Public Law in a Multi-Layered ConstitutionNicholas Bamforth, Peter Leyland How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution. |
Contents
What is Parliament For? | |
European Governance and Accountability | |
What is on Offer? | |
Does the Devolved Northern Ireland Need an Independent Judicial Arbiter? | |
Technologies | |
UK Utility Regulation in an Age of Governance | |
A New Constitutional Landscape? | |
Accountability and the PublicPrivate Distinction | |
Courts in a MultiLayered Constitution | |
Reinventing Administrative | |
Why Contemporary Public Law Needs the Concept of Due | |
Civil Liberties and Human Rights | |
Standing in a MultiLayered Constitution | |
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Public Law in a Multi-Layered Constitution Nicholas Bamforth,Peter Leyland No preview available - 2003 |
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accountability action activities administrative allow appears application approach argued argument Assembly authority bodies chapter civil Commission Committee common concept concerning considerations considered constitutional context Convention Council courts decision decision-making deference democracy democratic devolution direct discussion distinction EC law effect election English established European example executive exercise fact function further given House Human Rights Human Rights Act idea important individual institutions interest involved issues judges judicial review legislation limited London Lord matter Minister nature Northern Ireland operation Oxford Parliament parliamentary particular political position practice Press principles procedures proportionality proposals protection public authority public interest public law question reasons reference regard regional regulation relation respect responsibility role rules Scotland Scottish scrutiny Secretary society standing suggests Union United Kingdom University Wednesbury