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Constitutional and administrative law / A.W.Bradley and K.D.Ewing

By: Contributor(s): Material type: TextTextPublication details: London : Pearson., c2007Edition: 14th.edDescription: lxxiv,872 p.: 28cmISBN:
  • 9781405812078
Subject(s): DDC classification:
  • 342.41 BRA
Contents:
Preface xiii Table of Legislation xv Table of Cases xxxiii Abbreviations lxxiii PART I -- GENERAL PRINCIPLES OF CONSTITUTIONAL LAW Definition and scope of constitutional law 3 (9) Sources and nature of the constitution 12 (23) The formal sources of constitutional law 12 (8) Other rules and principles, including constitutional conventions 20 (11) Constitutional government in Britain 31 (4) The structure of the United Kingdom 35 (16) The historic structure 35 (7) Devolution of government 42 (9) Parliamentary supremacy 51 (30) The growth of the legislative authority of Parliament 51 (3) Meaning of legislative supremacy 54 (7) The continuing nature of parliamentary supremacy 61 (13) The Treaty of Union between England and Scotland 74 (3) Conclusions 77 (4) The relationship between legislature, executive and judiciary 81 (12) The rule of law 93 (14) Historical development 95 (4) The rule of law and its implications today 99 (8) Responsible and accountable government 107 (16) The United Kingdom and the European Union 123 (30) European Community institutions 125 (7) European Community law 132 (7) European Community law and British constitutional law 139 (4) Response of the courts 143 (6) Conclusion 149 (4) PART II -- THE INSTITUTIONS OF GOVERNMENT Composition and meeting of Parliament 153 (39) The electoral system 153 (4) Distribution of constituencies 157 (4) Political parties 161 (4) The conduct of elections 165 (4) Supervision of elections 169 (3) Electoral systems and electoral reform 172 (4) Membership of the House of Commons 176 (4) The House of Lords 180 (3) Reforming the membership of the House of Lords 183 (4) Meeting of Parliament 187 (5) Functions of Parliament 192 (31) Legislation 193 (9) Conflict between the two Houses 202 (6) Financial procedure 208 (7) Scrutiny of administration 215 (6) Constitutional watchdog 221 (2) Privileges of Parliament 223 (19) House of Commons 223 (11) Financial interests of members 234 (6) House of Lords 240 (2) The Crown and the royal prerogative 242 (27) The monarchy 243 (4) Personal prerogatives of the monarch 247 (5) The Queen in Council 252 (3) The royal prerogative 255 (8) The royal prerogative and the courts 263 (6) The Cabinet, government departments and the civil service 269 (31) The Prime Minister 270 (3) The Cabinet 273 (5) Ministers and departments 278 (5) Civil service: organisation and accountability 283 (6) Civil service: ethics and standards 289 (5) Open government and freedom of information 294 (6) Public bodies and regulatory agencies 300 (23) Origins and purpose 301 (3) Classification, status and composition of public bodies 304 (4) Public utilities: the general framework 308 (4) The accountability of public utilities and public utility regulators 312 (6) Advisory bodies 318 (5) Foreign affairs and the Commonwealth 323 (20) The foreign affairs prerogative, international law and the courts 323 (7) Treaties 330 (4) The United Kingdom and the Commonwealth 334 (9) The armed forces 343 (16) The constitutional structure 343 (4) Military law and human rights 347 (6) The armed forces and the ordinary law 353 (6) The Treasury, public expenditure and the economy 359 (22) The Treasury 359 (2) The Bank of England 361 (3) Public finance 364 (6) Public expenditure control and accountability 370 (6) Management of the economy 376 (5) The courts and the machinery of justice 381 (38) The courts 381 (4) The judiciary and judicial appointments 385 (3) Independence of the judiciary 388 (7) Contempt of court and safeguards for the administration of justice 395 (9) The executive and the machinery of justice 404 (6) Prosecution of offenders and miscarriages of justice 410 (9) PART III -- THE CITIZEN AND THE STATE The nature and protection of human rights 419 (23) The British approach 420 (5) European Convention on Human Rights 425 (7) The Human Rights Act 1998 432 (9) Conclusion 441 (1) Citizenship, immigration and extradition 442 (32) Citizenship 442 (8) Immigration and deportation 450 (16) Extradition 466 (8) The police and personal liberty 474 (39) Organisation of the police 474 (4) Personal liberty and police powers 478 (9) Police powers of detention and questioning of suspects 487 (6) Police powers of entry, search and seizure 493 (7) Remedies for abuse of police powers 500 (8) Accountability and control of the police 508 (5) The protection of privacy 513 (28) The case for protection 513 (1) Privacy and the ECHR 514 (3) Surveillance: acquiring information 517 (4) Interception of communications 521 (5) Storing and processing information 526 (6) Privacy and the press 532 (5) Privacy and the Human Rights Act 537 (4) Freedom of expression 541 (31) The nature of legal protection 541 (3) Censorship and prior restraints 544 (3) Regulation of television and radio 547 (4) Offences against the state and public order 551 (4) Obscene publications 555 (6) Defamation 561 (8) Breach of confidence 569 (3) Freedom of association and assembly 572 (27) Freedom of association 573 (1) The right of public meeting 574 (2) Public processions and assemblies 576 (3) Freedom of assembly and private property rights 579 (5) Public order offences 584 (8) Preventive powers of the police and courts 592 (4) Freedom of assembly and the Human Rights Act 1998 596 (3) State security and official secrets 599 (27) Emergency powers and terrorism 626 (31) Use of troops in assisting the police 626 (2) Use of troops in Northern Ireland 628 (4) Martial law 632 (3) Emergency powers in war and peace 635 (4) Emergency powers and terrorism 639 (7) The Terrorism Act 2000 and Northern Ireland 646 (3) International terrorism: additional powers 649 (4) Conclusion: terrorism and human rights 653 (4) PART IV -- ADMINISTRATIVE LAW The nature and development of administrative law 657 (17) Delegated legislation 674 (19) Historical development 674 (2) Justification of delegated legislation 676 (1) Exceptional types of delegated legislation 677 (3) Nomenclature 680 (1) Consultation of interests 681 (1) Control by Parliament 682 (5) Publication of statutory instruments 687 (1) Challenge in the courts 687 (3) Administrative rule-making 690 (3) Administrative justice 693 (32) Tribunals 695 (10) Public inquiries 705 (5) The Inquiries Act 2005 710 (5) The Parliamentary Ombudsman 715 (10) Judicial control of administrative action -- I 725 (34) Judicial review on substantive grounds 727 (15) Review on procedural grounds 742 (11) Legitimate expectations 753 (6) Judicial control of administrative action -- II 759 (25) Liability of public authorities and the Crown 784 (32) Liability of public authorities and the Crown in tort 785 (15) Contractual liability 800 (6) The Crown in litigation: privileges and immunities 806 (10) Bibliography 816 (11) Index 827
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Book Mzumbe University Main Campus Library Mzumbe University Main Campus Library 342.41 BRA (Browse shelf(Opens below)) 1 Available 0059010
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Includes index and references

