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
Ergebnisse 1-5 von 42
Seite
... 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 ...
... 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 ...
Seite 9
... courts could attend Commonwealth conferences, exchange war-stories, engage ... law; the juridical influence of other leading nations in the Commonwealth ... common idea. It is an idea that is both simple and powerful. It is that Britain's ...
... courts could attend Commonwealth conferences, exchange war-stories, engage ... law; the juridical influence of other leading nations in the Commonwealth ... common idea. It is an idea that is both simple and powerful. It is that Britain's ...
Seite 10
... law have been pushing. The argument here is not that all of this is a ... courts, no matter what their powers and no matter what their composition ... common to represent a distinctive and in some respects novel contribution . . .39 38 ...
... law have been pushing. The argument here is not that all of this is a ... courts, no matter what their powers and no matter what their composition ... common to represent a distinctive and in some respects novel contribution . . .39 38 ...
Seite 11
... Court of Appeal judge, Sir John Laws.41From a close reading of these authors' work, legal constitutionalism can be seen to be composed of the following main tenets. 1. Law ... common law model as the foundation of judicial review may also be ...
... Court of Appeal judge, Sir John Laws.41From a close reading of these authors' work, legal constitutionalism can be seen to be composed of the following main tenets. 1. Law ... common law model as the foundation of judicial review may also be ...
Seite 12
... law scholarship until the 1970s (perhaps because, until then, and in marked contrast to the US Supreme Court ... common law judicial law-making to be a superior form of reasoning,46 the ... Laws, The common law is able to set (and enforce) such.
... law scholarship until the 1970s (perhaps because, until then, and in marked contrast to the US Supreme Court ... common law judicial law-making to be a superior form of reasoning,46 the ... Laws, The common law is able to set (and enforce) such.
Inhalt
1 | |
2 Republican Constitutionalism | 33 |
3 The Making of the Republican Constitution | 67 |
4 Republican Constitutional Reform | 115 |
Bibliography | 143 |
Index | 153 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
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