Table of Contents
Preface to the Third Edition v
Table of Cases xiii
Table of Legislation xvii
1 UK Constitution: Context and History 1
Part I Constitutional Contexts 1
Introduction 1
What is Liberal Democracy? 2
Freedom of Expression and the Broadcasting and Print Media 4
Phone Hacking, Media Influence and Constitutional Oversight 8
The UK Constitution, Constitutionalism and Good Governance 11
Part II History 14
The Importance of History 14
Qualifying Absolute Monarchy 14
The Emergence of Parliament and the Path to Democracy 17
Defining the Nation: What is the United Kingdom? 19
Empire, Commonwealth and Europe 21
Conclusion 23
Further Reading 23
2 The Sources of the Constitution 25
Introduction 25
Part I Sources of the Constitution 26
Statute Law 26
The Common Law 27
European Union Law 28
European Convention on Human Rights 30
Legal Treatises 31
The Law and Customs of Parliament 32
The Royal Prerogative 32
Part II Constitutional Conventions 32
Defining Conventions 33
The Practical Importance of Constitutional Conventions 37
Conclusion 42
Further Reading 43
3 Constitutional Principles 45
Introduction 45
Parliamentary Sovereignty 47
The Rule of Law 65
Separation of Powers 71
Conclusion: Redefinitions of Power 81
Further Reading 83
4 The Crown and the Constitution 85
Introduction 85
What is the Royal Prerogative? 87
The Constitutional Role of the Monarch 90
Does the Monarch Retain Real Power? 95
What is the 'Crown'? 96
Public Interest Immunity 97
Liability of the Crown in Tort and Contract 98
Evaluation: Reform or Abolition? 99
Conclusion 101
Further Reading 102
5 Parliament 105
Introduction 105
Part I Elections and the House of Commons 108
The Electoral System 108
Alternatives to First Past the Post? 111
Electronic Voting 113
The House of Commons and the Formation of a Government 113
Part II The House of Commons 115
The House of Commons and the Role of MPs 115
The Speaker 117
Government and Opposition 118
Parliamentary Privilege 119
Parliamentary Standards, the Conduct of MPs and the Expenses Scandal 120
Part III The House of Lords 125
Introduction and History 125
Composition of the House of Lords 127
House of Lords: What Next? 129
Part IV Parliament as Legislator 133
Public Bills 134
Private Members' Bills and Private Bills 139
Parliamentary Scrutiny of Delegated Legislation 139
Part V Parliament as Watchdog 140
Parliamentary Questions 140
Departmental Select Committees 141
Public Accounts Committee and the National Audit Office 149
The Parliamentary Ombudsman 152
Conclusion 153
Further Reading 155
6 Government and Executive 157
Introduction 157
The Prime Minister 158
The Prime Minister and the Cabinet 160
The Prime Minister: Policy Formation and Implementation 163
Prime Minister's Press Office and Government 'Spin' 167
Shaping Government Departments 168
Political Accountability and Individual Ministerial Responsibility 171
Ministerial Responsibility: Answerability or Resignation? 172
Codes of Practice and the Scott Report 173
Ministerial Responsibility and the Press 175
The Civil Service 176
New Public Management and Executive Accountability 178
The Constitutional Reform and Governance Act 2010 182
Government Openness and the Freedom of Information Act 2000 183
E-Government Revolution 186
Conclusion 188
Further Reading 189
7 The Constitutional Role of the Courts 191
Part I Surveying the Constitutional Role of the Courts 191
Introduction 191
Common Law and Statutory Interpretation 192
Reforming the Office of Lord Chancellor 196
Appointing and Dismissing Judges 198
A Supreme Court for the United Kingdom 201
Part II Administrative Law and Judicial Review 203
Introduction to Administrative Law 203
Red Light and Green Light Theory 205
The Impact of Judicial Review 211
Distinguishing Public Law from Private Law 213
The Requirements of Standing 214
Grounds of Judicial Review 215
The Question of Merits 218
Judicial Review Cases 219
Part III The Constitutional Protection of Rights and the Human Rights Act 1998 222
Vertical or Horizontal Effect 225
Proportionality Review 226
Replacing the HRA with a British BUI of Rights? 236
Conclusion 240
Further Reading 241
8 Devolution and Local Governance 243
Introduction 243
Part I Devolution 246
Background to Devolution 246
Scottish Devolution 247
Welsh Devolution 255
Power-Sharing in Northern Ireland 258
Funding Devolution 262
Intergovernmental Relations 263
The Politics of Devolved Government 264
Relations with Europe 267
Devolution and the Courts 268
Part II Devolution and England 273
Addressing the West Lothian Question 274
Devolution and Parliamentary Reform 276
Part III Local Government 279
Introduction to Local Government in the United Kingdom 279
From London to Manchester: The Consolidation of Citywide Government? 280
The Framework of Local Government 283
The Financing of Local Government 285
From Compulsory Competitive Tendering to Best Value 287
Local Government, Citizen Participation and the Big Society 288
Accountability Mechanisms 291
The Prospects for Local Government 292
Conclusion 293
Further Reading 294
9 Conclusion: The UK Constitution: Facing the Future 297
UK Membership of the EU 298
The Dynamics of Devolution 300
Constitutional Protection of Citizen Rights 301
The Case for a Codified Constitution? 302
Further Reading 307
Index 309