The British Constitution Resettled
The British Constitution Resettled

Author: Jim McConalogue

Publisher: Springer

Published: 2019-07-17

Total Pages: 299

ISBN-13: 3030252906

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Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

Brexit and the Northern Ireland Constitution
Brexit and the Northern Ireland Constitution

Author: Lisa Claire Whitten

Publisher: Oxford University Press

Published: 2023-12-12

Total Pages: 337

ISBN-13: 0198882041

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Brexit and the Northern Ireland Constitution considers the intersection of two processes: the complex and constitutional process of the United Kingdom's withdrawal from the European Union - Brexit - and the steady yet fragile development of the Northern Ireland constitution deriving, primarily, from the Belfast 'Good Friday' Agreement of 1998. Interdisciplinary in approach, the analysis draws on legal and political theory to develop a novel framework for assessing the progressive impact of Brexit on the Northern Ireland constitution based on systematic definitions of both. This approach elucidates dynamics and implications not yet considered in the otherwise extensive debates about Brexit and its impacts on Northern Ireland. Based on detailed analysis of the Brexit process it is argued that its impact on the constitution of Northern Ireland has been profound. Fundamentally, Brexit changed the political and legal environment in which the Northern Ireland constitution had existed for over twenty years. Embracing 'constructive ambiguity' the 1998 Agreement recognises and accommodates the concerns of both unionists and nationalists in Northern Ireland; it did not therefore solve the constitutional conflict but rather allowed it to be managed differently through an innovative system of multileveled governance: within Northern Ireland (power-sharing devolution), on the island of Ireland (North-South cooperation), and between the islands of Great Britain and Ireland (East-West cooperation) all underpinned by a multifaceted principle of constitutional, popular, and cross-community consent. By forcing a paradigmatic shift in the way that the systems of government established by the 1998 Agreement operate, Brexit disrupted the 'constructively ambiguous' compromise that it represents. Completed two years after the legal implementation of UK withdrawal from the EU, Whitten concludes by considering the potential longer-term constitutional repercussions of Brexit both within and beyond Northern Ireland's (recently notorious) borders.

The Reformation of the Constitution
The Reformation of the Constitution

Author: Ian Ward

Publisher: Bloomsbury Publishing

Published: 2024-05-02

Total Pages: 231

ISBN-13: 1509957774

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This book revisits one of the defining judicial engagements in English legal history. It provides a fresh account of the years 1606 to 1616 which witnessed a series of increasingly volatile confrontations between, on the one side, King James I and his Attorney-General, Sir Francis Bacon, and on the other, Sir Edward Coke, successively Chief Justice of Common Pleas and Lord Chief Justice. At the heart of the dispute were differing opinions regarding the nature of kingship and the reach of prerogative in reformation England. Appreciating the longer context, in the summer of 1616 King James appealed for a reformation of law and constitution to complement the reformation of his Church. Later historians would discern in these debates the seeding of a century of revolution, followed by another four centuries of reform. This book ventures the further thought that the arguments which echoed around Westminster Hall in the first years of the seventeenth century have lost little of their resonance half a millennium on. Breaks with Rome are little easier to 'get done', the margins of executive governance little easier to draw.

The Language of Constitutional Comparison
The Language of Constitutional Comparison

Author: Venter, Francois

Publisher: Edward Elgar Publishing

Published: 2022-03-04

Total Pages: 288

ISBN-13: 1800882580

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In this incisive and thought-provoking book, Francois Venter illuminates the issues arising from the fact that the current language of constitutional law is strongly premised on a particular worldview rooted in the history of the states around the North Atlantic Ocean. Highlighting how this terminological hegemony is being challenged from various directions, Venter explores the problem that all constitutional comparatists face: that they all must use the same words to express different meanings.

