The separation of powers in the contemporary constitution : judicial competence and independence in the United Kingdom / Roger Masterman.

Format:

Book

Author/Creator:

Masterman, Roger, author.

Language:

English

Subjects (All):

Judicial power--Great Britain.

Judicial power.

Separation of powers--Great Britain.

Separation of powers.

Great Britain.

Physical Description:

1 online resource (xix, 276 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2011.

System Details:

text file

PDF

Summary:

In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

Contents:

A doctrine of uncertain scope and application

The Human Rights Act 1998 and the separation of powers

The Strasbourg influence

Justiciability

Deference and proportionality

Statutory interpretation and declarations of incompatibility

Developing the common law and the meaning of 'the convention rights'

The independence of the judiciary

Towards constitutional separation.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511933820

Access Restriction:

Restricted for use by site license.