CONSTITUTIONAL AND ADMINISTRATIVE LAW Fourth Edition pot

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CONSTITUTIONAL AND ADMINISTRATIVE LAW Fourth Edition pot

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[...]... rule of law Marxism and the rule of law Professor Joseph Raz and the rule of law Professor Lon Fuller and the rule of law Friedrich von Hayek and the rule of law John Rawls’s theory of justice and the rule of law Law and order’ and the rule of law: the obligation to obey law AV Dicey and the rule of law Judicial review The legal process Evaluation of Dicey’s ‘equality before the law The rule of law in... FUNDAMENTAL CONSTITUTIONAL CONCEPTS 4 THE RULE OF LAW 73 INTRODUCTION CONTRASTING ATTITUDES TO THE RULE OF LAW UNCERTAINTY IN THE WESTERN RULE OF LAW THE RULE OF LAW AS PHILOSOPHICAL DOCTRINE Natural law in ancient Greece and Rome Christian natural law thought Natural law and international law The idea of social contract Natural law and common law THE RULE OF LAW AS POLITICAL THEORY Liberalism, conservatism and. .. BETWEEN EXECUTIVE AND LEGISLATURE; LEGISLATURE AND JUDICIARY; EXECUTIVE AND JUDICIARY Executive and legislature Legislature and judiciary Executive and judiciary CONCLUSION 105 107 107 107 108 108 xiii 119 119 123 126 133 Constitutional and Administrative Law 6 135 INTRODUCTION THE PREROGATIVE DEFINED THE PREROGATIVE BEFORE 1688 The King and parliament The Crown and the Council The King and the courts... EUROPEAN UNION AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS 9 237 238 239 240 240 241 241 242 242 243 EUROPEAN COMMUNITY LAW AND NATIONAL LAW 271 SOURCES OF COMMUNITY LAW DIRECT APPLICABILITY AND DIRECT EFFECT The principles of direct applicability and direct effect Direct effect and Articles of the Treaty Directives and direct effect Vertical and horizontal effect of Community law PUBLIC AND QUASI-PUBLIC... Freedom, security and justice 227 229 230 230 233 233 234 235 xv Constitutional and Administrative Law The third pillar as amended: police and judicial co-operation The Union and the citizen Common foreign and security policy THE TREATY OF NICE 2001 The United Kingdom and Europe THE EUROPEAN COMMUNITY Aims and objectives The Charter of Fundamental Rights A UNIQUE LEGAL ORDER The major constitutional issues... 586 Constitutional and Administrative Law PART VI – THE INDIVIDUAL AND THE STATE 19 THE PROTECTION OF HUMAN RIGHTS INTRODUCTION THE ORIGINS OF THE IDEA OF RIGHTS EARLY CONCEPTIONS OF LIMITED GOVERNMENTAL POWER John Locke Thomas Paine THE EMERGENCE OF THE CONSTITUTIONAL PROTECTION OF RIGHTS Natural law and positive law Rights and freedoms in Britain PART A: THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND. .. Northern Ireland Parliament 1972 Power sharing 1973 Direct rule 1974 The Anglo-Irish Agreement 1985 The Joint Declaration 1993 The 1998 peace settlement SCOTLAND The early history – an overview Devolution to Scotland WALES The early history – an overview THE BRITISH ISLANDS The Channel Islands The Isle of Man The constitutional relationship between the islands and the United Kingdom THE ISLANDS AND EUROPE... LEGAL AND POLITICAL SOVEREIGNTY LEGAL THEORY AND SOVEREIGNTY John Austin HLA Hart Hans Kelsen THE VALIDITY OF LAW AND THE EFFECTIVENESS OF LAW Ultimate validity and effectiveness: an illustration THE ULTIMATE RULE IS EXTRA-LEGAL SOVEREIGNTY AND WRITTEN CONSTITUTIONS THE SOURCE OF SOVEREIGNTY IN THE UNITED KINGDOM SOVEREIGNTY AS A RULE OF COMMON LAW The origins of parliamentary sovereignty AV DICEY AND. .. DEFINITION AND CONSTITUTIONAL SIGNIFICANCE OF PRIVILEGE The law and custom of parliament The role of the courts THE PRINCIPAL PRIVILEGES Historical overview Freedom from arrest Freedom of speech THE CURRENT SCOPE AND ROLE OF PRIVILEGE Freedom from arrest Freedom of speech and ‘proceedings in parliament’ Freedom of speech: its use and misuse The courts and privilege The Defamation Act 1996 and Article... GENERAL INTRODUCTION 1 INTRODUCTION: THE SCOPE OF CONSTITUTIONAL LAW 3 THE CONCEPT OF CONSTITUTIONALISM WHAT IS A CONSTITUTION? DEFINING CONSTITUTIONS CLASSIFYING CONSTITUTIONS Written and unwritten constitutions Rigid and flexible constitutions Supreme and subordinate constitutions Federal and unitary constitutions Separated powers and fused powers Republican and monarchical constitutions CHARACTERISTICS . von Hayek and the rule of law 85 John Rawls’s theory of justice and the rule of law 86 Law and order’ and the rule of law: the obligation to obey law 86 AV. 77 Christian natural law thought 78 Natural law and international law 79 The idea of social contract 79 Natural law and common law 79 THE RULE OF LAW AS POLITICAL

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Mục lục

  • Preliminaries

  • PREFACE

  • CONTENTS

  • Table of Cases

  • Table of Legislation

  • Table of International Legislation

  • Table of Abbreviations

  • 1 INTRODUCTION: THE SCOPE OF CONSTITUTIONAL LAW

  • 2 SOURCES OF THE CONSTITUTION

  • 3 THE EVOLUTION OF THE STRUCTURE OF THE UNITED KINGDOM

  • 4 THE RULE OF LAW

  • 5 THE SEPARATION OF POWERS

  • 6 THE ROYAL PREROGATIVE

  • 7 PARLIAMENTARY SOVEREIGNTY

  • 8 STRUCTURE AND INSTITUTIONS

  • 9 EUROPEAN COMMUNITY LAW AND NATIONAL LAW

  • 10 CENTRAL GOVERNMENT

  • 11 RESPONSIBLE GOVERNMENT

  • 12 REGIONAL AND LOCAL GOVERNMENT

  • 13 THE ELECTORAL SYSTEM

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