Our Republican ConstitutionBloomsbury Publishing, 14.02.2005 - 168 Seiten This new book by Adam Tomkins sets out a radical vision of the British constitution. It argues that despite its outwardly monarchic form the constitution is profoundly informed, and indeed shaped, by values and practices of republicanism. The republican reading of the constitution presented in this book places political accountability at the core of the constitutional order. As such, Our Republican Constitution offers a powerful rejoinder to the current trend in legal scholarship that sees the common law and the courts, rather than Parliament, as the central players in holding government to account. The book further contends that while the constitution should be understood as having republican foundations, current constitutional practice is, in a number of respects, insufficiently republican in character. The book closes by outlining a programme of republican constitutional reform that is designed to secure genuinely responsible government. This is an original and provocative reinterpretation of the central themes of the British constitution, drawing on constitutional history (especially of the seventeenth century), political theory and public law. |
Im Buch
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Seite 2
... Law 1 and R Brazier, 'The Downfall of Margaret Thatcher' (1991)54 Modern Law Review 471. 5 There are exceptions: these are considered in ch 4, below. 6 These words are taken from the Standing Order of the House of Commons that governs ...
... Law 1 and R Brazier, 'The Downfall of Margaret Thatcher' (1991)54 Modern Law Review 471. 5 There are exceptions: these are considered in ch 4, below. 6 These words are taken from the Standing Order of the House of Commons that governs ...
Seite 4
... law, that is empowered to impeach the President. But short of this extreme step congressional powers to subject the ... Law Review 633, at 659. 10See R Mulgan, '”Accountability”: An Ever-Expanding Concept?' (2000) 78 Public 4 On the ...
... law, that is empowered to impeach the President. But short of this extreme step congressional powers to subject the ... Law Review 633, at 659. 10See R Mulgan, '”Accountability”: An Ever-Expanding Concept?' (2000) 78 Public 4 On the ...
Seite 6
... Law Review 744 and 'The Draft Constitution of the European Union' [2003] Public Law 571. 16 For a stimulating account, see C Harlow, 'Export, Import. The Ebb and Flow of English Public Law' [2000] Public Law 240. 17 C Dickens, Our ...
... Law Review 744 and 'The Draft Constitution of the European Union' [2003] Public Law 571. 16 For a stimulating account, see C Harlow, 'Export, Import. The Ebb and Flow of English Public Law' [2000] Public Law 240. 17 C Dickens, Our ...
Seite 7
... law so that Britain could have a Bill of Rights,23 a policy that was finally ... review and, where necessary, reform by the judiciary'. See R v Director of ... Law: Essays for Paul O'Higgins (London, Mansell, 1994), ch 7. See also now R ...
... law so that Britain could have a Bill of Rights,23 a policy that was finally ... review and, where necessary, reform by the judiciary'. See R v Director of ... Law: Essays for Paul O'Higgins (London, Mansell, 1994), ch 7. See also now R ...
Seite 11
... Law is an activity that is not only distinctive from but also superior to politics. 2. The principal arena in which ... review may also be read as supporting many of the tenets of legal constitutionalism. Likewise, Sir Stephen Sedley's ...
... Law is an activity that is not only distinctive from but also superior to politics. 2. The principal arena in which ... review may also be read as supporting many of the tenets of legal constitutionalism. Likewise, Sir Stephen Sedley's ...
Inhalt
1 | |
2 Republican Constitutionalism | 33 |
3 The Making of the Republican Constitution | 67 |
4 Republican Constitutional Reform | 115 |
Bibliography | 143 |
Index | 153 |
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able accountability actions American appointed argued argument authority become Bill Britain British constitution called Cambridge Cambridge University Press century chapter Charles Civil Coke Committee common law concerned considered course courts Crown decision democracy developed effect elected England English European example executive exercise force freedom further Home House of Commons House of Lords Human Rights Ibid ideas important individual institutional interests interference issue James John judges judicial Justice king king’s Kingdom lawyers legal constitutionalism legislation liberal liberty limited London Lords majority matter ment ministers monarchy Oxford Parliament parliamentary party passed Petition political position practice prerogative prime principle Public Law question reason reform remain republican responsible Review Rights rule Scotland Scottish secure seen seventeenth century Skinner statute suggested thought United University Press values