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The controversy around the Government's handling of flooding last winter showed that arm's-length Government is confused and opaque. Organisational forms and names are inconsistent. Most public bodies answer to Ministers but some are directly accountable to Parliament. There is no agreement on how many types of body exist. There are overlaps and blurring between categories. Accountability arrangements and reforms so far have been ad hoc. The Government has reviewed non-departmental public bodies, but it should review all forms of arm's-length Government, including executive agencies and non-ministerial departments. The Government should establish a clear taxonomy of public bodies: constitutional bodies, independent public interest bodies, departmental sponsored bodies, and executive agencies. All public bodies should sit in one of the categories, so that it is clear how each is to be governed and sponsored. This is essential in order to clarify who is accountable for what. This would promote understanding of what is expected of relationships and explain the rationale for locating functions in particular organisational forms. Up to date, plain English statements of statuses, roles and relationships are needed even if the underlying arrangements are complicated. This is far from the reality in many cases, particularly in the NHS. With a budget of £95.6 billion NHS England is now by far the largest public body in England and its accountability should not be in any doubt, but it is still evolving. There is insufficient understanding across Government about how arms-length Government should work.
As the system of governance and delivery of social welfare in the UK radically changes, this important new book argues that the extent of this change is such that it could be considered a fundamental transformation or even a revolution. It shows how a new public governance perspective has replaced the dominance of new public management, reflecting the increasingly plural and fragmented nature of public policy implementation. Drawing on examples across a range of policy areas it assesses how changes in social policy and governance interact in the delivery of the main areas of social policy and social welfare. The book will be essential reading for researches, students and policy makers.
This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.
Since its first edition in 1985, The Changing Constitution has cemented its reputation for providing concise, scholarly and thought-provoking essays on the key issues surrounding the UK's constitutional development, and the current debates around reform. The eight edition of this highly successful volume is published at a time of accelerated constitutional change. This collection of essays brings together fourteen expert contributors to offer an invaluable source of material and analysis for all students of constitutional law and politics. Online Resource Centre This book is accompanied by an Online Resource Centre which includes updates on key developments, a 'library' of web links, and a timeline of key dates in British legal and political history.
Fresh, modern, and practical, Public Law provides law undergraduates with a unique approach to constitutional and administrative law, aptly demonstrating why this is an exciting time to be studying the subject. Writing in a fluid, succinct style, the authors carve a logical pathway through the key areas studied on the LLB, guiding students to a solid understanding of the fundamental principles. This theoretical grounding is then rooted in reality, with each concept applied to a hypothetical scenario (included at the start of each chapter) to set it into a practical context. While this practical element helps students to understand how the law applies and develop problem-solving skills, a trio of supportive learning features also encourages active engagement with and a critical appreciation of public law. 'Key case' boxes highlight and analyse the significant case law in each area; 'Counterpoint' boxes flag alternative viewpoints and areas of debate; and 'Pause for reflection' boxes prompt readers to consider the impact of laws, and what potential developments and reforms may lie ahead. Public Law's modern approach and unique combination of practical application and theoretically critical discussion makes it the ideal choice for students seeking to understand concepts not only in the abstract but in practice, helping them to develop the skills they need to succeed at university and beyond. Digital formats and resources This third edition is supported by online resources and is available for students or institutions to purchase in a variety of digital formats. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - Online resources to support the book feature multiple choice questions, guidance on approaching and analysing the real life scenarios in the book, legal updates, and links to useful material elsewhere on the web.
The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU’s relevant case law. The examination of the UK’s data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU’s data protection regime.
Public Law: Text, Cases, and Materials offers a fresh approach to the study of constitutional and administrative law by exploring how the law works in practice.The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles intoconcise, focused prose, and they encourage reflection through regular questions and hypothetical examples.This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the theoretical and political debates in this fascinating and dynamic area of law.Digital formats and resourcesThe fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources.- The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks- The online resources that support the book include multiple-choice questions with answer feedback for students to test their understanding
This book examines developments in governance reform in Britain, with a particular focus on the period since 2010. We argue that the experiences of the past decade mean that public value-based ideas are required to inform governance reform for the coming years. This needs to be prioritised due to the twin challenges of managing the aftermath of Brexit and navigating through the recovery phase of the COVID-19 pandemic. The volume outlines key themes, issues and debates relevant to contemporary public sector reform including: modes of state governance, evidence-based policy-making debates, the challenges and possibilities of public sector innovation, accountability issues, and the implications of Brexit. The overall conclusion of the book is that the coming decade presents an opportunity for more paradigmatic changes to UK governance but, for this to happen, political leaders need to prioritise a ‘reinventing government’ agenda underpinned by public value-based thinking and approaches. This book will be of particular interest to students of politics and public administration and relevant for those with general research interests in British governance and public policy.
As one of a small number of cross-government select committees, this Committee has gained a perspective on the state of Whitehall and its agencies which is not available to departmental select committees. Throughout the past five years, the recurring theme of their findings and recommendations reflects the importance of effective leadership in creating effective organisations. It is the positive or negative attitudes and behaviour in the people and the culture of an organisation which determines success or failure. Structures, processes and systems are important too, but preoccupation with these so often becomes a distraction from the real problems, which are about why people do not share information for the common good, collaborate effectively and trust one another. PASC took control of the process of selection of the Parliamentary and Health Service Ombudsman (PHSO) away from the Government altogether, so that for the first time Parliament has appointed its Ombudsman. They have also held many pre-appointment hearings for the Chairs of public bodies and were the first Select Committee to refuse to accept a government nomination for the chair of a public body. The Government was forced to re-run the selection for the post of Chair of the UK Statistics Authority under a new selection panel, and to propose a different candidate. They also hold hearings on PHSO's thematic reports, to interrogate and hold to account those who must respond to its recommendations. PASC has worked together effectively as a team despite political differences and the often controversial issues tackled
A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.