The Office of Lord Chancellor

The Office of Lord Chancellor
Author: Diana Woodhouse
Publisher: Bloomsbury Publishing
Total Pages: 232
Release: 2001-04-30
Genre: Law
ISBN: 1847313000

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The office of Lord Chancellor is one that has frequently been questioned. However,the extent and diversity of the questioning seldom attained the proportions reached in the final years of the twentieth century, when they drew attention to the deficiencies of the position of Lord Chancellor, the inherent tensions within that position and the incongruity of such a role in a modern democracy. This book examines these questions. It analyses the development and current position of the Lord Chancellor as head of the judiciary, member of the Cabinet, judge and Speaker in the House of Lords and considers his role in relation to judicial appointments. It also looks at the LCD, the development of which acts as an indicator of the changes in the office of Lord Chancellor. It concludes by making proposals for reform, the most far-reaching of which is the abolition of the office.

The Separation of Powers in the Contemporary Constitution

The Separation of Powers in the Contemporary Constitution
Author: Roger Masterman
Publisher: Cambridge University Press
Total Pages: 297
Release: 2010-12-02
Genre: Law
ISBN: 1139494295

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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.

The Office of Lord Chancellor

The Office of Lord Chancellor
Author: Diana Woodhouse
Publisher: Hart Publishing
Total Pages: 233
Release: 2001-05-21
Genre: Law
ISBN: 1841130214

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This book analyses the development and current position of the Lord Chancellor in his various roles.

Key Ideas in Law: The Rule of Law and the Separation of Powers

Key Ideas in Law: The Rule of Law and the Separation of Powers
Author: Jack Beatson
Publisher: Bloomsbury Publishing
Total Pages: 193
Release: 2021-07-29
Genre: Law
ISBN: 150993880X

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Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy. Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times. The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government. Set against this backdrop, the book answers the following questions: - How accessible is the law and how does it avoid arbitrariness? - How is access to justice protected? - How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? - How does our democracy enable majorities and protect minorities?

The Independence of the Judiciary

The Independence of the Judiciary
Author: Robert Bocking Stevens
Publisher:
Total Pages: 248
Release: 1993
Genre: Law
ISBN:

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This modern study of the independence of the judiciary in England utilizes the perceptions of the Lord Chancellor's Office to provide a fresh examination of the importance of this concept in British constitutional law and politics. Working from the records of the Lord Chancellor's Office, the author discusses a number of issues: the appointment of judges and the attempt to remove them; the disciplining of judges; their role in the Courts; their executive responsibilities, and the role of English judges in the Judicial Committee of the Privy Council. This important work also examines the battles within and around the judiciary in the past thirty years, and places them in the broader context of the separation of powers, the legal system, and the politics of the period.

The English Constitution

The English Constitution
Author: Walter Bagehot
Publisher: Createspace Independent Publishing Platform
Total Pages: 370
Release: 1867
Genre: History
ISBN:

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There is a great difficulty in the way of a writer who attempts to sketch a living Constitution-a Constitution that is in actual work and power. The difficulty is that the object is in constant change. An historical writer does not feel this difficulty: he deals only with the past; he can say definitely, the Constitution worked in such and such a manner in the year at which he begins, and in a manner in such and such respects different in the year at which he ends; he begins with a definite point of time and ends with one also. But a contemporary writer who tries to paint what is before him is puzzled and a perplexed: what he sees is changing daily. He must paint it as it stood at some one time, or else he will be putting side by side in his representations things which never were contemporaneous in reality.

Constitutional and Administrative Law

Constitutional and Administrative Law
Author: David Pollard
Publisher: Oxford University Press
Total Pages: 974
Release: 2007-06-14
Genre: Language Arts & Disciplines
ISBN: 019928637X

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The fourth edition of Constitutional and Administrative Law: Text with Materials provides a wealth of essential materials drawn from a wide range of sources and integrated with lively commentary. It enables students to gain a full understanding of public law by explaining the context of its historical development and current political climate.