The Changing Constitution

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Author: Jeffrey L. Jowell,Dawn Oliver,Colm O'Cinneide

Publisher: Oxford University Press, USA

ISBN: 019870982X

Category: Law

Page: 420

View: 854

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eighth edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Itclarifies the scope of the powers exercised by central, developed and local governments within the UK, and the relationship between Britain, the EU and other regional and international legal systems. Online Resource Centre: This book is accompanied by an Online Resource Centre which includes a "library" of web links, and a timeline of key dates in British legal and political history.

The Changing Constitution

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Author: Sir Jeffrey Jowell,Dawn Oliver

Publisher: Oxford University Press

ISBN: 0199579059

Category: LAW

Page: 428

View: 4770

This collection of essays by leading experts in British constitutional law covers the main areas of recent reform and anticipates further developments. These are considered against a background of general principles, including constitutionalism, parliamentary sovereignty, membership of the EU, and globalisation.

The Changing Constitution

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Author: Sir Jeffrey Jowell,Dawn Oliver

Publisher: Oxford University Press

ISBN: 9780199205110

Category: Law

Page: 443

View: 8190

Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The sixth edition of a highly successful volume provides a thorough review of the latest developments in constitutional reform. It includes a new chapter on 'Constitutional Watchdogs' and expanded consideration of freedom of information and the control of public expenditure. Professors Jowell and Oliver have brought together nineteen expert contributors to offer an invaluable source of material and analysis for all students of public law.

The English Judges

Their Role in the Changing Constitution

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Author: Robert Stevens

Publisher: Hart Publishing

ISBN: 1841134953

Category: Law

Page: 209

View: 6689

Robert Stevens examines the political influences on the English judiciary and the influence the judiciary has had on politics during the 20th-century to ascertain what needs to be done to maintain its effectiveness in the 21st-century.

Changing Constitution

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Author: Kevin Harrison

Publisher: Edinburgh University Press

ISBN: 0748626662

Category: Political Science

Page: 240

View: 5830

This textbook provides an introduction to the topical subject of constitutional change in Britain. It considers the historical origins of the constitution but its main focus is on recent reforms and their likely impact. The key theme running throughout the book is the debate as to whether the constitution has undergone a revolutionary transformation or has gradually evolved.

Six Amendments

How and Why We Should Change the Constitution

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Author: John Paul Stevens

Publisher: Little, Brown

ISBN: 0316373745

Category: Political Science

Page: 192

View: 2678

For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. SIX AMENDMENTS is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, SIX AMENDMENTS is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

Constitutional Law for a Changing America

A Short Course

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Author: Lee Epstein,Thomas G. Walker

Publisher: CQ Press

ISBN: 1506398693

Category: Law

Page: 840

View: 3506

Drawing on political science as much as from legal studies, Constitutional Law for a Changing America helps students realize that Supreme Court cases are more than just legal names and citations. Ideal for a one-semester course, the Short Course offers all of the hallmarks of the Rights and Powers volumes in a more condensed format. The authors are known for fastidious revising and streamlining of decisions. A recipient of 12 grants from the National Science Foundation for her work on law and legal institutions, Lee Epstein has authored or co-authored over 100 articles and essays, as well as 15 books, and received the Teaching and Mentoring Award from the Law and Courts Section of the American Political Science Association. Additionally, Thomas G. Walker is the Goodrich C. White Professor of Political Science at Emory University and co-author of A Court Divided, which won the V. O. Key, Jr. Award for the best book on southern politics.

The British Constitution: Continuity and Change

A Festschrift for Vernon Bogdanor

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Author: Matt Qvortrup

Publisher: Bloomsbury Publishing

ISBN: 1782251936

Category: Law

Page: 212

View: 4186

Vernon Bogdanor once told The Guardian that he made 'a living of something that doesn't exist'. He also quipped that the British Constitution can be summed up in eight words: 'Whatever the Queen in Parliament decides is law.' That may still be the case, yet in many ways the once elusive British Constitution has now become much more grounded, much more tangible and much more based on written sources than was previously the case. It now exists in a way in which it previously did not. However, though the changes may seem revolutionary, much of the underlying structure remains unchanged; there are limits to the changes. Where does all this leave the Constitution? Here constitutional experts, political scientists and legal practitioners present up-to-date and in-depth commentaries on their respective areas of expertise. While also a Festschrift in honour of Vernon Bogdanor, this book is above all a comprehensive compendium on the present state of the British Constitution. 'The new constitutional politics has spawned a new constitutional scholarship. This stimulating collection, skilfully put together by Matt Qvortrup, works both as a welcome snapshot of where we are now and as an expert audit, from specialists in law, history and political science, of the deeper issues and of the complex dynamics of continuity and change in the ongoing refashioning of Britain's constitutional architecture.' Kevin Theakston, Professor of British Government, University of Leeds 'The highly distinguished team of scholars assembled by Matt Qvortrup has produced a deeply thought-provoking collection on the profound constitutional changes that have occurred in the UK over the last twenty years. A book worthy of reaching a very wide readership.' Roger Scully, Professor of Political Science, Cardiff University 'Vernon Bogdanor understands like few others the connections between history, politics and institutions - and that is what makes him such an authority on the British system of government.' The Rt Hon David Cameron MP, Prime Minister 'I think Vernon's guiding principle at Brasenose was to treat all his students as if they might one day be Prime Minister. At the time, I thought this was a bit over the top, but then a boy studying PPE at Brasenose two years beneath me became Prime Minister.' Toby Young, The Spectator

