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
... institutions. I am especially grateful to the Research School of Social Sciences and the Humanities Research Centre at the Australian National University for awarding me a research fellowship for three months in 2000 and to the Faculty ...
... institutions. I am especially grateful to the Research School of Social Sciences and the Humanities Research Centre at the Australian National University for awarding me a research fellowship for three months in 2000 and to the Faculty ...
Seite
... Institutional Design of Accountability 3 The Making of the Republican Constitution I The Failure of the Common Law Constitution Prohibitions, Proclamations and Sir Edward Coke Impositions and Bate's Case Towards the Petition of Right ...
... Institutional Design of Accountability 3 The Making of the Republican Constitution I The Failure of the Common Law Constitution Prohibitions, Proclamations and Sir Edward Coke Impositions and Bate's Case Towards the Petition of Right ...
Seite 2
... institution through which the government must legislate;5 Parliament is the institution that controls the government's purse strings; and Parliament is the institution that will continuously inquire into the 'expenditure, administration ...
... institution through which the government must legislate;5 Parliament is the institution that controls the government's purse strings; and Parliament is the institution that will continuously inquire into the 'expenditure, administration ...
Seite 3
... institution such as a Parliament. Most Western constitutions may recognise what I am calling the reality of ... institutions such as Parliament. Accordingly it is to the judges, rather than to parliamentarians, that these constitutions ...
... institution such as a Parliament. Most Western constitutions may recognise what I am calling the reality of ... institutions such as Parliament. Accordingly it is to the judges, rather than to parliamentarians, that these constitutions ...
Seite 5
... institutional design or Scandinavian traditions of transparency and open government—than Britain has. This is a great pity, as it would have been significantly to the benefit of. 10See R Mulgan, '”Accountability”: An Ever-Expanding ...
... institutional design or Scandinavian traditions of transparency and open government—than Britain has. This is a great pity, as it would have been significantly to the benefit of. 10See R Mulgan, '”Accountability”: An Ever-Expanding ...
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