John Alder - Constitutional and Administrative Law

palgrave law masters

constitutional and administrative law

palgrave law masters

Company Law Janet Dine and Marios Koutsias

Constitutional and Administrative Law John Alder

Contract Law Ewan McKendrick

Criminal Law Jonathan Herring

Employment Law Deborah J Lockton

Evidence Raymond Emson

Family Law Kate Standley and Paula Davies

Intellectual Property Law Tina Hart, Simon Clark and Linda Fazzani

Land Law Mark Davys

Landlord and Tenant Law Margaret Wilkie, Peter Luxton, Jill Morgan and Godfrey Cole

Legal Method Ian McLeod

Legal Theory Ian McLeod

Medical Law Jo Samanta and Ash Samanta

Sports Law Mark James

Torts Alastair Mullis and Ken Oliphant

Trusts Law Charlie Webb and Tim Akkouh

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palgrave law masters

constitutional and administrative law

john alder

Emeritus Professor of Law, Newcastle University

Visiting Professor of Law, Bangor University

Tenth edition

John Alder 1989, 1994, 1999, 2002, 2005, 2007, 2009, 2011, 2013 and 2015

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Preface

As in previous editions, the aims of the book are firstly to explain the main principles of United Kingdom constitutional law in the context of the political and legal values that influence their development and secondly to draw attention to the main controversies. The book is intended as a self-contained text for those new to the subject and a starting point for more advanced students.

The main legislative developments since the previous edition weaken the rule of law in favour of the executive. They include the Crime and Courts Act 2013 and the Criminal Justice and Courts Act 2014 which weaken judicial review of governmental action. The Immigration Act 2014 restricts appeals and access to public services by immigrants, and the Justice and Security Act 2013 introduces secrecy in civil cases. The Data Retention and Investigatory Powers Act 2014, which was rushed through Parliament in two days without detailed discussion, reinforces government power to obtain personal information.

On the other hand the Crime and Courts Act 2013 strengthens the separation of powers by transferring the Lord Chancellors role in junior judicial appointments to the Lord Chief Justice and enhances freedom of expression by abolishing the old offence of scandalizing the judiciary. The Defamation Act 2013 restricts jury trial but on the whole reinforces the right to freedom of speech.

The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 makes some inroads upon the culture of petty corruption in public affairs by making professional lobbying of government more transparent, but places new restrictions on volunteer political campaigners during elections. In relation to the more archaic aspects of the constitution, the Succession to the Crown Act 2013 removes some discriminatory disqualifications from the monarchy, and the House of Lords Reform Act 2014 makes much needed albeit peripheral reforms which may help the House of Lords to salvage its tawdry reputation by exercising greater control over the conduct of its members.

The cases continue to raise important constitutional issues notably in respect of democracy, parliamentary supremacy, parliamentary privilege, devolution, voting rights, open justice and freedom of information. In relation to judicial review and human rights there are new cases on fairness, fettering discretion, deprivation of liberty, freedom of religion, freedom of expression, the authority of Strasbourg cases and the Declaration of Incompatibility.

The Political and Constitutional Reform Select Committee of the House of Commons has published its report on the case for a written constitution: A New Magna Carta? (July 2014). This provides a useful summary of constitutional principles. There is also a report from the Joint Committee on Parliamentary Privilege providing an overview of the topic but without recommending major changes.

, all of which are substantially revised, concern the underlying legal principles of the rule of law, the separation of powers and parliamentary sovereignty. In particular there is increased material on judicial accountability and independence.

(substantially revised) discusses the most important international influence, namely the EU, which is firmly anchored into domestic law.

, Devolution, includes the possible constitutional unravelling in the wake of the referendum on Scottish independence in September 2014.

there is a new section, Open Justice, in connection with freedom of the press and government secrecy: The Counter Terrorism and Security Bill (20145) is included as it stood when it left the Commons in January 2015.

As regards further reading, references to books and articles in the text are to writings that expand on the point in question. The Further Reading at the end of each chapter discusses fundamental and controversial general issues for those who require greater depth or more ideas and points of view. Readings considered particularly accessible to students are marked *. Short references in the text are to the Further Reading.

Unless otherwise stated, the main classical works cited throughout are as follows:

Bagehot, The English Constitution, ed. Crossman (8th edn, Fontana/Collins 1963)

Dicey, An Introduction to the Study of the Law of the Constitution (8th edn, Macmillan 1915, referenced as last edition for which Dicey was himself responsible); (10th edn, Macmillan 1958, ed. ECS Wade)

Hobbes, Leviathan, ed. Minogue (Dent 1973)

Locke, Two Treatises of Government