ENTICK V CARRINGTON 250 YEARS OF THE RULE OF LAW HART STUDIES IN COMPARATIVE PUBLIC LAW

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Entick V Carrington

Author : Adam Tomkins
ISBN : 9781509901944
Genre : Law
File Size : 75.34 MB
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Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, despatched Nathan Carrington and three other of the King's messengers to John Entick's house in Stepney. They broke into his house, seizing his papers and causing significant damage. Why? Because he was said to have written seditious papers published in the Monitor. Entick sued Carrington and the other messengers for trespass. The defendants argued that the Earl of Halifax had given them legal authority to act as they had. Lord Camden ruled firmly in Entick's favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful. The case is a canonical statement of the common law's commitment to the constitutional principle of the rule of law. In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on.
Category: Law

Comparative Federalism

Author : Francesco Palermo
ISBN : 9781509901517
Genre : Law
File Size : 60.61 MB
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This is the first comprehensive book that explores the subject of federalism from the perspective of comparative constitutional law, whilst simultaneously placing a strong emphasis on how federal systems work in practice. This focus is reflected in the book's two most innovative elements. First, it analyses from a comparative point of view how government levels exercise their powers and interact in several highly topical policy areas like social welfare, environmental protection or migrant integration. Second, the book incorporates case law boxes discussing seminal judgments from federal systems worldwide and thus demonstrates the practical impact of constitutional jurisprudence on policymakers and citizens alike. "This is simply the best analysis of contemporary federalism currently available. It is comprehensive in its coverage, thorough in its analysis, and persuasive in its conclusions. Every student of federalism, from novice to expert, will find benefit from this volume.†? Professor G Alan Tarr, Rutgers University "Wading through the thicket of the multiple forms that the federal idea has taken in the contemporary world, this remarkably comprehensive treatise backed by case law fills a long-awaited gap in the literature on comparative federalism. It combines a mastery of the literature on federal theory with a critical understanding of how it plays out in practice. Outstanding in the breadth of its scope, this magisterial survey will serve as a work of reference for generations of scholars who seek to understand how federalism works in developed as well as developing countries.†? Professor Balveer Arora, Jawaharlal Nehru University New Delhi "This book is an extraordinarily handy work of reference on the diverse federal-type systems of the world. It handles both shared principles and differences of perspective, structure or practice with confidence and ease. It will become a standard work for scholars and practitioners working in the field.†? Professor Cheryl Saunders, The University of Melbourne "This is a remarkable book – for its sheer breadth of scope, combining detail of practice with analysis of federal principles, and for its fresh look at federalism. With great erudition, drawing on world scholarship and the practice of federalism across the globe, Palermo and Kössler magnificently traverse from the ancient roots of federalism to the contemporary debates on ethno-cultural dimensions and participatory democracy. The book sets a new benchmark for the study of comparative federalism, providing new insights that are bound to influence practice in an era where federal arrangements are expected to deliver answers to key governance and societal challenges.†? Professor Nico Steytler, University of the Western Cape
Category: Law

Soft Law And Public Authorities

Author : Greg Weeks
ISBN : 9781782256908
Genre : Law
File Size : 33.26 MB
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This book considers the phenomenon of soft law employed by domestic public authorities. Lawyers have long understood that public authorities are able to issue certain communications in a way that causes them to be treated like law, even though these are neither legislation nor subordinate legislation. Importantly for soft law as a regulatory tool, people tend to treat soft law as binding even though public authorities know that it is not. It follows that soft law's 'binding' effects do not apply equally between the public authority and those to whom it is directed. Consequently, soft law is both highly effective as a means of regulation, and inherently risky for those who are regulated by it. Rather than considering soft law as a form of regulation, this book examines the possible remedies when a public authority breaches its own soft law upon which people have relied, thereby suffering loss. It considers judicial review remedies, modes of compensation which are not based upon a finding of invalidity, namely tort and equity, and 'soft' challenges outside the scope of the courts, such as through the Ombudsman or by seeking an ex gratia payment.
Category: Law

