This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law.
This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).
Table of Contents
1. Constitutional Theory and the British Constitution after Devolution. 2. The Nature and Role of Constitutional Conventions. 3. The Rule of Law and the Separation of Powers. 4. Parliamentary Sovereignty. 5. The European Union and Parliamentary Sovereignty. 6. Devolution. 7. The European Convention on Human Rights. 8. The Commons: Elections, Parties, Legislation and Scrutiny. 9. The House of Lords and Reform. 10. Parliamentary Privilege. 11. Prerogative Powers. 12. The Central Executive: Structures and Accountability. 13. Official Secrecy and Access to Information. 14. Judicial Review: Availability, Applicability, Procedural Exclusivity. 15. Grounds of Judicial Review. 16. Ombudsmen. 17. The Traditional Protection of Civil Liberties in Britain and the Impact of the Human Rights Act 1998. 18. Freedom of Expression. 19. Freedom of Assembly, Public Protest and Public Order. 20. Police Powers.
Helen Fenwick is a Professor of Law at Durham University, specialising in human rights, and counter-terrorism law and policy.
Gavin Phillipson is a Professor of Law at Durham University, where he researches and teaches Constitutional Law, Human Rights and Media Law.
Alexander Williams is a Lecturer in Law at Durham University. He researches and teaches in Public Law and Human Rights.