Relevant bibliographies by topics / Constitutional law – England

Academic literature on the topic 'Constitutional law – England'

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Published: 10 March 2023

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Journal articles on the topic "Constitutional law – England"

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Somek, Alexander. "Constitutional Theory as a Problem of Constitutional Law: On the Constitutional Court's Total Revision of Austrian Constitutional Law." Israel Law Review 32, no. 4 (1998): 567–90. http://dx.doi.org/10.1017/s0021223700015806.

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La. I clear it thus out of Sir Edw. Coke 1 Inst. Sect. 138. that this [Legal Reason] is to be understood of an artificial perfection of Reason gotten by long Study, Observation and Experience, and not of every Mans natural Reason; for Nemo nascitur Artifex. This Legal Reason is summa Ratio; and therefore if all the Reason that is to be dispersed into so many several heads were united into one, yet could he not make such a Law as the Law of England is, because by so many successions of Ages it hath been fined and refined by an infinite number of Grave and Learned Men.Ph. […] I grant you that the knowledge of the Law is an Art, but not that any Art of one Man, or of many how wise soever they be, or the work of one and more Artificers, how perfect soever it be, is Law. It is not Wisdom, but Authority that makes a Law. […] That the Law hath been fined by Grave and Learned Men, meaning the Professors of the Law is manifestly untrue, for all the Laws of England have been made by the Kings of England, consulting with the Nobility and Commons in Parliament, of which not one of twenty was a Learned Lawyer.
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Müßig, Ulrike. "Constitutional conflicts in seventeenth-century England." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 1-2 (2008): 27–47. http://dx.doi.org/10.1163/157181908x277563.

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AbstractIn the constitutional conflicts of the 17th century, both Crown and Parliament justified actions contrary to the other's will by reference to necessity. The Crown held the raising of additional finance to be necessary; the Parliament, its raising of a militia. The competence to determine a time of necessity, and to decide on the public good in it, was the key to sovereignty. In a series of cases reaching a peak in Hampden, the courts handed the Crown an unrestrained Prerogative. With the Militia Ordinance, a disturbed Parliament then claimed the competence for deciding on the public good in an emergency, even against the King's will, because its judgements as opposed to the king's discretion in his Royal prerogative were based on the common law which bound even the King. The concept of Parliament as a court of common law is often under-emphasized, though this is at the heart of the Parliament's claim to sovereignty achieved in 1689, because the Monarch could veto legislative acts, but he could not veto judgements.
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Brown, Kate Elizabeth. "Rethinking People v. Croswell: Alexander Hamilton and the Nature and Scope of “Common Law” in the Early Republic." Law and History Review 32, no. 3 (August 2014): 611–45. http://dx.doi.org/10.1017/s0738248014000248.

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While serving in the New York Assembly in 1787, Alexander Hamilton identified a problematic clause in New York's constitution. Remarking on an act for settling intestate estates, Hamilton asked, “The question is what is meant in the constitution, by this phrase ‘the common law’?” He went on to describe an important distinction in his legal and constitutional thought: These words have in a legal view two senses, one more extensive, the other more strict. In their most extensive sense, they comprehend the [British] constitution, of all those courts which were established by memorial custom, such as the court of chancery, the ecclesiastical court, &c. though these courts proceed according to a peculiar law. In their more strict sense, they are confined to the course of proceedings in the courts of Westminster in England, or in the supreme court of this state. After suggesting that the constitution's reference to “common law” encompassed more than just the case reports generated by the central courts in Westminster, Hamilton determined that, “I view it as a delicate and difficult question; yet, I am inclined to think that the more extensive sense may be fairly adopted.” Although Hamilton referred here only to the intestacy bill, the distinction between a “strict” and an “extensive” common law would animate his constitutional and legal thought, many years later, during his famous defense of Federalist publisher Harry Croswell.
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Young, Alison L. "The Constitutional Implications of Brexit." European Public Law 23, Issue 4 (November 1, 2017): 757–86. http://dx.doi.org/10.54648/euro2017043.

