Constitutional and Administrative Law

✍ Scribed by Anthony Wilfred Bradley, Keith D. Ewing, Christopher Knight

• Publisher: Pearson
• Year: 2014
• Tongue: English
• Leaves: 825
• Edition: 16
• Category: Library

✦ Synopsis

This well-established text, now fully updated, provides an authoritative account of the public law of the United Kingdom, a dynamic and rapidly evolving area of study. Written in a clear and accessible style, the book provides a detailed exposition and analysis of the principles of constitutional law, the institutions of government, the relationship between the individual and the state, and administrative law. Constitutional and Administrative Law is the definitive volume on this challenging subject: it remains the leading text recommended for both undergraduate and postgraduate courses. It is relied upon by lawyers, politicians, political scientists and public administrators in the UK and beyond.

✦ Table of Contents

Cover
CONTENTS
PREFACE
TABLE OF LEGISLATION
TABLE OF CASES
ABBREVIATIONS
PART I Sources, structure and principles
1 Constitutional law – its meaning and sources
A. Constitutional law – its meaning and scope
B. The formal sources of constitutional law
C. Other rules and principles, including constitutional conventions
2 The structure of the United Kingdom
A. The historic structure
B. Devolution of government
3 Parliamentary supremacy
A. The growth of the legislative authority of Parliament
B. Meaning of legislative supremacy
C. The continuing nature of parliamentary supremacy
D. The Treaty of Union between England and Scotland
E. Conclusions
4 The rule of law
A. Historical development
B. The rule of law and its implications today
C. The separation of powers
5 Responsible and accountable government
A. The background
B. Collective responsibility
C. Individual responsibility of ministers
6 United Kingdom and the European Union
A. European Union institutions
B. European Union law
C. EU law and British constitutional law
D. Response of the courts
E. European Union Act 2011: sovereignty revisited
F. Conclusion
PART II The institutions of government
7 Composition of Parliament
A. The electoral system
B. Distribution of constituencies
C. Political parties
D. The conduct of elections
E. Supervision of elections
F. Electoral systems and electoral reform
G. Membership of the House of Commons
H. The House of Lords
I. Membership of the House of Lords
J. Conclusion
8 Role of Parliament
A. The functions of Parliament
B. Authorising expenditure and providing income
C. Enacting legislation – House of Commons procedure
D. Enacting legislation – House of Lords and after
E. Scrutiny of the administration
F. Conclusion
9 Privileges of Parliament
A. House of Commons
B. Financial interests and payment of members
C. House of Lords
10 The Crown and royal prerogative
A. The monarchy
B. Personal prerogatives of the monarch
C. The Queen in Council
D. The royal prerogative
E. The royal prerogative and the courts
F. Conclusion
11 Cabinet, government departments and civil service
A. The Prime Minister
B. The Cabinet
C. Ministers and departments
D. Civil service: organisation and accountability
E. Civil service: ethics and standards
F. Open government and freedom of information
G. Conclusion
12 Public bodies and public appointments
A. Evolution
B. Categories of public body
C. Status, functions and powers
D. Appointments to public bodies
E. Legality and accountability
F. Reform
G. Conclusion
13 Courts and the administration of justice
A. Judiciary and judicial appointments
B. Independence of the judiciary
C. Administration of justice and contempt of court
D. The executive and the machinery of justice
E. Prosecution of offenders and miscarriages of justice
F. Conclusion
PART III Personal liberty and human rights
14 Human Rights Act
A. The classical approach
B. European Convention on Human Rights
C. The Human Rights Act 1998
D. Enhanced Parliamentary scrutiny
E. Conclusion
15 Right to liberty and police powers
A. Police powers short of arrest
B. Police powers of arrest
C. Detention and questioning of suspects
D. Police powers of entry, search and seizure
E. Remedies for abuse of police powers
F. Accountability and control of the police
G. Conclusion
16 Right to privacy and surveillance powers
A. The case for protection
B. Surveillance: acquiring information
C. Interception of communications
D. Storing and processing information
E. Police databases
F. Privacy and the press
G. Conclusion
17 Right to freedom of expression
A. The nature of legal protection
B. Prior restraint: censorship and ownership
C. Regulation of television and radio
D. Offences against public order
E. Obscene publications
F. Defamation
G. Breach of confidence
H. Conclusion
18 Freedom of association and assembly
A. Freedom of association
B. The right of public meeting
C. Public processions and assemblies
D. Freedom of assembly and private property rights
E. Public order offences
F. Preventive powers of the police
G. Freedom of assembly and the Human Rights Act 1998
19 State security and official secrets
A. Security and intelligence
B. Security and intelligence services
C. Legal framework of security and intelligence services
D. Protection for state secrets and national security
E. Political scrutiny
F. Conclusion
20 Special and emergency powers
A. Use of troops in assisting the police
B. Legislative responses to terrorism – what is terrorism?
C. Legislative responses to terrorism – terrorist investigations, police powers and terrorist offences
D. Legislative responses to terrorism – detention without trial, control orders, TPIMs and secret justice
E. Emergency powers
F. Martial law
G. Conclusion
PART IV Administrative law
21 What is administrative law?
A. The functions and development of administrative law
B. Law and the administrative process
C. Conclusion
22 Delegated legislation
A. The need for delegated legislation
B. Types of delegated legislation
C. Control and supervision by Parliament
D. Challenge in the courts
E. Administrative rule-making
F. Conclusion
23 Administrative justice
A. Tribunals
B. Public inquiries
C. The Inquiries Act 2005
D. Ombudsmen
E. Conclusion
24 Judicial review I: the grounds of review
A. Judicial review on substantive grounds
B. Legitimate expectations
C. Review on procedural grounds
D. Conclusion
25 Judicial review II: procedure and remedies
A. The judicial review procedure
B. The extent of judicial review
C. The limitation and exclusion of judicial review
D. Remedies and relief
E. Conclusion
26 Liability of public authorities
A. Liability of public authorities and the Crown in tort
B. Contractual liability
C. Restitution and public authorities
D. The Crown in litigation: privileges and immunities
E. Conclusion
BIBLIOGRAPHY
INDEX