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
... Judiciary Judicial Authority and the Crown II Parliamentary Government Today The Worst-Case Diagnosis Re-assessing the Parliamentary Record Conclusion III A Republican Future? Prerogative Powers Open Government Parliament and Party The ...
... Judiciary Judicial Authority and the Crown II Parliamentary Government Today The Worst-Case Diagnosis Re-assessing the Parliamentary Record Conclusion III A Republican Future? Prerogative Powers Open Government Parliament and Party The ...
Seite 7
... judiciary.24 Away from the London-based 'juristocracy'25the British constitution also came under sustained attack from the Scots, who felt particularly disenfranchised during the Thatcher era when the government allowed the problems of ...
... judiciary.24 Away from the London-based 'juristocracy'25the British constitution also came under sustained attack from the Scots, who felt particularly disenfranchised during the Thatcher era when the government allowed the problems of ...
Seite 8
... judiciary. Until the 1990s few if any senior judges in Britain could boast of substantial direct or professional experience of European law. But when (in 1992) Lord Slynn was appointed to the judicial committee of the House of Lords, he ...
... judiciary. Until the 1990s few if any senior judges in Britain could boast of substantial direct or professional experience of European law. But when (in 1992) Lord Slynn was appointed to the judicial committee of the House of Lords, he ...
Seite 9
... judiciary to the delights and challenges of enforcing a Bill of Rights and to the greater constitutional role for the courts that necessarily comes with it.33 When, in 1989, the Soviet bloc collapsed and the newly independent countries ...
... judiciary to the delights and challenges of enforcing a Bill of Rights and to the greater constitutional role for the courts that necessarily comes with it.33 When, in 1989, the Soviet bloc collapsed and the newly independent countries ...
Seite 12
... Judiciary (London, Fontana, 1997, 5th ed). The first edition of this ground-breaking book was published in 1977. See further on Griffith ch 2, below. 46 Sir Edward Coke CJ is an important seventeenth-century example: see ch 3, below. 47 ...
... Judiciary (London, Fontana, 1997, 5th ed). The first edition of this ground-breaking book was published in 1977. See further on Griffith ch 2, below. 46 Sir Edward Coke CJ is an important seventeenth-century example: see ch 3, below. 47 ...
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