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This Article investigates the constitutional implications of Brexit, focusing on the extent to which Brexit challenges the classification of the UK constitution as a self-correcting unitary democracy, upholding parliamentary sovereignty. It argues that, Brexit removes some of the European layer from the UK’s emerging multi-layered constitution, but in doing so it threatens to undermine the delicate relationship between England, Scotland, Wales and Northern Ireland on which the Union is based, particularly in the light of recent political events. In addition, it argues that Brexit may not restore the sovereignty of the Westminster Parliament and may also mark a further moment in the constitutionalization of the UK, modifying the balance of power between Parliament and the courts by placing more decision-making power in the hands of the courts.
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Rahmatian, Andreas. "Brexit and Scotland: Centralism, Federalism or Independence?" European Review 26, no. 4 (April 25, 2018): 616–47. http://dx.doi.org/10.1017/s1062798718000054.

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The public debate about the consequences of Brexit in Britain follows certain predictable lines of established academic concepts in British constitutional law. This arguably overlooks the important constitutional complications of Brexit, including the position of Scotland in post-Brexit Britain. This article takes the unorthodox approach of focusing on legal and intellectual history rather than British constitutional law, because in this way one obtains a better understanding of the present British constitutional framework in the context of Europe. The discussion is from a continental European viewpoint and through the eyes of a private and commercial lawyer. The completely different understanding of Britain and Europe about the nature of a constitution and the structure of a state becomes more apparent with Britain’s departure from the EU, which may also influence the future national cohesion of the UK itself, particularly the relationship between England and Scotland after Brexit.
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Tierney, Stephen. "England – Constitutional Reform under the New Labour Government." European Public Law 3, Issue 4 (December 1, 1997): 461–73. http://dx.doi.org/10.54648/euro1997043.

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Abernathy, Charles F. "The Lost European Aspirations of U.S. Constitutional Law." German Law Journal 4, no. 6 (June 1, 2003): 595–611. http://dx.doi.org/10.1017/s2071832200016254.

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Most European and American attorneys and judges think the U.S.A. has its legal roots in English common law, and that is probably true for the many areas of U.S. law that are still controlled by the traditional common-law process of simultaneously making and applying law. Yet, with respect to constitutional law – America's greatest legal contribution to modern respect for the rule of law, the roots of the U.S. legal system are firmly planted in Europe, not England. The U.S. Constitution was inspired by French revolutionary ideas of rationalism in law; it was intended as an integrated document just like codes; and it has been interpreted by American judges to be not just a political document but binding law – law that is binding on all three branches of government, legislative, executive, and judiciary. In fact that was the holding in Marbury v. Madison, the case decided exactly two hundred years ago.
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Macurdy, Allan H. "Rights Respiration: Disability, Isolation, and a Constitutional Right of Interaction." Texas Wesleyan Law Review 13, no. 2 (March 2007): 737–48. http://dx.doi.org/10.37419/twlr.v13.i2.20.

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In 1772, Lord Mansfield, Chief Justice of the King's Bench, presided over a case involving a slave, James Somerset, who had been brought by his master from Virginia to England and who claimed that his simple presence on English soil made him free. Among Somerset's lawyers was one Francis Hargrave, who was arguing the first case of his career that day. Hargrave maintained that "the Air of England was too pure for slavery," quoting the advocate in a prior case and drawing upon the commonly held understanding that slavery was incompatible with a society of rights, and that it deprived the individual of the very indicia of humanity. Asking rhetorically whether the law of a lowly colony or a barbarous state should prevail over the law of England, Hargrave declared that "[i]n England ... freedom is the grand object of the laws, and dispensed to the meanest individual."
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Kaiser, Anna-Bettina. "“It Isn't True that England Is the Moon”: Comparative Constitutional Law as a Means of Constitutional Interpretation by the Courts?" German Law Journal 18, no. 2 (March 1, 2017): 293–308. http://dx.doi.org/10.1017/s2071832200021969.

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This Article evaluates the merits and problems of comparative constitutional law as an interpretive means by the courts. It pleas for a nuanced perspective towards both agents and methods of comparative constitutional law. The Article is in favor of the use of comparative constitutional law by the courts. However, challenges as to the legitimation of comparison in court, functional limits of comparative constitutional law in the judiciary, and methodological questions remain to be solved. As far as constitutional and supreme courts are concerned, this Article argues that arguments derived from comparison should be regarded as a means of persuasive reasoning.
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Lobban, Michael. "Habeas Corpus: from England to Empire." International Journal of Law in Context 7, no. 2 (April 27, 2011): 257–69. http://dx.doi.org/10.1017/s1744552311000085.

