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Key Ideas in Law: The Rule of Law and the Separation of Powers
Taschenbuch von Jack Beatson
Sprache: Englisch

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Beschreibung
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.

Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.

The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.

Set against this backdrop, the book answers the following questions:
- How accessible is the law and how does it avoid arbitrariness?
- How is access to justice protected?
- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?
- How does our democracy enable majorities and protect minorities?
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.

Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.

The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.

Set against this backdrop, the book answers the following questions:
- How accessible is the law and how does it avoid arbitrariness?
- How is access to justice protected?
- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?
- How does our democracy enable majorities and protect minorities?
Über den Autor
Jack Beatson was a High Court Judge between 2003 and 2013 and a Lord Justice of Appeal between 2013 and 2018. He was previously a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge, UK.
Zusammenfassung
Written by Sir Jack Beatson, who is renowned as an outstanding scholar, judge and law reformer
Inhaltsverzeichnis
1. Overview
2. Formal and Substantive Conceptions of the Rule of Law
3. Dicey's Rule of Law and the Twentieth-Century Critiques
4. Accessibility of Law
5. Avoiding Arbitrariness
6. Access to Justice
7. An Independent and Impartial Judiciary
8. The Separation of Powers and the Balance of Responsibilities
9. Enabling Majorities and Protecting Minorities in Our Democracy
Details
Erscheinungsjahr: 2021
Fachbereich: Öffentliches Recht
Genre: Recht
Produktart: Nachschlagewerke
Rubrik: Recht & Wirtschaft
Medium: Taschenbuch
Seiten: 192
Inhalt: Kartoniert / Broschiert
ISBN-13: 9781509938773
ISBN-10: 150993877X
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Beatson, Jack
Redaktion: Mcbride, Nicholas J.
Hersteller: Bloomsbury Publishing PLC
Maße: 216 x 141 x 15 mm
Von/Mit: Jack Beatson
Erscheinungsdatum: 29.07.2021
Gewicht: 0,255 kg
preigu-id: 119732705
Über den Autor
Jack Beatson was a High Court Judge between 2003 and 2013 and a Lord Justice of Appeal between 2013 and 2018. He was previously a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge, UK.
Zusammenfassung
Written by Sir Jack Beatson, who is renowned as an outstanding scholar, judge and law reformer
Inhaltsverzeichnis
1. Overview
2. Formal and Substantive Conceptions of the Rule of Law
3. Dicey's Rule of Law and the Twentieth-Century Critiques
4. Accessibility of Law
5. Avoiding Arbitrariness
6. Access to Justice
7. An Independent and Impartial Judiciary
8. The Separation of Powers and the Balance of Responsibilities
9. Enabling Majorities and Protecting Minorities in Our Democracy
Details
Erscheinungsjahr: 2021
Fachbereich: Öffentliches Recht
Genre: Recht
Produktart: Nachschlagewerke
Rubrik: Recht & Wirtschaft
Medium: Taschenbuch
Seiten: 192
Inhalt: Kartoniert / Broschiert
ISBN-13: 9781509938773
ISBN-10: 150993877X
Sprache: Englisch
Einband: Kartoniert / Broschiert
Autor: Beatson, Jack
Redaktion: Mcbride, Nicholas J.
Hersteller: Bloomsbury Publishing PLC
Maße: 216 x 141 x 15 mm
Von/Mit: Jack Beatson
Erscheinungsdatum: 29.07.2021
Gewicht: 0,255 kg
preigu-id: 119732705
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