Cases and materials on constitutional and administrative law

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Edition Details

Creators or Attribution (Responsibility): Brian Thompson, M. J. Allen
Biografical Information: Brian Thompson is a senior lecturer in Law at the University of Liverpool. Michael Allen is a Member of the Criminal Cases Review Commission and formerly Professor of Law, Newcastle Law School. He is the author of a number of leading legal books, including Textbook on Criminal Law, also published by
OUP.
Language: English
Jurisdiction(s): England
Publication Information: Oxford [England] ; New York : Oxford University Press, 2005
Publication Type (Medium): Trials, litigation, etc, Cases
Material: Internet resource
Type: Book, Internet Resource
Other titles: Cases & materials on constitutional & administrative law
Constitutional and administrative law
Permalink: https://books.lawi.org.uk/cases-and-materials-on-constitutional-and-administrative-law/ (Stable identifier)

Short Description

XXXIV, 795 pages ; 25 cm

Purpose and Intended Audience

Useful for students learning an area of law, Cases and materials on constitutional and administrative law is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Michael J. Allen, Brian Thompson.
Publication Date: 2005
Country/State: England
Number of Editions: 61 editions
First edition Date: 1966
Last edition Date: 2011
General Notes: Includes index.
Languages: British English
Library of Congress Code: KD3930
Dewey Code: 342.410026
ISBN: 0199278792 9780199278794
OCLC: 57391250

Publisher Description:

This text provides students with access to the wide range of legal materials needed on undergraduate courses. The leading cases are combined with legal, political and philosophical materials linked together with notes and questions for discussion. The eighth edition has been fully revised and
updated to take account of the latest political, statutory, and case law developments.

Main Contents

Constitutional law in the United Kingdom
The legislative supremacy of parliament
The European Union
The rule of law
Constitutional conventions
Parliamentary government at work
Civil liberties
Judicial review : the grounds
The availability of judicial review
Ombudsmen
Statutory tribunals.

DETAILED CONTENTS
Preface 00
Acknowledgements 000
Table of Cases 000
Table of Statutes 000
Table of European Legislation 000
1 Constitutional Law in the United Kingdom 0
SECTION 1: Introduction 0
SECTION 2: Constitutionalism 00
SECTION 3: Legitimacy 00
SECTION 4: Democracy 00
SECTION 5: Limited Government 00
SECTION 6: The State 00
SECTION 7: Constitutional Reform 00
2 The Legislative Supremacy of Parliament 00
SECTION 1: The Legislative Supremacy of Parliament as a `Rule of Recognition’ 00
SECTION 2: The Political Context 00
SECTION 3: The Nature of the Legislative Supremacy of Parliament 00
A: Parliament &#x2013
the supreme law-making authority 00
B: The unlimited legislative powers of Parliament 00
C: Ruling on the validity of Parliament's enactments 00
SECTION 4: Can Parliament Limit the Powers of its Successors? 00
A: The problem of entrenchment 00
B: The Acts of Union 00
C: Independence 00
SECTION 5: Devolution and the Legislative Supremacy of Parliament 00
3 The European Union 000
SECTION 1: The Framework of the Union and the EC 000
SECTION 2: The Relationship between Community Law and UK Law 000
A: Supremacy of Community law 000
B: Direct effect and directives 000
4 The Rule of Law 000
SECTION 1: Government according to the Law 000
SECTION 2: The Rule of Law as a Broad Political Doctrine 000
A: Laws should be clear 000
B: Laws should be prospective 000
C: The independence of the judiciary must be guaranteed 000
SECTION 3: Dicey and the Rule of Law 000
A: The rule of law and discretionary powers 000
B: The rule of law and equality 000
C: The rule of law and individual rights 000
5 Constitutional Conventions 000
SECTION 1: Sources of the Constitution 000
SECTION 2: What are Conventions? 000
SECTION 3: Laws and Conventions 000
SECTION 4: The Nature of Conventions 000
SECTION 5: Devolution and the Sewel Convention 000
SECTION 6: Can Conventions Crystallize into Law? 000
SECTION 7: Conventions in the Courts 000
6 Parliamentary Government at Work 000
SECTION 1: The Role of Parliament 000
SECTION 2: Policy and Administration 000
A: Ministerial responsibility 000
B: Select Committees 000
C: The floor of the House of Commons 000
D: Correspondence 000
SECTION 3: Law-making 000
A: Types of legislative measure 000
B: Control 000
SECTION 4: Standards in Public Life 000
SECTION 5: Reform of the House of Lords 000
7 Civil Liberties 000
SECTION 1: Introduction 000
SECTION 2: The European Convention on Human Rights 000
A: The Convention in British courts prior to the Human Rights Act coming into force 000
SECTION 3: The Case for a Bill of Rights 000
SECTION 4: Incorporation of the European Convention on Human Rights into UK Law 000
A: The Human Rights Act 1998 000
B: The implications of the Human Rights Act for civil liberties 000
C: How does the Human Rights Act operate in practice? 000
SECTION 5: The European Union Charter of Fundamental Rights 000
8 Judicial Review: The Grounds 000
SECTION 1: Introduction 000
A: The role of judicial review in the constitution 000
B: The distinction between review and appeal 000
C: The use of judicial review 000
SECTION 2: The Grounds for Judicial Review 000
A: The prerogative orders 000
B: Illegality 000
C: Procedural impropriety 000
D: Irrationality 000
9 The Availability of Judicial Review 000
SECTION 1: The Claim for Judicial Review 000
SECTION 2: The Exclusivity Principle 000
SECTION 3: Who may apply for Judicial Review? 000
SECTION 4: Against whom and in respect of what activities may Judicial Review be sought? 000
SECTION 5: Justiciability 000
SECTION 6: Judicial Review as a Discretionary Remedy 000
A: The availability of alternative remedies 000
B: Needs of good administration 000
SECTION 7: Exclusion of Judicial Review 000
10 Ombudsmen 000
SECTION 1: Introduction 000
SECTION 2: Access to the Ombudsman 000
SECTION 3: Jurisdiction of the Ombudsman 000
A: Contractual and commercial matters 000
B: Public service personnel matters 000
C: Authorities outside scope 000
D: Rights of appeal to a tribunal or remedies in a court 000
SECTION 4: Meaning of Injustice in Consequence of Maladministration 000
SECTION 5: Conduct of Investigation 000
SECTION 6: Outcome of Investigations and Remedies 000
SECTION 7: Reform of the Institution of the Ombudsman 000
11 Statutory Tribunals 000
SECTION 1: Introduction: The Rationale for Tribunals 000
SECTION 2: The General Organization of Tribunals 000
A: Council on Tribunals 000
B: The presidential system 000
SECTION 3: The Characteristics of Tribunals 000
A: Appointment 000
B: Legal representation and legal aid 000
C: Rights of appeal 000
SECTION 4: Reform 000
Index 000

Cases and materials on constitutional and administrative law

Cases and materials on constitutional and administrative law