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The ‘Great Writ’ of habeas corpus has long had an iconic status as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers. According to the traditional version, popularised by Whiggish constitutional writers from the late seventeenth century onwards, the English constitution as embodied in the common law had, since time immemorial, striven to protect the fundamental rights of Englishmen and women, which included the right to personal liberty. The common law had supplied the writ of habeas corpus, which secured the provision of Magna Carta, that no freeman be imprisoned save by the judgment of a jury of his peers. In the course of the seventeenth century, the Whig version ran, kings with an absolutist bent sought to undermine ancient liberties, by claiming prerogative powers to imprison without trial, and by appointing supine judges who would not protect people's liberties. It took the triumph of Parliament to restore and perfect them. For William Blackstone, one of the key statutes which secured ‘the complete restitution of English liberty’ was the Habeas Corpus Act of 1679, ‘that second magna carta’. As Blackstone put it: ‘Magna carta only, in general terms, declared, that no man shall be imprisoned contrary to law: the habeas corpus act points him out effectual means, as well to release himself, though committed even by the king in council, as to punish all those who shall thus unconstitutionally misuse him.’
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Dissertations / Theses on the topic "Constitutional law – England"

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Sunkin, Maurice. "The use and the impact of judicial review in England and Wales." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369365.

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Dickinson, Meryl Angharad Seren. "Establishment vs disestablishment : constitutional review and the legal framework of the Church of England." Thesis, Brunel University, 2014. http://bura.brunel.ac.uk/handle/2438/15829.

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One of the most dynamic relationships historically has been that of the state with religion. Having been blamed for many wars and rebellions it comes as no surprise that those states continuing to model close relationships with an individual religion come under high scrutiny, especially now religious freedom plays such an important part in today's society. Furthermore, sociological theories have developed beyond metaphysical explanations of state authority and no longer depend on spiritual or religious explanations. The UK, with two established churches, is one such state with its relationship with the Church of England especially being subjected to criticism from a number of different groups. Whether this constant criticism is justified is another story and one of the aims of this thesis is to try to unpick some of the debates that flow around the subject in order to put them into a practical context. Often, when such discussions are undertaken there are lots of arguments made as to why the Church of England should, or should not, be disestablished. Discussions on whether they retain an important place in society are made but ultimately very little said about how disestablishment may occur if this was chosen as the way forward. This thesis will aim to tackle some of these questions and will delve into the constitutional complexities in order to discover how such a procedure can be initiated, and the effect this would have on both the state and the Church of England. Future relations will also be discussed and an important consideration will be the views and effect this might have on other religions who have come to benefit from the pleural approach of the established church. Ultimately, the result will be the uncovering of the complexities of disestablishment and who, if anyone, will benefit from the process.
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Manikis, Marie. "Rhetoric or reality? : victims' enforcement mechanisms in England and Wales and the United States." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:3232cd82-c9d6-486d-b841-25528cd294ba.

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Recent policies in England and Wales and the United States have recognised for the first time enforcement mechanisms for victims of crime under the Crime Victims’ Rights Act (CVRA) in the United States as well the Code of Practice for Victims of Crime in England and Wales (the Code). Although very different from one another, these policies ostensibly aimed to provide a stronger commitment to victims’ rights, by recognising an accessible, timely and impartial process that recognises accountability and provides individual remedies in cases of breaches. This thesis engages in a careful in-depth analysis of these mechanisms and their implementation based on elite qualitative interviews, case law analysis and a multidisciplinary examination of the relevant literature. It argues that on the whole, these mechanisms have presented a number of limitations, and thus in many respects cannot and have not delivered accessible, and timely means to respond to victims’ rights breaches. Most importantly, it demonstrates that for certain types of breaches and in certain contextual settings, these mechanisms have recognised only limited or no redress at all for breaches. This research takes the available victims’ literature further by arguing that many of these promises have been closer to rhetoric than reality and providing a more nuanced portrait of the substantial difficulties and limitations that relate to these enforcement mechanisms. In effect, these limitations can be understood in light of the nature and structural components of these selected mechanisms, as well as the ways they have been implemented by the main actors involved in these processes and the different contexts under which the different types of breaches take place. Finally, despite their limitations, when compared to one another, each mechanism can be considered a better option for access, timeliness and redress – depending on context and the type of breach. Following from this analysis, a complementary approach is developed which can facilitate and increase opportunity for redress for a wider range of situations. It is important to bear in mind however the limits of the complementary approach; namely, that it only includes elements inspired from the two mechanisms examined in this thesis and that there are several limitations that relate to transplants and policy transfers.
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Reifenrath, Carola. "Das Vertragsrecht Hongkongs und dessen zukünftige Entwicklung : unter besonderer Berücksichtigung des englischen Common Law /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/504880136.pdf.

