Constitutional and Administrative Law (10^th Ed.) Foundation Studies in Law Series

Langue : Anglais

Auteur : Carroll Alex

Couverture de l’ouvrage Constitutional and Administrative Law

Résumé
Sommaire
Biographie

Develop a strong understanding of legal issues and recent developments in Public Law

Constitutional and Administrative Law, 10th Edition, by Alex Carroll is a popular, student-friendly text that can be relied upon to give you a solid understanding of the essential legal and political issues that underpin the British system of government and the rights and freedoms of those subject to it. Designed specifically for LLB students, its content provides an effortless knowledge both of modern controversies and other key topics falling within Public law.

Some of the recent developments given detailed consideration include:

? The European Union (Withdrawal) Act 2018;

? The EU- UK Withdrawal Agreement 2020;

? The EU (Withdrawal Agreement) Act 2021;

? The convention of Ministerial responsibility in the Brexit crisis;

? The role of referendums in the British political and constitutional system;

? Enhanced coverage and analysis of the doctrines of the Rule of Law, the Separation of Powers, and the Sovereignty of Parliament;

? Parliamentary Privilege and the meaning of parliamentary proceedings (R ( Miller) v The Prime Minister [2019]);

? Contempt of Parliament and government failure to comply with resolutions of the House of Commons;

? Suspension of sittings of the House of Commons for improper purposes. Abuse of the prerogative (R (Miller) v The Prime Minister [2019]);

? Brexit and refusal of the Royal Assent;

? Public bodies, liability in negligence (Poole Borough Council v GN and Another [2019]);

? Liability of the police in damages, (Robinson v Chief Constable of West Yorkshire [2018]);

? Electronic surveillance. Legality (Big Brother Watch v United Kingdom [2019]);

? Kidnapping and the right to life (Olewnik-Cieplinska v Poland [2019]);

? Detention of football fans to prevent breaches of the peace. Legality (SV and A v Denmark [2018]);

? State of emergency, Turkish insurrection and the imprisonment of political dissidents (Alparslan v Turkey [2019]);

? Civil Partnerships and mixed sex couples (Steinfeld and Keiden v Secretary of State for International Development [2018]) ;

? Police retention of DNA samples and profi les. Legality (Gaughran v United Kingdom [2020]);

? Legality of pro-life protest (Dulgheriu v London Borough Council [2019]).

Alex Carroll, MPhil, LLB, Cert Ed, was formerly Senior Lecturer in Law at Manchester Metropolitan University. He has also taught at the University of Manchester, Keele University and the University of Hong Kong.

Contents

Table of cases

Table of statues

Table of treaties andconventions

Preface

Foreword

Acknowledgements

Part 1 Foundations of the British system of constitutional and

administrative law

Chapter 1 Introduction toconstitutional and administrative law

Objectives

What is a constitution?

The British constitution

The cultural dimension

Distinguishing between constitutional law andadministrative law

The terminology of constitutional and administrativelaw

The geography of the constitution

The European dimension

Summary

Further reading

Chapter 2 The characteristicsof the constitution

Objectives

Introduction

The unwritten constitution

Flexibility

Unitary

Constitutional monarchy

Bicameral sovereign Parliament

Representative democracy

Responsible government

The European Convention on Human Rights

Summary

References

Further reading

Chapter 3 Fundamentalconstitutional doctrines

Objectives

The Rule of Law

The Rule of Law in the United Kingdom

The separation of powers

The legislative supremacy of the Westminster Parliament

Application

Possible legal limitations

Political restraints

The relation between EU law and Acts of Parliament

Summary

References

Further reading

Chapter 4 Sources ofconstitutional and administrative law

Objectives

Introduction

Legislation

Judicial decisions

Constitutional conventions

European Convention on Human Rights

The law and custom of Parliament

Summary

References

Further reading

Part 2 The United Kingdom and the European Union

Chapter 5 The EuropeanUnion: British membership, institutions

of government and sourcesof law

Objectives

Part A: Origins anddevelopment

The birth of the European ideal

Structural foundations of the European Union

Part B: Institutions of lawand government

Structural outline

Part C: Sources of law

Primary EU law

Secondary EU law

Chapter 6 Brexit (Britishwithdrawal from the European Union)

