The Changing Constitution

by Jowell, Jeffrey; Oliver, Dawn

• ISBN13: 9780199264391
• ISBN10: 0199264392
• Edition: 5th
• Format: Paperback
• Copyright: 2004-09-16
• Publisher: Oxford University Press

Summary

This collection of essays by leading specialists in British constitutional law covers the main areas of recent change and reform and anticipates further change. These are considered against the background of general principles and trends, including constitutionalism, parliamentary sovereignty, respect for human rights, membership of the European Community and Union, developing principles of democracy and globalisation.

Author Biography

Jeffrey Jowell QC is Professor of Public Law at University College London. He is vice president of the Venice Commission for Democracy Through Law. He has written widely in the field of constitutional and administrative law and planning and environment law and his works include leading textbooks as well as articles and reviews.
Dawn Oliver is Professor of Constitutional Law at University College London . Her teaching and research interests are in public law generally, and in constitutional reform, the Human Rights Act and the public law private law divide in particular. Her book on Constitutional Reform in the UK was published by OUP in 2003. She has published numerous articles and chapters on constitutional reform, the Human Rights Act 1998, and judicial review.

Table of Contents

Preface	v
Table of cases	xix
Table of legislation	xxv
List of abbreviations	xxxi
List of contributors	xxxiii
PART I THE CONSTITUTIONAL FRAMEWORK
Editorial note	3	(168)
1 THE RULE OF LAW TODAY	5	(21)
Jeffrey Jowell
2 THE SOVEREIGNTY OF PARLIAMENT-FORM OR SUBSTANCE?	26	(36)
Anthony Bradley
3 HUMAN RIGHTS AND THE BRITISH CONSTITUTION	62	(26)
Lord Lester of Herne Hill, QC and Lydia Clapinska
4 BRITAIN IN THE EUROPEAN UNION	88	(29)
Paul Craig
5 THE INTERNATIONALIZATION OF PUBLIC LAW AND ITS IMPACT ON THE UNITED KINGDOM	117	(27)
David Feldman
6 MODELS OF DEMOCRACY: FROM REPRESENTATION TO PARTICIPATION?	144	(27)
John Morison
PART II THE INSTITUTIONAL CONTEXT
Editorial note	171	(85)
7 SCOTTISH DEVOLUTION: ASPIRATIONS AND REALITY IN MULTI-LAYER GOVERNANCE	173	(22)
Barry K. Winetrobe
8 NORTHERN IRELAND, THE BELFAST AGREEMENT, AND THE BRITISH CONSTITUTION	195	(42)
Christopher McCrudden
9 DEVOLUTION IN THE UNITED KINGDOM AND THE ENGLISH AND WELSH QUESTIONS	237	(19)
Brigid Hadfield
10 THE MODERNIZATION OF THE UNITED KINGDOM PARLIAMENT	256	(24)
Dawn Oliver
11 THE EXECUTIVE: TOWARDS ACCOUNTABLE GOVERNMENT AND EFFECTIVE GOVERNANCE?	280	(24)
Gavin Drewry
12 THE NEW LOCAL GOVERNMENT	304	(19)
Ian Leigh
13 JUDICIAL POWER IN THE CHANGING CONSTITUTION	323	(26)
Andrew Le Sueur
PART III REGULATION AND THE CONSTITUTION
Editorial note	349	(2)
14 REGULATION, MARKETS, AND LEGITIMACY	351	(24)
Tony Prosser
15 THE CONTROL OF PUBLIC EXPENDITURE	375	(26)
John McEldowney
16 THE FREEDOM OF INFORMATION ACT 2000-A SHEEP IN WOLF'S CLOTHING?	401	(15)
Rodney Austin
17 STANDARDS OF CONDUCT IN PUBLIC LIFE	416	(23)
Patricia Leopold
Index	439