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Roslak, Oleg M. "John Selden and the laws of England : jurisprudence and constitutional theory, 1584-1654." Thesis, University of Cambridge, 1999. https://www.repository.cam.ac.uk/handle/1810/273063.

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Hood, Kirsty Jane. "The effect of the constitutional relations between Scotland and England on their conflict of laws relations : a Scottish perspective." Thesis, University of Glasgow, 2004. http://theses.gla.ac.uk/1024/.

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The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and English law have a claim to application; and recognition and enforcement of English court orders in Scotland). A historical perspective is obtained by brief study of the period prior to parliamentary union. Once united in one political state, the constitutionalising of conflicts, the internalising of conflicts, and the use of international private law rules, are three ways in which conflicts of law within that state might be handled. The extent to which each of these methods has influenced the Scottish approach to intra-UK conflicts, and the effect of devolution on each, is examined. The availability to Scots courts of public policy objections in respect of English law is also investigated. The context of the Anglo-Scottish relationship changed with UK entry into the (now) European Union, and the effect of that on intra-UK conflict rules is considered. The conclusion is that the nature of the constitutional relationship between Scotland and England impacts upon the handling in Scotland of conflicts of law with an English element. The parliamentary union may not have resulted in wide-spread constitutionalisation of conflicts, but there has been a degree of internalisation of conflicts. In general, however, the interaction of the constitutional relationship between Scotland and England and its private law consequences has permitted, indeed sometimes necessitated, the use (in certain areas) of Scottish international private law rules without differentiation between intra-UK, and international, conflicts.
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Bateman, William. "Parliamentary control of public money." Thesis, University of Cambridge, 2018. https://www.repository.cam.ac.uk/handle/1810/286229.

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This dissertation analyses the idea that parliament controls public money in parliamentary constitutional systems of government. That analysis proceeds through an historical and contemporary examination of the way legal practices distribute authority over public money between different institutions of government. The legislative and judicial practices concerning taxation, public expenditure, sovereign borrowing, and the government financing activities of central banks are selected for close attention. The contemporary analysis focuses on the design and operation of those legal practices in the United Kingdom and the Commonwealth of Australia, in the context of the boom-bust-recovery economic conditions experienced between 2005 and 2016. The dissertation's ultimate claims are explanatory: that "parliamentary control" is a poor explanation of the distribution of financial authority in parliamentary systems of government and should be jettisoned in favour of an idea of "parliamentary ratification". An empirically engaged methodology is adopted throughout the dissertation and (historical and contemporary) public sector financial data enrich the legal analysis. The dissertation acknowledges the impact of, but remains agnostic between, different economic and political perspectives on fiscal discipline and public financial administration. The dissertation makes a number of original contributions. It provides a detailed examination of the historical development, legal operation and constitutional significance of annual appropriation legislation, and the legal regimes governing sovereign borrowing and monetary finance. It also analyses the way that law interacts with government behaviour in situations of economic emergencies (focusing on the Bank of England's public financing activities since 2008), and the institutional and doctrinal obstacles facing judicial involvement in disputes concerning public finance (focusing on the Australian judiciary's recent engagements with public expenditure legislation).
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MARKETOU, Afroditi. "Local meanings of proportionality : judicial review in France, England and Greece." Doctoral thesis, 2018. http://hdl.handle.net/1814/58864.

