Sceptical perspectives on the changing constitution of the United Kingdom / edited by Richard Johnson and Yuan Yi Zhu.

Format:

Book

Contributor:

Johnson, Richard, editor.

Yi Zhu, Yuan, editor.

Language:

English

Subjects (All):

Constitutional law--Philosophy.

Constitutional law.

Skepticism.

Great Britain.

Physical Description:

1 online resource (409 pages)

Edition:

1st ed.

Distribution:

London : Bloomsbury Publishing, 2023.

Place of Publication:

London : Hart Publishing, 2023.

Language Note:

In English.

System Details:

text file HTML

Summary:

This book examines the far-reaching changes made to the constitution in the United Kingdom in recent decades. It considers the way these reforms have fragmented power, once held centrally through the Crown-in-Parliament, by means of devolution, referendums, and judicial reform. It examines the reshaping of the balance of power between the executive, legislature, and the way that prerogative powers have been curtailed by statute and judicial ruling. It focuses on the Human Rights Act and the creation of the UK Supreme Court, which emboldened the judiciary to limit executive action and even to challenge Parliament, and argues that many of these symbolised an attempt to shift the 'political' constitution to a 'legal' one. Many virtues have been ascribed to these reforms. To the extent that criticism exists, it is often to argue that these reforms do not go far enough. An elected upper chamber, regional English parliaments, further electoral reform, and a codified constitution are common tonics prescribed by commentators from this point of view. This volume adopts a different approach. It provides a critical evaluation of these far-reaching reforms, drawing from the expertise of highly respected academics and experienced political figures from both the left and right. The book is an invaluable source of academic expertise and practical insights for the interested public, students, policymakers, and journalists, who too often are only exposed to the 'further reform' position.

Contents:

Intro

Acknowledgements

Contents

Contributors

Introduction: The Case for the Political Constitution

I. Introduction

II. The British Constitution and Policymaking

III. The New British Constitution: A Note of Scepticism

IV. Outline of the Volume

PART I: THE POLITICAL CONSTITUTION AND THE LAW

1. A (Brief) Case against Constitutional Supremacy

I. Introduction: We've Been Here Before

II. A (Brief) Case against Constitutional Supremacy

III. The Unwritten Constitution During Times of 'Crisis'

IV. Conclusion: Accepting the Human Foundations of Laws and Constitutions

2. Judicial Encroachment on the Political Constitution?

I. Politics and the Judges

II. The Political Constitution

III. The Judicial Function

IV. Crossing the Boundary Line

V. Empowering the Judges

VI. Widened Boundaries, Deeper Scrutiny

VII. Back to Basics?

3. Legislative Freedom and its Consequences

II. Stability and Contingency in Historical Perspective

III. The Territorial Constitution

IV. European Integration and International Law

V. Human Rights Law Reform

VI. Legislating about Judicial Review

VII. Conclusion

4. A Great Forgetting: Common Law, Natural Law and the Human Rights Act

II. Classic Common Law Rights

III. Natural Law Roots

IV. The Hobbesian Turn

V. Custom and Deference

VI. The Centring of Value

5. Law and Politics: The Nightmare and the Noble Dream

II. The Lord Chancellor Today

III. The Executive

IV. The Judiciary

V. The Intention of Parliament

VI. Judicial Review and the Rule of Law

VII. Reform of the Reform Agenda

PART II: WESTMINSTER AND WHITEHALL

6. The Fixed-term Parliaments Act 2011: Out, Out Brief Candle

II. Constitutional Balance

III. The Effect of the FTPA.

IV. The Implications of Returning to the pre-FTPA Rules - Some Lessons

V. The Ouster Clause

VI. Conclusion

7. Reform of the House of Commons: A Sceptical View on Progress

II. What is the Commons for? Government and Scrutiny

III. The New Labour Government: Tinkering Reforms and Low-Hanging Fruit

IV. Response to Crisis: Never Let a Crisis Go to Waste - A Question of Numbers

V. The Wright Stuff? Reform for Reform's Sake

VI. Standing Order 14 - A Matter of Time

VII. '1832' and All that - Constitutional Expediencies, the FTPA and Electoral Reform

VIII. Waiting for Godot: House of Lords Reform and the Primacy of the Commons

IX. Conclusion

8. The House of Lords: A Sceptical View of 'Big Bang' Reform

II. The 'Big Bang' Failure

III. Why Reform Failed

IV. Incremental Change

V. Explaining Success - And Failure

9. Accountability and Electoral Reform

II. Measuring Electoral Systems

III. Pluralism and Electoral Reform

IV. Democratic Elitism and First-Past-the-Post

V. The British Experience

VI. In Praise of FPTP

10. Delegated Legislation in an Unprincipled Constitution

II. What is Delegated Legislation?

III. Creating and Scrutinising Delegated Legislation

IV. The Subject Matter of Delegated Legislation

V. Cementing Principles in an Unprincipled Landscape

11. A Defence of the Dual Legal-Political Nature of the Attorney General for England and Wales

II. Role and Functions of Attorney General

III. Controversy and Arguments for Reform

IV. Defence of the Status Quo

V. A Slight Qualification

12. The Public Appointments System

II. Nolan

III. What are Public Appointments?.

IV. The Grimstone Review

V. Abuses

VI. Dido Harding and Kate Bingham

VII. Charity Commission Chairmanship

VIII. Tsars

IX. Non-executive Directors

X. Encouraging Applications

XI. Back to Politicisation

XII. Parliament's Role

XIII. Diversity

XIV. Conclusion

13. Standards and the British Constitution

II. The UK's Integrity System

III. The Changing Context of Standards Regulation

IV. A Standards Overhaul? The 2021 Report

V. Conclusions

PART III: BEYOND WESTMINSTER AND WHITEHALL

14. Devolving and Not Forgetting

II. Devolution and Legitimacy

III. Devolution and Brexit

IV. Devolving and (Not) Forgetting

15. Scottish Secession and the Political Constitution of the UK

II. Secession Diplomacy: Taking the Heat from the Fire

III. The Missing Piece: Vision

IV. Intercurrence and Gradual Institutional Change

V. The Failed Layering of Institutions

VI. New Union Statecraft

16. Northern Ireland's Constitutional Position in the UK

II. The Political Significance of Unionism

III. The Belfast (Good Friday) Agreement: Separating Myth from Reality

IV. Devolution: Has it Delivered?

V. Brexit and the Northern Ireland Protocol

17. The European Union and the British Constitution

II. The UK's Role in Changes to EU Governance in the 1990s and 2000s

III. Political Dynamics Leading Up to the 2016 EU Referendum

IV. The Post-Brexit Relationship with the EU and UK Governance

V. Conclusion

18. Against (Many Kinds of) Representation

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509963720

1509963723

9781509963737

1509963731

9781509963713

1509963715

OCLC:

1375293783