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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.
Written by members of the Study of Parliament Group, this collection of essays on the law and parliament deals with subjects such as the Nolan Report, devolution and an examination of the historical relationship between Parliament and European Human Rights law.
Sir Edward Coke remains one of the most important figures in the history of the common law. The essays collected in this volume provide a broad context for understanding and appreciating the scope of Coke's achievement: his theory of law, his work as a lawyer and a judge, his role in pioneering judicial review, his leadership of the Commons, and his place in the broader culture of Elizabethan and Jacobean England. Sir Edward Coke claimed for judges the power to strike down statutes, created the modern common law by reshaping medieval precedents, and, in the House of Commons, led the gathering forces that would ultimately establish a constitutional regime of ordered liberty and responsible, representative government. Although much has been written on Coke, there has been no single adequate study or collection of these writings until now. Law, Liberty, and Parliament brings together material that not only is useful for understanding Coke's career and achievement but also illuminates the late Elizabethan and early Stuart periods in which the common law became inextricably identified with constitutional authority. Allen D. Boyer, author of Sir Edward Coke and the Elizabethan Age, is a lawyer in New York City and a frequent contributor to the New York Times Book Review. Dr. Boyer serves on the advisory board of the Yale Center for Parliamentary History.
The Westminster parliament is a highly visible political institution, and one of its core functions is approving new laws. Yet Britain's legislative process is often seen as executive-dominated, and parliament as relatively weak. As this book shows, such impressions can be misleading. Drawing on the largest study of its kind for more than forty years, Meg Russell and Daniel Gover cast new light on the political dynamics that shape the legislative process. They provide a fascinating account of the passage of twelve government bills - collectively attracting more than 4000 proposed amendments - through both the House of Commons and House of Lords. These include highly contested changes such as Labour's identity cards scheme and the coalition's welfare reforms, alongside other relatively uncontroversial measures. As well as studying the parliamentary record and amendments, the study draws from more than 100 interviews with legislative insiders. Following introductory chapters about the Westminster legislative process, the book focuses on the contribution of distinct parliamentary 'actors', including the government, opposition, backbenchers, select committees, and pressure groups. It considers their behaviour in the legislative process, what they seek to achieve, and crucially how they influence policy decisions. The final chapter reflects on Westminster's influence overall, showing this to be far greater than commonly assumed. Parliamentary influence is asserted in various different ways - ranging from visible amendments to more subtle means of changing government's behaviour. The book's findings make an important contribution to understanding both British politics and the dynamics of legislative bodies more broadly. Its readability and relevance will appeal to both specialists and general readers with interests in politics and law, in the UK and beyond.
This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.
Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.