judicial system prior to the Constitutional Reform Act 2005
		The pressure for institutional reform of the judiciary
		The Constitutional Reform Act 2005
		Conclusion
		Practice questions
		Further reading
Part IV Sub-national structures of government
	12 The United Kingdom’s devolution arrangements
		Chapter outline
		Introduction
		From union to devolution
		Devolution in practice: Scotland
		Devolution in practice: Wales
		Devolution in practice: Northern Ireland
		Conclusion
		Practice questions
		Further reading
	13 Devolution and the United Kingdom Constitution
		Chapter outline
		Introduction
		The subordinate nature of the devolved legislatures
		The English and West Lothian questions
		Tackling the English and West Lothian questions
		Conclusion
		Practice questions
		Further reading
Part V Accountability (I): responsibility, scrutiny, openness and good administration
	14 Principles of political accountability
		Chapter outline
		Introduction
		Political and legal accountability distinguished
		Open government and effective accountability
		Individual ministerial responsibility
		Sanctions and effectiveness
		Conclusion
		Practice questions
		Further reading
	15 Parliamentary scrutiny of government
		Chapter outline
		Introduction
		Scrutiny in Parliament
		Reforming parliamentary scrutiny: the Wright reforms
		Assessing parliamentary scrutiny of government
		Conclusion
		Practice questions
		Further reading
	16 The Parliamentary Ombudsman
		Chapter outline
		Introduction
		The work of the Parliamentary Ombudsman
		Remedies and redress
		Efficiency and effectiveness
		Conclusion
		Practice questions
		Further reading
	17 Freedom of information
		Chapter outline
		Introduction
		The Freedom of Information Act 2000
		Assessing the impact of the Freedom of Information Act
		Conclusion
		Practice questions
		Further reading
Part VI Accountability (II): the courts
	18 Judicial review of administrative action – theory, procedure and remedies
		Chapter outline
		Introduction
		The constitutional role of judicial review
		Procedural elements of a judicial review
		Remedies available under judicial review
		Conclusion
		Practice questions
		Further reading
	19 Judicial review of administrative action – grounds for review
		Chapter outline
		Introduction
		Illegality
		Irrationality
		Procedural impropriety
		Legitimate expections
		Conclusion
		Practice questions
		Further reading
	20 The European Convention on Human Rights
		Chapter outline
		Introduction
		The nature of human rights
		The development of the ECHR and associated institutions
		The rights and freedoms protected under the ECHR
		Human rights and trade-offs under the ECHR
		Conclusion
		Practice questions
		Further reading
	21 The Human Rights Act
		Chapter outline
		Introduction
		From civil liberties to human rights
		Incorporating the Convention
		The HRA and legislation
		Employing the Convention rights under the HRA
		Conclusion
		Practice questions
		Further reading
Index