Constitutional and Administrative Law, 10th Edition, By Alex Carroll [PDF] [eBook]

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Half Title Title Page Copyright Page Brief Contents Contents Foreword Table of cases Table of statutes Table of statutory instruments Table of treaties and conventions Part 1 Foundations of ... the British system of constitutional and administrative law 1 Introduction to constitutional and administrative law Objectives What is a constitution? The British constitution The cultural dimension Distinguishing between constitutional law and administrative law The terminology of constitutional and administrative law The geography of the constitution The European dimension Summary Further reading 2 The characteristics of the constitution Objectives Introduction The unwritten constitution Flexibility Unitary Constitutional monarchy Bicameral sovereign Parliament Representative democracy Responsible government The European Convention on Human Rights Summary References Further reading 3 Fundamental constitutional doctrines Objectives The Rule of Law The Rule of Law in the United Kingdom The separation of powers The legislative supremacy of the Westminster Parliament Application Possible legal limitations Political restraints The relationship between EU law and Acts of Parliament Summary References Further reading 4 Sources of constitutional and administrative law Objectives Introduction Legislation Judicial decisions Constitutional conventions European Convention on Human Rights The law and custom of Parliament Summary References Further reading Part 2 The United Kingdom and the European Union 5 The European Union: British membership, institutions of government and sources of law Objectives Part A: Origins and development The birth of the European ideal Structural foundations of the European Union Part B: Institutions of law and government Structural outline Part C: Sources of law Primary EU law Secondary EU law 6 Brexit (British withdrawal from the European Union) Objectives Why the UK left the European Union Brexit case law Legislation for withdrawal: the key legal instruments The EU-UK Withdrawal Agreement 2019 The EU (Withdrawal Agreement) Act 2020 The European Union and United Kingdom Trade and Cooperation Agreement 2020 The European Union (Future Relationship) Act 2020 Part 3 The composition and workings of Parliament 7 The franchise and the electorate Objectives Introduction Qualifications Casting the vote Disqualifications Special categories of voters Summary Further reading 8 The House of Commons: Members of Parliament Objectives Disqualifications Effects of disqualification Role and functions of MPs The relationship between MP and party The Recall of MPs Act 2015 Gender, ethnicity, background and related matters Summary References Further reading 9 The House of Commons: principal functions Objectives Introduction Legislation Scrutiny of executive action Scottish and Welsh affairs at Westminster Northern Irish affairs at Westminster Financial proceedings Other functions of the House of Commons Summary References Further reading 10 The House of Lords Objectives Origins and composition Types of peers Disclaimer and disqualifications Attendance Functions Proposals for reform Summary References Further reading 11 Parliamentary privilege Objectives Nature and sources Freedom of speech Freedom from arrest Right of the House to regulate its own composition Right of the House to regulate its internal proceedings Right of the House to punish for breach of privilege and contempt of Parliament The courts and parliamentary privilege The courts and contempt Parliamentary privilege and the European Convention on Human Rights Summary References Further reading Part 4 The Executive 12 The Prime Minister and Cabinet Objectives Introduction Choosing a Prime Minister The powers of the Prime Minister Factors contributing to the power of the Prime Minister Limits on Prime Ministerial power The Cabinet The Ministerial Code of Conduct Summary References Further reading 13 The royal prerogative Objectives Nature and significance Principal remaining prerogatives The prerogative and statute The prerogative and the courts Summary References Further reading 14 Legal liability of the Crown and public authorities Objectives Introduction: the Crown Public authorities generally Negligence and statutory powers Remedies Public interest immunity Public interest immunity and criminal proceedings Public interest immunity and national security Summary References Further reading Part 5 Judicial supervision of executive power 15 Judicial review: nature and grounds for Objectives The nature of judicial review Judicial review and constitutional fundamentals The scope of judicial review Power and jurisdiction Review and appeal contrasted Grounds for judicial review Illegality Jurisdictional control Control of discretion Reasonableness, rationality and proportionality Procedural impropriety Summary References Further reading 16 Judicial review: applications for, exclusion of, and exclusivity Objectives Applying for judicial review The procedure Remedies Relator proceedings Exclusion of judicial review and ouster clauses Subjectively worded powers Alternative remedies Justiciability Exclusivity The rule in O'Reilly v Mackman Judicial review and contractual powers Judicial review beyond statutory or prerogative powers Summary Reference Further reading Part 6 Human rights 17 The European Convention on Human Rights Objectives Introduction Formulation The European Court of Human Rights General principles of European human rights law The rights protected by the Convention Summary References Further reading 18 The Human Rights Act 1998 Objectives Freedom versus rights Objectives of the 1998 Act Principal provisions Extra-territorial effect Human rights and judicial review Application of the Human Rights Act Derogation from the Human Rights Act Summary Reference Further reading 19 Police powers, personal liberty and privacy Objectives Personal freedom Stop and search Arrest Detention and questioning Interviewing suspects Inadmissible evidence Entry, search and seizure Surveillance Remedies for police malpractice Police Community Support Officers Summary Reference Further reading 20 Restrictions on the rights of freedom of assembly and association Objectives Introduction: the freedoms defined Statutory restrictions on marches and assemblies Common law preventative powers Statutory public order offences Other relevant statutory offences Common law offences Summary Further reading 21 Restrictions on the rights of freedom of expression and information Objectives Introduction Freedom of expression and the mass media Freedom of expression, obscenity and pornography Freedom of expression and the administration of justice Freedom of expression, public order and national security Freedom of information and data protection Freedom of expression, the internet and the law of tort Freedom of expression, the internet and the criminal law Summary References Further reading 22 Freedom and emergency powers Objectives Emergency powers in general Emergency powers in wartime Emergency powers and terrorism Counter-Terrorism and Security Act 2015 Emergency powers in peacetime Emergencies and the common law Summary References Further reading Glossary Index Publisher's acknowledgements Back Cover [Show More]

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