Law in Politics, Politics in Law
Much writing on the relationship between politics and law has been overwhelmingly theoretical. We know relatively little about the practical, day-to-day impact of law on politicians, their legal advisers and civil servants. Yet policy can be given effect through law; legislation often has partisan, political, pragmatic aims, and legal rules and procedures can exercise unwelcome constraints on politicians when developing and implementing policies. How do lawyers in government see their roles? How does politics affect the drafting of legislation or the making of policy? This volume begins to answer these and other questions in a number of settings. Contributors include former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
'I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area'.
Saira Salimi, Statute Law Review
'One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here'.
Joseph Tomlinson, The Journal of Legislative Studies
'Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject'.
Christopher May, Political Studies Review
'This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them'.
Mark Davies, The Table
'The book provides well-rounded insight into the intricate relationship between Politics and Law'.
J Kern, European Review of Public Law
' ... the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law'. (Translated from the original Italian)
Nicola Lupo, Rivista Trimestrale di Diritto Pubblico
1115200842
Law in Politics, Politics in Law
Much writing on the relationship between politics and law has been overwhelmingly theoretical. We know relatively little about the practical, day-to-day impact of law on politicians, their legal advisers and civil servants. Yet policy can be given effect through law; legislation often has partisan, political, pragmatic aims, and legal rules and procedures can exercise unwelcome constraints on politicians when developing and implementing policies. How do lawyers in government see their roles? How does politics affect the drafting of legislation or the making of policy? This volume begins to answer these and other questions in a number of settings. Contributors include former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
'I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area'.
Saira Salimi, Statute Law Review
'One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here'.
Joseph Tomlinson, The Journal of Legislative Studies
'Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject'.
Christopher May, Political Studies Review
'This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them'.
Mark Davies, The Table
'The book provides well-rounded insight into the intricate relationship between Politics and Law'.
J Kern, European Review of Public Law
' ... the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law'. (Translated from the original Italian)
Nicola Lupo, Rivista Trimestrale di Diritto Pubblico
42.95 In Stock
Law in Politics, Politics in Law

Law in Politics, Politics in Law

Law in Politics, Politics in Law

Law in Politics, Politics in Law

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Overview

Much writing on the relationship between politics and law has been overwhelmingly theoretical. We know relatively little about the practical, day-to-day impact of law on politicians, their legal advisers and civil servants. Yet policy can be given effect through law; legislation often has partisan, political, pragmatic aims, and legal rules and procedures can exercise unwelcome constraints on politicians when developing and implementing policies. How do lawyers in government see their roles? How does politics affect the drafting of legislation or the making of policy? This volume begins to answer these and other questions in a number of settings. Contributors include former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
'I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area'.
Saira Salimi, Statute Law Review
'One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here'.
Joseph Tomlinson, The Journal of Legislative Studies
'Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject'.
Christopher May, Political Studies Review
'This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them'.
Mark Davies, The Table
'The book provides well-rounded insight into the intricate relationship between Politics and Law'.
J Kern, European Review of Public Law
' ... the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law'. (Translated from the original Italian)
Nicola Lupo, Rivista Trimestrale di Diritto Pubblico

Product Details

ISBN-13: 9781849469906
Publisher: Bloomsbury Academic
Publication date: 11/05/2015
Series: Hart Studies in Constitutional Law , #3
Pages: 296
Product dimensions: 6.69(w) x 9.61(h) x 0.62(d)

About the Author

David Feldman is the Rouse Ball Professor of English Law at the University of Cambridge, and a Fellow of Downing College.

Table of Contents

Preface v

Preface to Paperback Edition vii

List of Authors xi

Table of Cases xiii

Table of Legislation xxiii

Part 1 Introduction

1 Beginning at the Beginning: The Relationships between Politics and Law David Feldman 3

Part 2 Lawyer-Politicians

2 Lawyers, MPs and Judges Ross Cranston 17

3 Lawyers in the House of Commons David Howarth 41

4 The Form and Language of Legislation Alan Rodger 65

Part 3 Lawyers Advising Government

5 Legislation and Politics Stephen Laws 87

6 Whitehall, Transparency, and the Law David Seymour 105

7 The Role of Public International Lawyers in Government Michael Wood 109

8 Government Legal Advisers through the Ethics Looking Glass Matthew Windsor 117

Part 4 Politics and Legal Change

9 Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke Hector MacQueen 141

10 Parliament Act 1911 in its Historical Context Philip Norton 155

11 The Parliament Act 1949 Chris Ballinger 171

12 The Realities of the Parliament Act 1911 Daniel Greenberg 187

13 The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri Walters 197

Part 5 Politics, the Constitution, and Beyond

14 International Law and Great Power Politics Matthew Parish 203

15 Law and Democracy in a Human Rights Framework Philip Sales 217

16 Politics, Law and Constitutional Moments in the UK Dawn Oliver 239

17 Looking Back and Moving On David Feldman 257

Index 263

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