Objectives

Why the UK left the EuropeanUnion

Attitudes towards Europe

The road to the referendum of 2016

The leaving process: TEU Article 50

Brexit case law

The Miller case

The Wilson case

Legislation for withdrawal:the key legal instruments

The EU (Withdrawal) Act 2018

Status and amendment of EU retained law

The EU-UK WithdrawalAgreement 2020

The legal basis

The EU (WithdrawalAgreement) Act 2020

General content

Key provisions

The European Union andUnited Kingdom Trade and Cooperation Agreement 2020

Background, purposes and general content

Law enforcement and judicial cooperation

Governance and institutional structure

Disputes procedure

The European Union (FutureRelationship) Act 2020

Background

General objectives

Implementation by regulation and the powers given toMinisters

Comment

Part 3 The composition and workings of Parliament

Chapter 7 The franchise andthe electorate

Objectives

Introduction

Qualifications

Casting the vote

Disqualifications

Special categories of voters

Summary

Further reading

Chapter 8 The House ofCommons: Members of Parliament

Objectives

Disqualifications

Effects of disqualification

Role and functions of MPs

The relationship between MP and party

The Recall of MPs Act 2015

Gender, ethnicity, background and related matters

Summary

References

Further reading

Chapter 9 The House ofCommons: principal functions

Objectives

Introduction

Legislation

Scrutiny of executive action

Scottish and Welsh affairs at Westminster

Northern Irish affairs at Westminster

Financial proceedings

Other functions of the House of Commons

Summary

References

Further reading

Chapter 10 The House ofLords

Objectives

Origins and composition

Types of peers

Disclaimer and disqualifications

Attendance

Functions

Proposals for reform

Summary

References

Further reading

Chapter 11 Parliamentaryprivilege

Objectives

Nature and sources

Freedom of speech

Freedom from arrest

Right of the House to regulate its own composition

Right of the House to regulate its internalproceedings

Right of the House to punish for breach of privilegeand contempt of Parliament

The courts and parliamentary privilege

The courts and contempt

Parliamentary privilege and the European Convention onHuman Rights

Summary

References

Further reading

Part 4 The Executive

Chapter 12 The PrimeMinister and Cabinet

Objectives

Introduction

Choosing a Prime Minister

The powers of the Prime Minister

Factors contributing to the power of the PrimeMinister

Limits on Prime Ministerial power

The Cabinet

The Ministerial Code of Conduct

Summary

References

Further reading

Chapter 13 The royalprerogative

Objectives

Nature and significance

Principal remaining prerogatives

The prerogative and statute

The prerogative and the courts

Summary

References

Further reading

Chapter 14 Legal liabilityof the Crown and public authorities

Objectives

Introduction: the Crown

Public authorities generally

Negligence and statutory powers

Remedies

Public interest immunity

Public interest immunity and criminal proceedings

Public interest immunity and national security

Summary

References

Further reading

Part 5 Judicial supervision of executive power

Chapter 15 Judicial review:nature and grounds for

Objectives

The nature of judicial review

Judicial review and constitutional fundamentals

The scope of judicial review

Power and jurisdiction

Review and appeal contrasted

Grounds for judicial review

Illegality

Jurisdictional control

Control of discretion

Reasonableness, rationality and proportionality

Procedural impropriety

Summary

References

Further reading

Chapter 16 Judicial review:applications for, exclusion of, and exclusivity

Objectives

Applying for judicial review

The procedure

Remedies

Relator proceedings

Exclusion of judicial review and ouster clauses

Subjectively worded powers

Alternative remedies

Justiciability

Exclusivity

The rule in O'Reillyv Mackman

Judicial review and contractual powers

Judicial review beyond statutory or prerogative powers

Summary

Reference

Further reading

Part 6 Human rights

Chapter 17 The EuropeanConvention on Human Rights

Objectives

Introduction

Formulation

The European Court of Human Rights

General principles of European human rights law

The rights protected by the Convention

Summary

References

Further reading

Chapter 18 The Human RightsAct 1998

Objectives

Freedom versus rights

Objectives of the 1998 Act

Principal provisions

Extra-territorial effect

Human rights and judicial review

Application of the Human Rights Act

Derogation from the Human Rights Act

Summary

References

Further reading

Chapter 19 Police powers,personal liberty and privacy

Objectives

Personal freedom

Stop and search

Arrest

Detention and questioning

Interviewing suspects

Inadmissible evidence

Entry, search and seizure

Surveillance

Remedies for police malpractice

Police Community Support Officers

Summary

References

Further reading

Chapter 20 Restrictions onthe rights of freedom of assembly and association

Objectives

Introduction: the freedoms defined

Statutory restrictions on marches and assemblies

Common law preventative powers

Statutory public order offences

Other relevant statutory offences

Common law offences

Summary

Further reading

Chapter 21 Restrictions onthe rights of freedom of expression and information

Objectives

Introduction

Freedom of expression and the mass media

Freedom of expression, obscenity and pornography

Freedom of expression and the administration ofjustice

Freedom of expression, public order and nationalsecurity

Freedom of information and data protection

Freedom of expression, the internet and the law oftort

Freedom of expression, the internet and the criminallaw

Summary

References

Further reading

Chapter 22 Freedom andemergency powers

Objectives

Emergency powers in general

Emergency powers in wartime

Emergency powers and terrorism

Counter-Terrorism and Security Act 2015

Emergency powers in peacetime

Emergencies and the common law

Summary

References

Further reading

Glossary

Index

Alex Carroll, MPhil, LLB, Cert Ed, was formerly Senior Lecturer in Law at Manchester Metropolitan University.

He has also taught at the University of Manchester, Keele University and the University of Hong Kong.

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Date de parution : 06-2021

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Thème de Constitutional and Administrative Law :

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Constitutional and Administrative Law (10th Ed.) Foundation Studies in Law Series

Auteur : Carroll Alex

Résumé

Sommaire

Biographie

Thème de Constitutional and Administrative Law :

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Constitutional and Administrative Law (10^th Ed.) Foundation Studies in Law Series