The Politics of Judicial Independence in the UK's Changing Constitution

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Author: Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien

Publisher: Cambridge University Press

ISBN: 1316240533

Category: Law

Page: N.A

View: 2202

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Rights-Based Constitutional Review

Constitutional Courts in a Changing Landscape

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Author: John Bell,Marie-Luce Paris

Publisher: Edward Elgar Publishing

ISBN: 1784717614

Category: Law

Page: 480

View: 8319

Constitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review. These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions. This multi-jurisdictional study will appeal to members of the judiciary, policymakers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.

Constitutional Originalism

A Debate

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Author: Robert W. Bennett,Lawrence B. Solum

Publisher: Cornell University Press

ISBN: 0801461111

Category: Law

Page: 224

View: 413

Problems of constitutional interpretation have many faces, but much of the contemporary discussion has focused on what has come to be called "originalism." The core of originalism is the belief that fidelity to the original understanding of the Constitution should constrain contemporary judges. As originalist thinking has evolved, it has become clear that there is a family of originalist theories, some emphasizing the intent of the framers, while others focus on the original public meaning of the constitutional text. This idea has enjoyed a modern resurgence, in good part in reaction to the assumption of more sweeping power by the judiciary, operating in the name of constitutional interpretation. Those arguing for a "living Constitution" that keeps up with a changing world and changing values have resisted originalism. This difference in legal philosophy and jurisprudence has, since the 1970s, spilled over into party politics and the partisan wrangling over court appointments from appellate courts to the Supreme Court. In Constitutional Originalism, Robert W. Bennett and Lawrence B. Solum elucidate the two sides of this debate and mediate between them in order to separate differences that are real from those that are only apparent. In a thorough exploration of the range of contemporary views on originalism, the authors articulate and defend sharply contrasting positions. Solum brings learning from the philosophy of language to his argument in favor of originalism, and Bennett highlights interpretational problems in the dispute-resolution context, describing instances in which a living Constitution is a more feasible and productive position. The book explores those contrasting positions, to be sure, but also uncovers important points of agreement for the interpretational enterprise. This provocative and absorbing book ends with a bibliographic essay that points to landmark works in the field and helps lay readers and students orient themselves within the literature of the debate.

The Regulatory State

Constitutional Implications

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Author: Dawn Oliver,Tony Prosser,Richard Rawlings

Publisher: Oxford University Press, USA

ISBN: 0199593175

Category: Law

Page: 337

View: 4066

This collection of fifteen essays by leading experts in regulation is unique in its focus on the constitutional implications of recent regulatory developments in the UK, the EU, and the US. The chapters reflect current developments and crises which are significant in many areas of public policy, not only regulation. These include the development of governance in place of government in many policy areas, the emergence of networks of public and private actors, the credit crunch, techniques for countering climate change, the implications for fundamental rights of regulatory arrangements and the development of complex accountability mechanisms designed to promote policy objectives. Constitutional issues discussed in The Regulatory State include regulatory governance, models of economic and social regulation, non-parliamentary rule-making, the UK's devolution arrangements and regulation, the credit crisis, the rationing of common resources, regulation and fundamental rights, the European Competition Network, private law making and European integration, innovative regulator sanctions recently introduced in the UK, the auditing of regulatory reform, and parliamentary oversight and judicial review of regulators. The introductory chapter focuses on testing times for regulation, and the concluding chapter draws ten lessons from the substantive chapters, noting the importance of regulatory diversity, the complexity of networks and relations between regulatory actors and the executive, the new challenges to regulatory habits posed by climate change and the credit crisis, the wider economic and legal context in which regulation takes place and the accountability networks - including judicial review, parliamentary oversight and audit - within which regulation operates.

Policing In A Changing Constitutional Order

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Author: Neil Walker

Publisher: N.A

ISBN: 9780421633704

Category: Political Science

Page: 349

View: 3234

Since the 1980s there have been major changes in police powers in the UK. This work examines these changes, discusses how the police are viewed under the constitution and how this has influenced their actions and reputation, and looks at the merits and demerits of the new constitutional changes.

