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The Act contains provisions to establish a comprehensive statutory framework for the setting up of formal, independent inquiries by Ministers to examine matters of public concern. It applies throughout the UK and contains 53 clauses and three schedules relating to issues including the constitution, conversion and proceedings of inquiries; inquiry reports; the respective powers of ministers in the UK government, the Scottish Executive, Northern Ireland and Welsh Assembly governments.
The report The Inquiries Act 2005: Post-legislative Scrutiny (HL143) finds that the government is not using the legislation passed in the Inquiries Act 2005 enough, and is setting up inquiries with inadequate powers. The Committee urges the government to set up a Central Inquiries Unit to make the most of any lessons learned from past inquiries, and make the best use of collective knowledge and proficiency in this field. The unit would be a new center of expertise, which would enable future inquiries to hit the ground running while also being more efficient, more streamlined and less costly to the public. Overall the Inquiries Act 2005 is robust and effective, but the government is not using it in the way it should be. By setting up public inquiries outside of the Act, the government is creating inquiries which have inadequate powers to do their job. On 6 March 2014, the Home Secretary announced a judge-led inquiry into undercover policing, but did not say
This practical guide provides legal practitioners, participants, witnesses and all those with an interest in public inquiries, with stage-by-stage 'hands on' guidance on the process of public inquiries into matters of public concern. With its user-friendly format of summaries, checklists, 'top tips' and flow charts, this book looks at the setting up of a public inquiry through to its close. It includes information on: - the appointment of the chair and inquiry team; - the choice and significance of the venue; - the drawing up of inquiry procedures, protocols and rulings; - the appointment and role of core participants; - evidence taking; - conducting and attending hearings; - the role of experts; - the writing and publication of the inquiry report. Drawing on the authors' extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process.
Public Inquiries is written and edited by expert practitioners who have appeared in some of the most significant public inquiry cases over the last decade. Bringing together their wealth of practical experience, this new work functions as a complete handbook for all practitioners in this field.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Wade and Forsyth's Administrative Law has been a cornerstone text since publication of the first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over sixty years, this text has been trusted by students and is extensively cited by courts throughout the common law world. The book's clarity of exposition makes it accessible to students approaching the subject for the first time, whilst its breadth of coverage and perceptive insight ensure its value to all interested in the field, academics and practitioners alike.
'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.
This timely and pertinent collection looks at the variety of questions involved in the operation of Commissions of Inquiry (CoIs). Traditionally existing as pure fact-finding bodies, in recent times the function of CoIs has arguably shifted and broadened so as to provide a form of legal adjudication. This shift in their application merits scrutiny and this edited collection of essays addresses institutional and procedural aspects of CoIs, as well as issues in regards to the application and interpretation of the substantative law applied to them. Essay topics include the relationship of CoIs with, and impact upon, traditional forms of adjudication, the influences of international law upon the work of CoIs, through to issues of procedural fairness. Drawing upon the expertise of scholars working within in the field, it offers an insightful and critical analysis of CoIs.
This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.
This best-selling textbook covers the essential topics of undergraduate public law modules in an insightful and interesting way. The authors capture the vibrant nature of public law in practice and the key contemporary debates in the field.