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Law in Politics, Politics in Law: Hart Studies in Constitutional Law

Editat de Professor David Feldman
en Limba Engleză Hardback – 4 dec 2013
A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
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Specificații

ISBN-13: 9781849464734
ISBN-10: 1849464731
Pagini: 294
Dimensiuni: 171 x 244 x 18 mm
Greutate: 0.67 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Hart Studies in Constitutional Law

Locul publicării:London, United Kingdom

Caracteristici

This collection of essays the practical, day-to-day relationship between law and politics in a number of settings.The book includes chapters by current and former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meet politics in government.A fascinating study for those interested in how law impacts on politicians through their legal advisers and civil servants.

Notă biografică

David Feldman is the Rouse Ball Professor of English Law at the University of Cambridge, and a Fellow of Downing College.

Cuprins

Part 1: Introduction1. Beginning at the Beginning: The Relationships between Politics and Law David FeldmanPart 2: Lawyer-Politicians2. Lawyers, MPs and Judges Ross Cranston3. Lawyers in the House of Commons David Howarth4. The Form and Language of Legislation Alan RodgerPart 3: Lawyers Advising Government5. Legislation and Politics Stephen Laws6. Whitehall, Transparency, and the Law David Seymour7. The Role of Public International Lawyers in Government Michael Wood8. Government Legal Advisers through the Ethics Looking Glass Matthew WindsorPart 4: Politics and Legal Change9. Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke and Hector MacQueen10. Parliament Act 1911 in its Historical Context Philip Norton11. The Parliament Act 1949 Chris Ballinger12. The Realities of the Parliament Act 1911 Daniel Greenberg13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri WaltersPart 5: Politics, the Constitution, and Beyond14. International Law and Great Power Politics Matthew Parish15. Law and Democracy in a Human Rights Framework Philip Sales16. Politics, Law and Constitutional Moments in the UK Dawn Oliver17. Looking Back and Moving On David Feldman

Recenzii

I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area.
One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors.Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here.
Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject.
This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them
The book provides well-rounded insight into the intricate relationship between Politics and Law.
...the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law. (Translated from the original Italian.)
...this is an interesting book with chapters written by experts in their field.
Law in Politics, Politics in Law makes clear that its remit is not to examine directlythe impacts of courts on politics or the development of judicial review as a legalmechanism for calling politics to account. Yet it makes an important contribution tothe debate through its analysis of the day-to-day realities of the relationship.

Descriere

This volume will begin to answer questions about the practical, day-to-day relationship between law and politics in a number of settings.