Preface xiii
Table of Legislation
xv
Table of Cases
xxxiii
Abbreviations lxxiii
PART I -- GENERAL PRINCIPLES OF CONSTITUTIONAL LAW

Definition and scope of constitutional law
3 (9)
Sources and nature of the constitution
12 (23)
The formal sources of constitutional law
12 (8)
Other rules and principles, including constitutional conventions
20 (11)
Constitutional government in Britain
31 (4)
The structure of the United Kingdom
35 (16)
The historic structure
35 (7)
Devolution of government
42 (9)
Parliamentary supremacy
51 (30)
The growth of the legislative authority of Parliament
51 (3)
Meaning of legislative supremacy
54 (7)
The continuing nature of parliamentary supremacy
61 (13)
The Treaty of Union between England and Scotland
74 (3)
Conclusions
77 (4)
The relationship between legislature, executive and judiciary
81 (12)
The rule of law
93 (14)
Historical development
95 (4)
The rule of law and its implications today
99 (8)
Responsible and accountable government
107 (16)
The United Kingdom and the European Union
123 (30)
European Community institutions
125 (7)
European Community law
132 (7)
European Community law and British constitutional law
139 (4)
Response of the courts
143 (6)
Conclusion
149 (4)
PART II -- THE INSTITUTIONS OF GOVERNMENT

