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Diverse Voices in Public Law.
- Format:
- Book
- Author/Creator:
- Wheatle, Se-shauna.
- Series:
- Diverse Voices
- Language:
- English
- Subjects (All):
- Law--Social aspects.
- Law.
- Public law.
- Physical Description:
- 1 online resource (273 pages)
- Edition:
- 1st ed.
- Place of Publication:
- Bristol University Press 2023
- Summary:
- Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. It represents a much-needed complement to traditional textbooks in Public Law.
- Contents:
- Front Cover
- Half-title
- Series information
- Diverse Voices in Public Law
- Copyright information
- Table of contents
- Table of Cases, Statutes, Statutory Instruments and Other Jurisdictions
- Notes on Contributors
- Series Editors' Preface
- Introduction
- Detailed synopsis
- Part I Constitutional Structures and Concepts
- 1 The Rule of Law and Racial Difference in the British Empire
- A short history of the rule of law
- Modern conceptions of the rule of law
- Law, the rule of law and the British Empire
- Law in the colony
- The rule of law in the colony
- The rule of law and the rule of colonial difference
- The rule of law and racial discrimination in the colony
- Anti-colonial movements and the repurposing of the rule of law ideal
- The rule of law and the rule of empire: an inherent incompatibility
- Conclusion
- Further reading
- 2 Parliamentary Supremacy and the People
- Introduction to the Study of the Law of the Constitution
- The Political Constitution I: 1911 and Home Rule
- The 'manner and form' theory
- The Political Constitution II: one convention is rejected, is another adopted?
- The process of judicialisation
- 3 Strong Executive, Weak Parliament?
- What is the executive?
- Strong executives
- The executive and Parliament
- The executive's 'right to govern'
- Strong Parliament, strong executive
- 4 Legislating for Seismic Events
- What is delegated legislation?
- The place of delegated legislation in the UK's constitutional order
- Key critiques of delegated legislation in the UK
- Used to make policy
- Henry VIII powers
- Skeleton bills
- Invulnerability to defeat
- Lack of consultation
- Inadequate scrutiny
- Brexit delegated legislation
- The EU (Withdrawal) Act 2018
- Features of Brexit SIs.
- COVID-19 statutory instruments (SIs)
- 5 Scotland, Devolution and Independence
- Devolution, power and parliamentary sovereignty
- Understanding Scottish devolution
- The Scottish Parliament: a new kind of politics?
- The devolution settlement
- Conflict and cooperation: the Sewel Convention and intergovernmental relations
- Scotland decides: the independence referendum
- A constitutional chain reaction?
- The most powerful devolved parliament in the world?
- 'A balanced settlement?'
- Brexit and Scotland
- Intergovernmental relations and Brexit negotiations
- The independence question post Brexit
- Reforming the Union?
- 6 Diverse Voices in the Judiciary
- What do we mean by 'judicial diversity'?
- Why focus on judicial diversity?
- Progress towards diversity
- Initiatives and measures
- Outcomes and progress
- Achieving judicial diversity
- Appointments
- Retention
- Flexible work
- Retirement
- The future of judicial diversity
- Part II The Individual and the State
- 7 The Begum Case, Discretion and Parliamentary Sovereignty
- Cancellation, the Begum case and minority ethnicity citizens
- Parliamentary sovereignty and judges
- The Begum case, discretion, deference and institutional competence (expertise)
- National security: special barriers to review
- Unlocking sovereignty for minority rights
- 8 Racialisation in UK Counterterrorism Law and Policy
- The definition of terrorism
- 'Pre-emptive' offences
- Radicalisation
- The Prevent strategy
- Engaging moderate Muslims while searching for extremist Muslims
- Fundamental British values
- Racialised surveillance
- 9 Racism, Law and the Police
- Introduction.
- Understanding racism and policework: a theoretical framework
- Law: linking immigration law and 'race relations' law
- The beginnings of immigration control
- Linking 'race relations' law and immigration controls
- Explaining the exemption of the police from the Race Relations Acts
- Work: police practice while exempt from anti-discrimination law
- Democracy: the public demand to hold the police accountable
- Hegemony: the failures of anti-discrimination law
- 10 The Administration of Social Security Benefits
- Social citizenship rights, gender and the male breadwinner model
- Women and benefit administration
- The administration of Universal Credit, gender and social citizenship
- A single payment
- Welfare conditionality
- The benefit cap
- The two-child limit
- 11 Administrative Violence
- Administrative violence
- The law, policy and politics of refugee status determination in the UK
- Bureaucracy, chaos and delay at first instance
- A More Diverse Public Law: Suggested Further Reading
- Decolonising public law in legal education
- Colonial legacies in public law
- Allocating power
- Public law and gender
- Public law and race
- Public law and persons with disabilities
- Public law and social rights
- Index.
- Notes:
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 9781529220759
- 1529220750
- 9781529220766
- 1529220769
- OCLC:
- 1388361196
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