The Brexit Effect
The Brexit Effect

Author: Gianfranco Baldini

Publisher: Taylor & Francis

Published: 2022-11-24

Total Pages: 171

ISBN-13: 1000771628

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This book examines the seismic impact of Brexit on the British political system, assessing its likely long-term effect in terms of a significantly changed political and constitutional landscape. Starting with the 2015 general election and covering key developments up to "Brexit Day", it shows how Brexit "transformed" British politics. The unprecedented turmoil – two snap elections, three Prime Ministers, the biggest ever defeat for the Government in Parliament, an impressive number of rebellions and reshuffles in Cabinet and repeated requests for a second independence referendum in Scotland – as a result of leaving the EU, calls into question what sort of political system the post-Brexit UK will become. Taking Lijphart’s "Westminster model" as its reference, the book assesses the impact of Brexit along three dimensions: elections and parties; executive–legislative relationships; and the relationship between central and devolved administrations. Based on a wealth of empirical material, including original interviews with key policymakers and civil servants, it focuses on the "big picture" and analytically maps the direction of travel for the UK political system. This book will be of key interest to scholars and students of Brexit, British politics, constitutional, political, and contemporary history, elections and political parties, executive politics, and territorial politics as well as more broadly related practitioners and journalists. Chapters one and two of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license. Funded by the University of Trento and the Sant’Anna School of Advanced Studies.

Research Handbook on Legal Aspects of Brexit
Research Handbook on Legal Aspects of Brexit

Author: Adam Łazowski

Publisher: Edward Elgar Publishing

Published: 2022-11-18

Total Pages: 591

ISBN-13: 1800373147

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Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.

Brexit and its Aftermath
Brexit and its Aftermath

Author: Sophie Loussouarn

Publisher: Bloomsbury Publishing

Published: 2022-05-19

Total Pages: 233

ISBN-13: 0755640802

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The British referendum on the membership of the European Union on 23 June 2016 was a cataclysmic event in British and European politics. Years later the consequences are still unknown. This collection seeks to answer the key questions relating to the consequences of Brexit and the future of Britain. Will Brexit affect the British constitution? Is Brexit likely to lead to the breakup of the UK – with Scotland and Northern Ireland seeking independence? How will Covid-19 delay lingering political questions brought on by Brexit? These key questions and more, relating to both domestic and foreign policy, are answered by a range of contributors including expert academics, policy-makers and Members of Parliament and addresses both European and British policy-making.

Administrative Traditions
Administrative Traditions

Author: B. Guy Peters

Publisher: Oxford University Press

Published: 2021-02-02

Total Pages: 288

ISBN-13: 0192645455

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Contemporary public administration reflects its historical roots, as well as contemporary ideas about how the public bureaucracy should be organized and function. This book argues that there are administrative traditions that have their roots centuries ago but continue to influence administrative behaviour. Further within Western Europe, North America, and the Antipodes there are four distinctive administrative traditions: Anglo-American, Napoleonic, Germanic, and Scandinavian. These are not the only traditions however, and the book also explores administrative traditions in Central and Eastern Europe, Latin America, Asia, and the Islamic world. In addition, the book contains a discussion of how administrative traditions of the colonial powers influenced contemporary administration in Africa, and how they continue to interact with traditional forms of governance. These discussions of tradition and persistence are also discussed in light of the numerous attempts to reform and change public administration. Some administrative traditions have been more capable than others of resisting attempts at reform, especially those associated with the New Public Management.

Handbook on the European Union and Brexit
Handbook on the European Union and Brexit

Author: John E. Fossum

Publisher: Edward Elgar Publishing

Published: 2023-01-17

Total Pages: 541

ISBN-13: 1839100699

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Brexit has irrevocably transformed British politics, yet its effects are not confined to relations between the UK and the EU. Venturing beyond the already vast literature on Brexit, this dynamic Handbook explores the implications of the UK’s withdrawal from the EU for the EU itself, single countries within and beyond Europe, and the international system, as well as different social groups, generations, and territories within the UK.

British Government and the Constitution
British Government and the Constitution

Author: Colin Turpin

Publisher: Cambridge University Press

Published: 2011-09-01

Total Pages: 910

ISBN-13: 9780521185110

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This marketing-leading textbook retains the engaging and scholarly approach of previous editions, while bringing the landscape of public law completely up-to-date. With text and materials integrated throughout and an accompanying author blogspot, this textbook is, quite simply, required reading for all students of public law.