The Constitution of the United Kingdom: A Contextual Analysis (Constitutional Systems of the World)

Praise for the previous editions“[A] slim guide to the constitution of the United Kingdom that is both highly readable and impressively thorough. It deserves a place on undergraduate reading lists ... [students] will certainly find it worth their while'Cambridge Law Journal “[The] written style is admirably clear, conversational and free from jargon ... It will be of immense interest to anybody with a general interest in UK law, politics and history.” Times Higher Education This timely new edition addresses the many constitutional changes that have arisen since 2016 (including those brought about by Brexit and the COVID-19 pandemic) whilst retaining its hallmark features of clarity and concision. Adopting a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the territorial distribution of power. In addition, it offers analysis of the evolution of the UK's historic non-codified constitution, its strengths and perceived weaknesses, and of reform initiatives. Engaging with the central issues in play as the UK enters a new chapter, it explores the impact on devolved government, the principle of sovereignty, the role of the courts and parliamentary reform. As well as providing a contextual and authoritative overview of the principles, doctrines and institutions that underpin the elusive constitution, this study will allow students of law and politics, both from the UK and abroad, to develop an informed view of how it actually works. Preface to the Fourth Edition Acknowledgements Contents Table of Cases Table of Legislation Other Materials 1. UK Constitution Context and History Introduction Constitutional Contexts Constitutional History Conclusion Further Reading 2. Sources of the Constitution Introduction Statute Law The Common Law European Union Law European Convention on Human Rights Legal Treatises The Law and Customs of Parliament The Royal Prerogative Conventions as a Constitutional Source Defining Conventions The Practical Importance of Constitutional Conventions Conclusion Further Reading 3. Constitutional Principles Introduction Parliamentary Sovereignty The Rule of Law and Separation of Powers Conclusion Further Reading 4. Constitutional Monarchy Introduction What is the Royal Prerogative? The Constitutional Role of the Monarchy Does the Monarch Retain Real Power? What is the 'Crown'? Liability of the Crown in Tort and Contract Evaluation: Preservation, Reform, or Abolition? Conclusion Further Reading 5. Parliament Introduction General Elections Parliament: Composition and Procedure The House of Lords Parliament as Legislator Parliament as Watchdog Conclusion Further Reading 6. Government and Executive Introduction The Prime Minister and the Government Ministers and Civil Service Conclusion Further Reading 7. The Constitutional Role of the Courts Introduction The Role of the Courts Administrative Law and Judicial Review The Constitutional Protection of Rights and the Human Conclusion Further Reading 8. Devolution Introduction Historical Backdrop Institutional Features: Scotland and Wales A New Form of Devolution for Northern Ireland Intergovernmental Relations: Concordats Legal Sovereignty and the Sewel Convention Devolution and the Courts The Scottish Referendum and the Consolidation of Devolution Finance and Tax-raising Devolution and Brexit Devolution and England The West Lothian Question and Constitutional Reform Conclusion Further Reading 9. Local Government Introduction Mayors, Cities, Regions The Wider Structure of Local Government The Financing of Local Government From Compulsory Competitive Tendering to Best Value Citizen Participation and the Big Society The Accountability of Local Government Conclusion Further Reading 10. The UK Constitution: The Way Ahead? Introduction Parliament and Civil Service: Challenges to Core Institutions The Integrity of the UK as a Nation State Is there a Case for the Introduction of a Codified Constitution? Conclusion Further Reading Index "This acclaimed book provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. The third edition of The Constitution of the United Kingdom has been comprehensively revised and updated to take account of recent constitutional developments and debates. This includes: the revised framework for devolution following the 2014 referendum in Scotland, the constitutional ramifications of the realignment of UK politics reflected in the result of the 2015 general election and the debate over the possible replacement of the Human Rights Act 1998 with a British Bill of Rights. The chapters are written in sufficient detail for anyone coming to the subject for the first time to develop a clear and informed view of how the constitution is arranged and how it operates. The main themes include: discussion of the history, sources and conventions of the constitution; later chapters deal with: constitutional principles, the role of the Crown, Parliament and the electoral system, government and the executive, the constitutional role of courts including the protection of human rights, the territorial distribution of power between central, devolved and local government, and the European Union dimension. In addition, the book offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of reforms aimed at its modernisation"--Unedited summary from book cover. "No one could have imagined when the last edition of this acclaimed book published in 2016, the constitutional earthquakes that were to follow. Brexit, Miller, three prime ministers: little of the United Kingdom's constitution was unaffected. This much needed new edition retains its hallmark clarity and coherence, with sufficient detail for the novice to develop an informed view of how the constitution works. Taking a thematic approach, it discusses questions of history, sources and conventions, the role of the Crown, Parliament and the electoral system, government and the executive, the judiciary, and the distribution of power. In addition, it offers analysis of the evolution of the uncodified UK constitution, its strengths and perceived weaknesses, and of modernising reforms. This significantly updated edition provides a topical and contextual outline of the principles, doctrines and institutions that underpin the United Kingdom constitution. Engaging with the central issues in play as the UK enters a new chapter of its constitutional story, it explores Brexit, devolution, the Fixed Term Parliament Act, parliamentary sovereignty, and House of Lords reform. Combining clarity and authority, the author makes sense of a fascinating but sometimes impenetrable subject"-- Provided by publisher