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 20
... statute to accommodate all the complex and critical features of specific cases.86 The breadth of this statement is staggering. The common law court-room is preferred over Parliament to resolve even 'highly sensitive' questions where ...
... statute to accommodate all the complex and critical features of specific cases.86 The breadth of this statement is staggering. The common law court-room is preferred over Parliament to resolve even 'highly sensitive' questions where ...
Seite 22
... statute. This situation, however, stands in stark contrast to the legal constitutionalist position with regard to general principles. Legal constitutionalists posit that the courts should be able to declare government decisions to be ...
... statute. This situation, however, stands in stark contrast to the legal constitutionalist position with regard to general principles. Legal constitutionalists posit that the courts should be able to declare government decisions to be ...
Seite 23
... statute, or constitutional rights invented by the courts through the development of the common law, the danger remains the same: it is what we saw earlier that Jowell referred to as the conferring of 'an open-ended law-making power on ...
... statute, or constitutional rights invented by the courts through the development of the common law, the danger remains the same: it is what we saw earlier that Jowell referred to as the conferring of 'an open-ended law-making power on ...
Seite 34
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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