Public Law

Author : Adam Tomkins
ISBN : 9780191018602
Genre : Law
File Size : 77.55 MB
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Written in the well-established tradition of the Clarendon Law Series, Public Law offers a stimulating re-interpretation of the central themes and problems of English constitutional law. It offers full consideration of the historical development of public law. This book is an introduction that will be especially appealing to the enquiring student who is looking to reflect critically on the assumptions underpinning the standard presentation of the subject.Written throughout in an engaging and accessible style, Public Law examines the issues of power and accountability that are central to constitutional and administrative law. Among the topics considered are the unwritten nature of the constitution, the changing relationship between the law and the politics of the constitution, the separation of powers, the enduring influence of the crown, the role and functions of Parliament, questions of responsible government, and the law of judicialreview and human rights.
Category: Law

Our Republican Constitution

Author : Adam Tomkins
ISBN : 9781847311191
Genre : Law
File Size : 67.25 MB
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This new book by Adam Tomkins sets out a radical vision of the British constitution. It argues that despite its outwardly monarchic form the constitution is profoundly informed, and indeed shaped, by values and practices of republicanism. The republican reading of the constitution presented in this book places political accountability at the core of the constitutional order. As such, Our Republican Constitution offers a powerful rejoinder to the current trend in legal scholarship that sees the common law and the courts, rather than Parliament, as the central players in holding government to account. The book further contends that while the constitution should be understood as having republican foundations, current constitutional practice is, in a number of respects, insufficiently republican in character. The book closes by outlining a programme of republican constitutional reform that is designed to secure genuinely responsible government. This is an original and provocative reinterpretation of the central themes of the British constitution, drawing on constitutional history (especially of the seventeenth century), political theory and public law.
Category: Law

Introduction To Public Law

Author : Elisabeth Zoller
ISBN : 9789047440475
Genre : Law
File Size : 24.53 MB
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Introduction to Public Law offers a new approach to public law, defined as the law of the public good, by drawing on historical and comparative analysis of England, France, Germany and the United States.
Category: Law

Unlocking Constitutional And Administrative Law

Author : Mark Ryan
ISBN : 9781444179620
Genre : Law
File Size : 65.8 MB
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Constitutional and administrative law (Public law) is an essential element of all law degrees. UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW will ensure that you grasp the main concepts with ease, providing you with an indispensable foundation in the subject. This revised third edition is fully up-to-date with the latest key changes in the law. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives, activities such as self-test questions, key facts charts to consolidate your knowledge diagrams to aid memory and understanding prominently displayed cases and judgments chapter summaries a glossary of legal terminology essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions and updates to the law.
Category: Law

The Separation Of Powers In The Contemporary Constitution

Author : Roger Masterman
ISBN : 9781139494298
Genre : Law
File Size : 36.76 MB
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In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Category: Law

The Fabrication Of Social Order

Author : Mark Neocleous
ISBN : 0745314848
Genre : Political Science
File Size : 34.68 MB
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Anyone who considers questions of power cannot help but be struck by the ubiquitous nature, emotional force and political pull of the concept of order. The Fabrication of Social Order examines the role of policing in the fabrication of order.After an initial exploration of the original relationship between police, state power and the question of order, Neocleous focuses on the ways in which eighteenth century liberalism refined and narrowed the concept of the police, a process which masked the power of capital and broader issues of social control. In doing so he challenges the way liberalism came to define policing solely in terms of the question of crime and the rule of law. This liberal definition created a limited and fundamentally misleading understanding of policing which remains in use today. In contrast, Neocleous argues for an expanded concept of police, adequate to the expansive set of institutions through which policing takes place. These institutions are concerned not just with the maintenance or reproduction of order, but with its fabrication, especially the fabrication of a social order based on wage labour. This project, he argues, should be understood as the project of social security. Grasping this point allows a fuller understanding of the ways in which the state polices and secures civil society, and how order is fabricated through law and administration.
Category: Political Science

Coleridge S Laws

Author : Barry Hough
ISBN : 9781906924126
Genre : Biography & Autobiography
File Size : 39.7 MB
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Samuel Taylor Coleridge is best known as a great poet and literary theorist, but for one, quite short, period of his life he held real political power - acting as Public Secretary to the British Civil Commissioner in Malta in 1805. This was a formative experience for Coleridge which he later identified as being one of the most instructive in his entire life. In this volume Barry Hough and Howard Davis show how Coleridge's actions whilst in a position of power differ markedly from the idealism he had advocated before taking office - shedding new light on Coleridge's sense of political and legal morality.
Category: Biography & Autobiography