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.
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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
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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.
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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.
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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.
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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

Om bidragsyterne

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