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 31
Seite 2
... rule. It is less spectacular, perhaps, but it is no less important. The government is required to secure the support ... Law 1 and R Brazier, 'The Downfall of Margaret Thatcher' (1991)54 Modern Law Review 471. 5 There are exceptions ...
... rule. It is less spectacular, perhaps, but it is no less important. The government is required to secure the support ... Law 1 and R Brazier, 'The Downfall of Margaret Thatcher' (1991)54 Modern Law Review 471. 5 There are exceptions ...
Seite 3
... rule of law' or of respect for 'fundamental' or 'human' rights form the backbone of today's constitutionalism in both continental Europe and North America. Ideals such as these are generally enforceable in courts of law rather than in ...
... rule of law' or of respect for 'fundamental' or 'human' rights form the backbone of today's constitutionalism in both continental Europe and North America. Ideals such as these are generally enforceable in courts of law rather than in ...
Seite 4
Adam Tomkins. reminders of the constitution's core rule: that the prime ... law, that is empowered to impeach the President. But short of this extreme ... Law Review 633, at 659. 10See R Mulgan, '”Accountability”: An Ever-Expanding Concept ...
Adam Tomkins. reminders of the constitution's core rule: that the prime ... law, that is empowered to impeach the President. But short of this extreme ... Law Review 633, at 659. 10See R Mulgan, '”Accountability”: An Ever-Expanding Concept ...
Seite 11
... law for the judges to determine. 6. The law should control government through the enforcement of specific rules and general principles of legality (such as human rights). Each of these six tenets will now be considered in turn. In what ...
... law for the judges to determine. 6. The law should control government through the enforcement of specific rules and general principles of legality (such as human rights). Each of these six tenets will now be considered in turn. In what ...
Seite 13
... law serves 'as a bulwark between governors and governed, excluding the exercise of arbitrary power'.50 The ... rule of law [has] serve[d] as a form of constitution' and that 'if important liberties are given protection, and standards of ...
... law serves 'as a bulwark between governors and governed, excluding the exercise of arbitrary power'.50 The ... rule of law [has] serve[d] as a form of constitution' and that 'if important liberties are given protection, and standards 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