A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?
This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
Les mer
This volume will begin to answer questions about the practical, day-to-day relationship between law and politics in a number of settings.
Part 1: Introduction
1. Beginning at the Beginning: The Relationships between Politics and Law
David Feldman
Part 2: Lawyer-Politicians
2. Lawyers, MPs and Judges
Ross Cranston
3. Lawyers in the House of Commons
David Howarth
4. The Form and Language of Legislation
Alan Rodger
Part 3: Lawyers Advising Government
5. Legislation and Politics
Stephen Laws
6. Whitehall, Transparency, and the Law
David Seymour
7. The Role of Public International Lawyers in Government
Michael Wood
8. Government Legal Advisers through the Ethics Looking Glass
Matthew Windsor
Part 4: Politics and Legal Change
9. Law Reform in a Political Environment: The Work of the Law Commissions
Elizabeth Cooke and Hector MacQueen
10. Parliament Act 1911 in its Historical Context
Philip Norton
11. The Parliament Act 1949
Chris Ballinger
12. The Realities of the Parliament Act 1911
Daniel Greenberg
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
Part 5: Politics, the Constitution, and Beyond
14. International Law and Great Power Politics
Matthew Parish
15. Law and Democracy in a Human Rights Framework
Philip Sales
16. Politics, Law and Constitutional Moments in the UK
Dawn Oliver
17. Looking Back and Moving On
David Feldman
Les mer
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.
Les mer
This collection of essays the practical, day-to-day relationship between law and politics in a number of settings.
The book includes chapters by current and former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meet politics in government.
A fascinating study for those interested in how law impacts on politicians through their legal advisers and civil servants.
Les mer
A forum for the publication of works which engage with the pressing issues in constitutional law today.
The series is potentially concerned with a wide range of topics, including constitutional practice, the principles of constitutional law, constitutional history, and the modern growth of constitutionalism.
The series is not confined to works by legal scholars but embraces a wide understanding of constitutional scholarship to include works by political scientists and historians, especially where their insights enable a deeper understanding of constitutional practice.
Les mer
Produktdetaljer
ISBN
9781849464734
Publisert
2013-12-05
Utgiver
Vendor
Hart Publishing
Vekt
671 gr
Høyde
244 mm
Bredde
171 mm
Dybde
18 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
294
Redaktør