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 11
... tenet requires and will offer, where appropriate, critical analysis. Tenet one: law is an activity that is not only distinctive from but also superior topolitics. The claim of distinctiveness is not especially new. Since the early ...
... tenet requires and will offer, where appropriate, critical analysis. Tenet one: law is an activity that is not only distinctive from but also superior topolitics. The claim of distinctiveness is not especially new. Since the early ...
Seite 12
... tenet three, considered below) politics needs to be tamed, or kept in check, by the law. In the words of Sir John Laws, The common law is able to set (and enforce) such. a democratic constitution is in the end undemocratic if it gives ...
... tenet three, considered below) politics needs to be tamed, or kept in check, by the law. In the words of Sir John Laws, The common law is able to set (and enforce) such. a democratic constitution is in the end undemocratic if it gives ...
Seite 14
... Tenet two: the principal arena in which the activity of law takes place is the court-room. The constitutional control and regulation of public power is, in the modern world, a complex and multi-faceted activity. From what has been ...
... Tenet two: the principal arena in which the activity of law takes place is the court-room. The constitutional control and regulation of public power is, in the modern world, a complex and multi-faceted activity. From what has been ...
Seite 15
... Tenet three: individuals should, as far as possible, remain free of interference by the government. Tenets three and four reveal the underlying political theory of legal constitutionalism. The political theory on which legal ...
... Tenet three: individuals should, as far as possible, remain free of interference by the government. Tenets three and four reveal the underlying political theory of legal constitutionalism. The political theory on which legal ...
Seite 16
... Tenet four: where government interference is unavoidable, it should be. 74 For a useful overview, see J Gray, Liberalism (Buckingham, Open University Press, 1986). On dignity, see D Feldman, 'Human Dignity as a Legal Value' [1999] Public ...
... Tenet four: where government interference is unavoidable, it should be. 74 For a useful overview, see J Gray, Liberalism (Buckingham, Open University Press, 1986). On dignity, see D Feldman, 'Human Dignity as a Legal Value' [1999] Public ...
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