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The relations of Great Britain and its Dominions significantly influenced the development of the British Empire in the late 19th and the first third of the 20th century. The mutual attitude to the constitutional issues that Dominion and British leaders have continually discussed at Colonial and Imperial Conferences respectively was one of the main aspects forming the links between the mother country and the autonomous overseas territories. This volume therefore focuses on the key period when the importance of the Dominions not only increased within the Empire itself, but also in the sphere of the international relations, and the Dominions gained the opportunity to influence the forming of the Imperial foreign policy. During the first third of the 20th century, the British Empire gradually transformed into the British Commonwealth of Nations, in which the importance of Dominions excelled. The work is based on the study of unreleased sources from British archives, a large number of published documents and extensive relevant literature.
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This book explores how the governmental elites in Australia, Britain, Canada, New Zealand, and South Africa understand their Westminster system. It examines in detail four interrelated features of Westminster systems. Firstly, the increasing centralisation in collective, responsible cabinet government. Second, the constitutional convention of ministerial and collective responsibility. Third, the role of a professional, non-partisan public service. And finally, parliament's relationship to the executive. The authors explain the changes that have occured in the Westminster model by analysing four traditions: royal prerogative, responsible government, constitutional bureaucracy, and representative government. They suggest that each tradition has a recurring dilemma, between centralisation and decentralisation, party government and ministerial responsibility, professionalisation and politicisation, and finally elitism and participation. They go on to argue that these dilemmas recur in four present-day debates: the growth of prime ministerial power, the decline in individual and collective ministerial accountability, politicisation of the public service, and executive dominance of the legislature. They conclude by identifying five meanings of - or narratives about - Westminster. Firstly, 'Westminster as heritage' - elite actors' shared governmental narrative understood as both precedents and nostalgia. Second, 'Westminster as political tool' - the expedient cloak worn by governments and politicians to defend themselves and criticise opponents. Third, 'Westminster as legitimising tradition' - providing legitimacy and a context for elite actions, serving as a point of reference to navigate this uncertain world. Fourth, 'Westminster as institutional category' - it remains a useful descriptor of a loose family of governments with shared origins and characteristics. Finally, 'Westminster as an effective political system' - it is a more effective and efficient political system than consensual parliamentary governments. Westminster is a flexible family of ideas that is useful for many purposes and survives, even thrives, because of its meaning in use to élite actors.
Colonial hierarchy and race fueled rapid militarization in the British Empire that shaped the violent course of the twentieth century. This innovative study reveals the colonial backstory of a century that witnessed total war, resulting in new political norms that enthrone 'national security' as the dominating feature of contemporary politics.
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
The driving force of the dynamic development of world legal history in the past few centuries, with the dominance of the West, was clearly the demands of modernisation – transforming existing reality into what is seen as modern. The need for modernisation, determining the development of modern law, however, clashed with the need to preserve cultural identity rooted in national traditions. With selected examples of different legal institutions, countries and periods, the authors of the essays in the two volumes Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. I: Private Law and Modernisation, National Identity and Legal Instrumentalism: Studies in Comparative Legal History, vol. II: Public Law seek to explain the nature of this problem. Contributors are Judit Beke-Martos, Jiří Brňovják, Marjorie Carvalho de Souza, Michał Gałędek, Imre Képessy, Ivan Kosnica, Simon Lavis, Maja Maciejewska-Szałas, Tadeusz Maciejewski, Thomas Mohr, Balázs Pálvölgyi, and Marek Starý.
Who killed the British Empire? Why did history's largest imperial system collapse dramatically in the years following the Second World War? In this book, George Woodcock seeks to uncover the conspiracy of human wills and impersonal circumstances that brought the Second British Empire to its sudden end. The book opens in 1930with the Empire at the point of its greatest expansion. Unexpectedly, three events in that year were to have a cataclysmic effect and start the Empire on an irreversible decline --Gandhi's Salt March, the surrender of Weihaiwei to the Chinese nationalists, and the negotiations leading to the Statute of Westminster, in which Canada was the leading advocate of dominion progress towards virtual independence. Conducting the reader along the great imperial sea-routes to visit the territories of the Empire at its height, Professor Woodcock shows how lands were swallowed up in order to protect the route to India and to the great market of the China Coast, and then as expediently abandoned when their useful role had expired. He explains how, in Canada, the first serious challenges to the integrity of the Empire were made in the struggle for responsible government, which later developed into the struggle for dominion status and virtual independence. He then examines the reasons for the loss of India, the possession in which British Imperial prestige was most concentrated, and in the final chapters he shows how the collapse of the Empire followed necessarily from the liberation of India. Professor Woodcock finally rejects the view that any one man can be held primarily responsible for the death of the Empire. His book shows how complex a web of influences held the destiny of one of the world's greatest and most powerful institutions through its rise and inevitable fall, and the manner of that relatively bloodless fall is probably the only uniquely significant outcome of the flowering of the British Empire. George Woodcock's versatility and productivity have made him a living legend among Canadian writers. He is author or editor of more than forty books, including volumes of poetry, and criticism, books of travel and history about several parts of the world, and important biographical studies of George Orwell, Aldous Huxley, Herbert Read and others. He has written extensively about Canadian history and literature and is the founder and editor of the journal Canadian Literature.