Constitutional and Administrative Law

✍ Scribed by Alex Carroll

• Publisher: Pearson
• Year: 2021
• Tongue: English
• Leaves: 889
• Series: Foundation Studies in Law Series
• Edition: 10
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Front Cover
Half Title
Title Page
Copyright Page
Brief Contents
Contents
Foreword
Table of cases
Table of statutes
Table of statutory instruments
Table of treaties and conventions
Part 1 Foundations of the British system of constitutional and administrative law
1 Introduction to constitutional and administrative law
Objectives
What is a constitution?
The British constitution
The cultural dimension
Distinguishing between constitutional law and administrative law
The terminology of constitutional and administrative law
The geography of the constitution
The European dimension
Summary
Further reading
2 The characteristics of 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
3 Fundamental constitutional 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 relationship between EU law and Acts of Parliament
Summary
References
Further reading
4 Sources of constitutional 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
5 The European Union: British membership, institutions of government and sources of law
Objectives
Part A: Origins and development
The birth of the European ideal
Structural foundations of the European Union
Part B: Institutions of law and government
Structural outline
Part C: Sources of law
Primary EU law
Secondary EU law
6 Brexit (British withdrawal from the European Union)
Objectives
Why the UK left the European Union
Brexit case law
Legislation for withdrawal: the key legal instruments
The EU-UK Withdrawal Agreement 2019
The EU (Withdrawal Agreement) Act 2020
The European Union and United Kingdom Trade and Cooperation Agreement 2020
The European Union (Future Relationship) Act 2020
Part 3 The composition and workings of Parliament
7 The franchise and the electorate
Objectives
Introduction
Qualifications
Casting the vote
Disqualifications
Special categories of voters
Summary
Further reading
8 The House of Commons: 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
9 The House of Commons: 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
10 The House of Lords
Objectives
Origins and composition
Types of peers
Disclaimer and disqualifications
Attendance
Functions
Proposals for reform
Summary
References
Further reading
11 Parliamentary privilege
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 internal proceedings
Right of the House to punish for breach of privilege and contempt of Parliament
The courts and parliamentary privilege
The courts and contempt
Parliamentary privilege and the European Convention on Human Rights
Summary
References
Further reading
Part 4 The Executive
12 The Prime Minister and Cabinet
Objectives
Introduction
Choosing a Prime Minister
The powers of the Prime Minister
Factors contributing to the power of the Prime Minister
Limits on Prime Ministerial power
The Cabinet
The Ministerial Code of Conduct
Summary
References
Further reading
13 The royal prerogative
Objectives
Nature and significance
Principal remaining prerogatives
The prerogative and statute
The prerogative and the courts
Summary
References
Further reading
14 Legal liability of 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
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
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'Reilly v Mackman
Judicial review and contractual powers
Judicial review beyond statutory or prerogative powers
Summary
Reference
Further reading
Part 6 Human rights
17 The European Convention 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
18 The Human Rights Act 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
Reference
Further reading
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
Reference
Further reading
20 Restrictions on the 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
21 Restrictions on the 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 of justice
Freedom of expression, public order and national security
Freedom of information and data protection
Freedom of expression, the internet and the law of tort
Freedom of expression, the internet and the criminal law
Summary
References
Further reading
22 Freedom and emergency 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
Publisher's acknowledgements
Back Cover