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
... positions, from the neo-Conservative libertarianism of a Ross Perot or a Pat Buchanan to the social welfarism of a Gordon Brown, and just as socialism covers a wide spectrum from the romantic democratic trade unionism of Tony Benn to ...
... positions, from the neo-Conservative libertarianism of a Ross Perot or a Pat Buchanan to the social welfarism of a Gordon Brown, and just as socialism covers a wide spectrum from the romantic democratic trade unionism of Tony Benn to ...
Seite 10
... position adopted here is that there are aspects of our constitutional order that remain in urgent, indeed desperate, need of reform.38 But I do want to suggest that the move away from a political constitution and towards a legal one is ...
... position adopted here is that there are aspects of our constitutional order that remain in urgent, indeed desperate, need of reform.38 But I do want to suggest that the move away from a political constitution and towards a legal one is ...
Seite 11
... position'.40 Among the leading proponents of legal constitutionalism are the academics TRS Allan, Jeffrey Jowell and Dawn Oliver, along with the Court of Appeal judge, Sir John Laws.41From a close reading of these authors' work, legal ...
... position'.40 Among the leading proponents of legal constitutionalism are the academics TRS Allan, Jeffrey Jowell and Dawn Oliver, along with the Court of Appeal judge, Sir John Laws.41From a close reading of these authors' work, legal ...
Seite 13
... position. The first is that it is simply wrong, empirically. In Britain we do not owe our freedom only to the courts. Parliament has frequently legislated, often in face of overt judicial hostility, to extend liberty, whether it be in ...
... position. The first is that it is simply wrong, empirically. In Britain we do not owe our freedom only to the courts. Parliament has frequently legislated, often in face of overt judicial hostility, to extend liberty, whether it be in ...
Seite 14
... position is that it does not allow for the situations in which the judges have failed to protect liberty. His faith in the common law would perhaps be less objectionable if the judicial record showed that British courts really were the ...
... position is that it does not allow for the situations in which the judges have failed to protect liberty. His faith in the common law would perhaps be less objectionable if the judicial record showed that British courts really were the ...
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