Key ideas in law : the rule of law and the separation of powers

Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities? "Prompted by the events following the 2016 referendum on EU membership and written by one of the leading public lawyers of our day, this book considers the rule of law and separation of powers by examining the relations between the different branches, and the mechanisms of accountability within our democracy. Since the referendum, attention has refocused on the relationship and respective powers and competences of the three branches of the state: the legislature, the executive and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. It has also been highlighted by the debate about the rules and guidelines presented as rules made to deal with COVID-19. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?"-- Sommario fornito dall'editore "Prompted by the events following the 2016 referendum on EU membership and written by one of the leading public lawyers of our day, this book considers the rule of law and separation of powers by examining the relations between the different branches, and the mechanisms of accountability within our democracy. Since the referendum, attention has refocused on the relationship and respective powers and competences of the three branches of the state: the legislature, the executive and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. It has also been highlighted by the debate about the rules and guidelines presented as rules made to deal with COVID-19. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?"-- Provided by publisher Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK’s intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: Key Ideas in Law: Volume 3 "Ivor the Engine, Noggin the Nog, Pingwings, Pogles Wood, Clangers, and Bagpuss - the iconic animations produced by the Canterbury-based Smallfilms studio between 1958 and 1984 - constitute a significant thread of British cultural history. The lasting appeal of the imagined worlds created by Smallfilms is evident in the highly-successful BBC reboot of Clangers (2015-present), which has introduced a whole new audience to the pink moon mice. As well as the shows likely to be famiilar to readers, this history expands the Smallfilms story to include those less well-known animated shows that nonetheless played an important part in the studio's history. Through extensive studio access, interviews with many key Smallfilms collaborators, press and audience analysis, Chris Pallant provides a comprehensive and definitive historical record of the studio's work. Bagpuss and Beyond is illustrated with more than 100 images from the Smallfilms archive, including those that have not previously been published"-- Provided by publisher Contents 1. Overview 2. Formal and Substantive Conceptions of the Rule of Law 3. Dicey’s Rule of Law and the Twentieth-Century Critiques 4. Accessibility of Law 5. Avoiding Arbitrariness 6. Access to Justice 7. An Independent and Impartial Judiciary 8. The Separation of Powers and the Balance of Responsibilities 9. Enabling Majorities and Protecting Minorities in Our Democracy Acknowledgements Abbreviations Bibliography Table of Cases Table of Statutes