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Diverse Voices in Public Law.

De Gruyter Bristol UP/Policy Press Complete eBook-Package 2023 Available online

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Format:
Book
Author/Creator:
Wheatle, Se-shauna.
Contributor:
O'Loughlin, Elizabeth.
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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