The Politics of Judicial Independence in the UK's Changing Constitution

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Author: Graham Gee,Robert Hazell,Kate Malleson,Patrick O'Brien

Publisher: Cambridge University Press

ISBN: 1316240533

Category: Law

Page: N.A

View: 9174

Judicial independence is generally understood as requiring that judges must be insulated from political life. The central claim of this work is that far from standing apart from the political realm, judicial independence is a product of it. It is defined and protected through interactions between judges and politicians. In short, judicial independence is a political achievement. This is the main conclusion of a three-year research project on the major changes introduced by the Constitutional Reform Act 2005, and the consequences for judicial independence and accountability. The authors interviewed over 150 judges, politicians, civil servants and practitioners to understand the day-to-day processes of negotiation and interaction between politicians and judges. They conclude that the greatest threat to judicial independence in future may lie not from politicians actively seeking to undermine the courts, but rather from their increasing disengagement from the justice system and the judiciary.

Writing Democracy

The Norwegian Constitution 1814-2014

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Author: Karen Gammelgaard,Eirik Holmøyvik

Publisher: Berghahn Books

ISBN: 1782385053

Category: Political Science

Page: 288

View: 5503

The Norwegian Constitution is the oldest functioning constitution in Europe. Its bicentenary in 2014 has inspired the analyses in this volume, where contributors focus on the Constitution as a text to explore new ways of analyzing democratic development. This volume examines the framing of the Norwegian Constitution, its transformations, and its interpretations during the last two centuries. The textual focus enables new understandings of the framers' negotiations and decisions on a democratic micro level and opens new international and historical contexts to understanding the Norwegian Constitution. By synthesizing knowledge from different realms - law, social sciences, and the humanities – Writing Democracy provides a model for examining the distinct textual qualities of constitutional documents.

Understanding the Arizona Constitution

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Author: Toni McClory

Publisher: University of Arizona Press

ISBN: 0816534934

Category: Political Science

Page: 204

View: 6995

Arizona became the nation’s 48th state in 1912 and since that time the Arizona constitution has served as the template by which the state is governed. Toni McClory’s Understanding the Arizona Constitution has offered insight into the inner workings and interpretations of the document—and the government that it established—for almost a decade. Since the book’s first publication, significant constitutional changes have occurred, some even altering the very structure of state government itself. There have been dramatic veto battles, protracted budget wars, and other interbranch conflicts that have generated landmark constitutional rulings from the state courts. The new edition of this handy reference addresses many of the latest issues, including legislative term limits, Arizona’s new redistricting system, educational issues, like the controversial school voucher program, and the influence of special-interest money in the legislature. A total of 63 propositions have reached the ballot, spawning heated controversies over same-sex marriage, immigration, and other hot-button social issues. This book is the definitive guide to Arizona government and serves as a solid introductory text for classes on the Arizona Constitution. Extensive endnotes make it a useful reference for professionals within the government. Finally, it serves as a tool for any engaged citizen looking for information about online government resources, administrative rules, and voter rights. Comprehensive and clearly written, this book belongs on every Arizonan’s bookshelf.

The Constitution of India

A Contextual Analysis

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Author: Arun K Thiruvengadam

Publisher: Bloomsbury Publishing

ISBN: 1849468702

Category: Law

Page: 288

View: 9739

This book provides an overview of the content and functioning of the Indian Constitution, with an emphasis on the broader socio-political context. It focuses on the overarching principles and the main institutions of constitutional governance that the world's longest written constitution inaugurated in 1950. The nine chapters of the book deal with specific aspects of the Indian constitutional tradition as it has evolved across seven decades of India's existence as an independent nation. Beginning with the pre-history of the Constitution and its making, the book moves onto an examination of the structural features and actual operation of the Constitution's principal governance institutions. These include the executive and the parliament, the institutions of federalism and local government, and the judiciary. An unusual feature of Indian constitutionalism that is highlighted here is the role played by technocratic institutions such as the Election Commission, the Comptroller and Auditor General, and a set of new regulatory institutions, most of which were created during the 1990s. A considerable portion of the book evaluates issues relating to constitutional rights, directive principles and the constitutional regulation of multiple forms of identity in India. The important issue of constitutional change in India is approached from an atypical perspective. The book employs a narrative form to describe the twists, turns and challenges confronted across nearly seven decades of the working of the constitutional order. It departs from conventional Indian constitutional scholarship in placing less emphasis on constitutional doctrine (as evolved in judicial decisions delivered by the High Courts and the Supreme Court). Instead, the book turns the spotlight on the political bargains and extra-legal developments that have influenced constitutional evolution. Written in accessible prose that avoids undue legal jargon, the book aims at a general audience that is interested in understanding the complex yet fascinating challenges posed by constitutionalism in India. Its unconventional approach to some classic issues will stimulate the more seasoned student of constitutional law and politics.