Composition and meeting of Parliament
153 (39)
The electoral system
153 (4)
Distribution of constituencies
157 (4)
Political parties
161 (4)
The conduct of elections
165 (4)
Supervision of elections
169 (3)
Electoral systems and electoral reform
172 (4)
Membership of the House of Commons
176 (4)
The House of Lords
180 (3)
Reforming the membership of the House of Lords
183 (4)
Meeting of Parliament
187 (5)
Functions of Parliament
192 (31)
Legislation
193 (9)
Conflict between the two Houses
202 (6)
Financial procedure
208 (7)
Scrutiny of administration
215 (6)
Constitutional watchdog
221 (2)
Privileges of Parliament
223 (19)
House of Commons
223 (11)
Financial interests of members
234 (6)
House of Lords
240 (2)
The Crown and the royal prerogative
242 (27)
The monarchy
243 (4)
Personal prerogatives of the monarch
247 (5)
The Queen in Council
252 (3)
The royal prerogative
255 (8)
The royal prerogative and the courts
263 (6)
The Cabinet, government departments and the civil service
269 (31)
The Prime Minister
270 (3)
The Cabinet
273 (5)
Ministers and departments
278 (5)
Civil service: organisation and accountability
283 (6)
Civil service: ethics and standards
289 (5)
Open government and freedom of information
294 (6)
Public bodies and regulatory agencies
300 (23)
Origins and purpose
301 (3)
Classification, status and composition of public bodies
304 (4)
Public utilities: the general framework
308 (4)
The accountability of public utilities and public utility regulators
312 (6)
Advisory bodies
318 (5)
Foreign affairs and the Commonwealth
323 (20)
The foreign affairs prerogative, international law and the courts
323 (7)
Treaties
330 (4)
The United Kingdom and the Commonwealth
334 (9)
The armed forces
343 (16)
The constitutional structure
343 (4)
Military law and human rights
347 (6)
The armed forces and the ordinary law
353 (6)
The Treasury, public expenditure and the economy
359 (22)
The Treasury
359 (2)
The Bank of England
361 (3)
Public finance
364 (6)
Public expenditure control and accountability
370 (6)
Management of the economy
376 (5)
The courts and the machinery of justice
381 (38)
The courts
381 (4)
The judiciary and judicial appointments
385 (3)
Independence of the judiciary
388 (7)
Contempt of court and safeguards for the administration of justice
395 (9)
The executive and the machinery of justice
404 (6)
Prosecution of offenders and miscarriages of justice
410 (9)
PART III -- THE CITIZEN AND THE STATE

The nature and protection of human rights
419 (23)
The British approach
420 (5)
European Convention on Human Rights
425 (7)
The Human Rights Act 1998
432 (9)
Conclusion
441 (1)
Citizenship, immigration and extradition
442 (32)
Citizenship
442 (8)
Immigration and deportation
450 (16)
Extradition
466 (8)
The police and personal liberty
474 (39)
Organisation of the police
474 (4)
Personal liberty and police powers
478 (9)
Police powers of detention and questioning of suspects
487 (6)
Police powers of entry, search and seizure
493 (7)
Remedies for abuse of police powers
500 (8)
Accountability and control of the police
508 (5)
The protection of privacy
513 (28)
The case for protection
513 (1)
Privacy and the ECHR
514 (3)
Surveillance: acquiring information
517 (4)
Interception of communications
521 (5)
Storing and processing information
526 (6)
Privacy and the press
532 (5)
Privacy and the Human Rights Act
537 (4)
Freedom of expression
541 (31)
The nature of legal protection
541 (3)
Censorship and prior restraints
544 (3)
Regulation of television and radio
547 (4)
Offences against the state and public order
551 (4)
Obscene publications
555 (6)
Defamation
561 (8)
Breach of confidence
569 (3)
Freedom of association and assembly
572 (27)
Freedom of association
573 (1)
The right of public meeting
574 (2)
Public processions and assemblies
576 (3)
Freedom of assembly and private property rights
579 (5)
Public order offences
584 (8)
Preventive powers of the police and courts
592 (4)
Freedom of assembly and the Human Rights Act 1998
596 (3)
State security and official secrets
599 (27)
Emergency powers and terrorism
626 (31)
Use of troops in assisting the police
626 (2)
Use of troops in Northern Ireland
628 (4)
Martial law
632 (3)
Emergency powers in war and peace
635 (4)
Emergency powers and terrorism
639 (7)
The Terrorism Act 2000 and Northern Ireland
646 (3)
International terrorism: additional powers
649 (4)
Conclusion: terrorism and human rights
653 (4)
PART IV -- ADMINISTRATIVE LAW

The nature and development of administrative law
657 (17)
Delegated legislation
674 (19)
Historical development
674 (2)
Justification of delegated legislation
676 (1)
Exceptional types of delegated legislation
677 (3)
Nomenclature
680 (1)
Consultation of interests
681 (1)
Control by Parliament
682 (5)
Publication of statutory instruments
687 (1)
Challenge in the courts
687 (3)
Administrative rule-making
690 (3)
Administrative justice
693 (32)
Tribunals
695 (10)
Public inquiries
705 (5)
The Inquiries Act 2005
710 (5)
The Parliamentary Ombudsman
715 (10)
Judicial control of administrative action -- I
725 (34)
Judicial review on substantive grounds
727 (15)
Review on procedural grounds
742 (11)
Legitimate expectations
753 (6)
Judicial control of administrative action -- II
759 (25)
Liability of public authorities and the Crown
784 (32)
Liability of public authorities and the Crown in tort
785 (15)
Contractual liability
800 (6)
The Crown in litigation: privileges and immunities
806 (10)
Bibliography 816 (11)
Index 827

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