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. |
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Seite 10
... exercise of executive power, to hold it to account. The courts, no matter what their powers and no matter what their composition, will always find it more difficult. Chapters two and three of this book are concerned with a detailed ...
... exercise of executive power, to hold it to account. The courts, no matter what their powers and no matter what their composition, will always find it more difficult. Chapters two and three of this book are concerned with a detailed ...
Seite 12
... exercise democratic, political power must have limits set to what they may do: limits which they are not allowed to overstep.49 43 B Bix, Jurisprudence: Theory and Context (London, Sweet and Maxwell, 2003, 3rd ed), at 178. 44 See R ...
... exercise democratic, political power must have limits set to what they may do: limits which they are not allowed to overstep.49 43 B Bix, Jurisprudence: Theory and Context (London, Sweet and Maxwell, 2003, 3rd ed), at 178. 44 See R ...
Seite 13
... exercise of arbitrary power'.50 The assumption that underpins this remark (and, indeed, that underpins the entire model of legal constitutionalism) is that it is only the political branches that are capable of acting arbitrarily; the ...
... exercise of arbitrary power'.50 The assumption that underpins this remark (and, indeed, that underpins the entire model of legal constitutionalism) is that it is only the political branches that are capable of acting arbitrarily; the ...
Seite 17
... exercise of this right except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or ...
... exercise of this right except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the prevention of disorder or ...
Seite 26
... exercise of political power have ready access to political decision-makers. Courts are notoriously expensive to access and often have strict rules of standing that limit the availability of judicial redress to small classes of ...
... exercise of political power have ready access to political decision-makers. Courts are notoriously expensive to access and often have strict rules of standing that limit the availability of judicial redress to small classes of ...
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