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Defence date: 19 September 2018
Examining Board: Prof. Bruno De Witte, Maastricht University/EUI (Supervisor); Prof. Loïc Azoulai, Sciences Po Paris; Associate Prof. Jacco Bomhoff, LSE; Prof. Guillaume Tusseau, Science Po Paris
The author was awarded the Mauro Cappelletti Prize for the best doctoral thesis in the field of comparative law (June 2019)
Proportionality increasingly dominates legal imagination. Initially conceived of as a principle that regulates police action, today it is progressively established as an advanced tool of liberal constitutional science. Its spread, accompanied by a global paradigm of constitutional rights, appears to be an irresistible natural development. This thesis was inspired by the intuition that even though courts and lawyers around the world reason more and more in proportionality terms, proportionality can mean very different things in different contexts, even within the same legal system. While the relevant literature has paid little attention to differences in the use of proportionality, identifying the local meanings of proportionality is crucial to making sense of its spread, to assessing its success, and to appraising the possibility of convergence between legal systems. Through an in-depth study and comparison of the use of proportionality by legal actors in France, England and Greece, this work shows that the local meanings of proportionality are not simply deviant applications of a global model. Instead, they reflect the legal cultures in which they evolve, local paths of cultural change and local patterns of Europeanisation. La proportionnalité a progressivement pris une place centrale dans l’imaginaire juridique. Initialement conçue comme un principe qui régit l’utilisation des pouvoirs de police, elle est aujourd’hui considérée comme un outil avancé de science constitutionnelle. Sa généralisation, accompagnée par le paradigme du droit constitutionnel global, est perçue comme irrésistible et naturelle. Cette recherche a été guidée par l’intuition que, même si les juristes à travers le monde raisonnent de plus en plus en termes de proportionnalité, celle-ci peut avoir des sens très différents, et ce, même au sein d’un seul système juridique. Les différentes utilisations du langage de la proportionnalité sont rarement étudiées en tant que tels. Pour autant, l’identification des sens locaux de la proportionnalité est cruciale si l’on veut comprendre sa propagation, apprécier son succès et évaluer les possibilités de convergence entre systèmes juridiques. Ce travail consiste en une étude approfondie et comparative de l’utilisation du langage de la proportionnalité parmi les acteurs juridiques en France, en Angleterre et en Grèce. Il cherche à montrer que les sens locaux de la proportionnalité ne sont pas simplement des applications imparfaites d’un modèle global. Au contraire, ils reflètent les cultures au sein desquelles ils évoluent, des chemins d’évolution culturelle propres à chaque système et des trajectoires locales d’européanisation.
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Fraas, Arthur Mitchell. ""They Have Travailed Into a Wrong Latitude:" The Laws of England, Indian Settlements, and the British Imperial Constitution 1726-1773." Diss., 2011. http://hdl.handle.net/10161/3954.

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In the mid-eighteenth century the British Crown claimed a network of territories around the globe as its "Empire." Through a close study of law and legal instutions in Bombay, Madras, Calcutta, as well as London, this dissertation examines what it meant to be a part of that Empire. These three cities on the Indian subcontinent were administered by the English East India Company and as such have often seemed abberant or unique to scholars of eighteenth-century empire and law. This dissertation argues that these Indian cities fit squarely within an imperial legal and governmental framework common to the wider British world. Using a variety of legal records and documents, generated in both India and England, the dissertation explores the ways in which local elites and on-the-ground litigants of all national, religious, and cultural backgrounds shaped the colonial legal culture of EIC India. In the process, the dissertation shows the fitful process by which litigants from India, Company officials, and London legal elites struggled over how to define the limits of Empire. The dissertation argues that it was this process of legal wrangling which both defined the mid eighteenth-century Empire and planted the seeds for the more exclusionary colonial order in nineteenth century British India.


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Books on the topic "Constitutional law – England"

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Boutmy, Emile Gaston. Studies in constitutional law: France, England, United States. Clark, N.J: Lawbook Exchange, 2005.

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Constitutional and legal history of England. Littleton, Colo: F.B. Rothman, 1987.

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Athens, Rome, and England: America's constitutional heritage. Wilmington, Delaware: Griffon House Publications, 2014.

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Dippel, Horst. Moderner Konstitutionalismus: Entstehung und Ausprägungen : England, Nordamerika, Frankreich, Deutschland, Europa/Europäische Union, Lateinamerika. Berlin: Duncker & Humblot, 2021.

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David, Lieberman, ed. The Constitution of England; or, An account of the English government. Indianapolis: Liberty Fund, Inc., 2007.

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Eichler, Hermann. Verfassungswandel in England: Ein Beitrag zur europäischen Rechtsgeschichte des 17. und 18. Jahrhunderts. Berlin: Duncker & Humblot, 1988.

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Sullivan, Francis Stoughton. An historical treatise on the feudal law, and the constitution and laws of England. Buffalo, N.Y: W.S. Hein, 2003.

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Clermont, Thomas Fortescue, Baron, 1815-1887., ed. De laudibus legum Angliae: A treatise in commendation of the laws of England. Union, N.J: Lawbook Exchange, 1999.

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Creating constitutionalism?: The politics of legal expertise and administrative law in England and Wales. Ann Arbor: University of Michigan Press, 1996.

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Law and imperialism: Criminality and constitution in colonial India and Victorian England. London: Pickering & Chatto, 2009.

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Book chapters on the topic "Constitutional law – England"

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Stephen, Donaghue. "Part II Constitutional Domain, Ch.10 International Law." In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0011.

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This chapter focuses on issues associated with international treaty obligations within the Australian constitutional context. It first examines the established principle of the common law of England that the provisions of a treaty do not form part of domestic law unless incorporated into domestic law by statute, before discussing the drafting history of the Constitution as well as the ramifications of that history. The chapter then turns to the power of the Commonwealth Parliament to enact legislation to implement Australia's treaty obligations. It also briefly addresses the relevance of international law to the interpretation of the Constitution itself. Finally, this chapter examines the role that international law plays in the interpretation of legislation that wholly or partly incorporates international obligations into domestic law, and the effect of such obligations on administrative action taken pursuant to such statutes.
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Faragher, Colin. "1. Introduction to constitutional law." In Public Law Concentrate, 1–9. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840527.003.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
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Faragher, Colin. "1. Introduction to constitutional law." In Public Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803898.003.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
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Faragher, Colin. "1. Introduction to constitutional law." In Public Law Concentrate, 1–8. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897251.003.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.
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"The allocation of functions between authorities in England and Wales." In Constitutional & Administrative Law, 413. Routledge-Cavendish, 2004. http://dx.doi.org/10.4324/9781843146575-83.

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"The allocation of functions between authorities in England and Wales." In Constitutional & Administrative Law, 495–96. Routledge-Cavendish, 2002. http://dx.doi.org/10.4324/9781843144755-84.

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"The Constitutional Significance of the Church of England." In Law and Religion, 164–90. Routledge, 2004. http://dx.doi.org/10.4324/9780203327463-13.

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Loveland, Ian. "12. The Governance of Scotland and Wales." In Constitutional Law, Administrative Law, and Human Rights. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198804680.003.0012.

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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.
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Loveland, Ian. "12. The Governance of Scotland and Wales." In Constitutional Law, Administrative Law, and Human Rights, 318–44. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198860129.003.0012.

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This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.
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Parpworth, Neil. "8. Primary and secondary legislation." In Constitutional and Administrative Law, 175–201. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198847120.003.0008.

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This chapter focuses on the legislative process. In any one parliamentary session, somewhere between thirty and forty Public General Acts are passed. The vast majority of these are government-inspired measures. The actual process of legislating involves a number of parliamentary and extra-parliamentary stages. There are normally five stages in the parliamentary life of a Bill: first reading; second reading; committee stage; report stage; and third reading. Each of these stages is discussed in turn, as are the new arrangements where the Bill in question relates to England-only matters. Parliamentary sessions also address private Bills, hybrid Bills, Private Members’ Bills, consolidation Bills, and delegated legislation.
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Conference papers on the topic "Constitutional law – England"

1

Brenncke, Martin. "THE LIMITS OF JUDICIAL POWER IN ENGLAND AND GERMANY: A COMPARATIVE METHODOLOGICAL AND CONSTITUTIONAL PERSPECTIVE." In 2nd Law & Political Science Conference, Prague. International Institute of Social and Economic Sciences, 2018. http://dx.doi.org/10.20472/lpc.2018.002.002.

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