Literatura académica sobre el tema "Constitutional law – great britain – history"
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Artículos de revistas sobre el tema "Constitutional law – great britain – history"
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Kodaneva, Svetlana I. "The consequences of Brexit for the constitutional system of the Great Britain." Gosudarstvo i pravo, no. 1 (2023): 114. http://dx.doi.org/10.31857/s102694520024108-9.
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The vote in the 2016 referendum on exit from the EU was held under the slogan “take back con-trol”, which, in particular, meant the return of parliamentary sovereignty, lost as a result of the transfer of some powers to the supranational level and the impossibility for the UK Parliament to influence decisions taken in Brussels. However, in the process of withdrawal, the UK faced a number of constitutional problems that led to one of the most serious constitutional crises in the history of British parliamentarism, caused by the clash of parliamentary and popular sovereignty, on the one hand, and the lack of a written constitution clearly delineating the powers of the three branches of government, on the other hand. This article is devoted to the analysis of the conse-quences of this crisis for the stability of the traditional constitutional system of Great Britain.
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Colley, Linda. "Empires of Writing: Britain, America and Constitutions, 1776–1848." Law and History Review 32, no. 2 (2014): 237–66. http://dx.doi.org/10.1017/s0738248013000801.
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Approximately 50 years ago, R. R. Palmer published his two volume masterworkThe Age of the Democratic Revolution. Designed as a “comparative constitutional history of Western civilization,” it charted the struggles after 1776 over ideas of popular sovereignty and civil and religious freedoms, and the spreading conviction that, instead of being confined to “any established, privileged, closed, or self-recruiting groups of men,” government might be rendered simple, accountable and broadly based. Understandably, Palmer placed great emphasis on the contagion of new-style constitutions. Between 1776 and 1780, eleven onetime American colonies drafted state constitutions. These went on to inform the provisions of the United States Constitution adopted in 1787, which in turn influenced the four Revolutionary French constitutions of the 1790s, and helped to inspire new constitutions in Haiti, Poland, the Netherlands, Switzerland, and elsewhere. By 1820, according to one calculation, more than sixty new constitutions had been attempted within Continental Europe alone, and this is probably an underestimate. At least a further eighty constitutions were implemented between 1820 and 1850, many of them in Latin America. The spread of written constitutions proved in time almost unstoppable, and Palmer left his readers in no doubt that this outcome could be traced back to the Revolution of 1789, and still more to the Revolution of 1776. Despite resistance by entrenched elites, and especially from Britain, “the greatest single champion of the European counter-revolution,” a belief was in being by 1800, Palmer argued, that “democracy was a matter of concern to the world as a whole, that it was a thing of the future, [and] that while it was blocked in other countries the United States should be its refuge.”
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Morris, Caroline. "Book Review: The Constitution of Independence." Victoria University of Wellington Law Review 36, no. 3 (2005): 669. http://dx.doi.org/10.26686/vuwlr.v36i3.5612.
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This article is a book review of Peter C Oliver The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand (Oxford University Press, Oxford, 2005) (367 + xx pages). The book is a contribution to the area of domestic constitutional law of the Commonwealth. Oliver addresses the question: are the former colonies of Britain ever truly independent, or is that independence illusory? He also asks how such colonies seek to understand and explain their constitutional history. Morris argues that the book had a great deal of potential but has been left unrealised. As a legal historiography, the book does not always satisfactorily explain how people involved in creating that legal history (or in analysing it since) understand it. As an exercise in constitutional theory, the book merely suggests that there is nothing much to choose between theories as a matter of logic. The book also suffers from very dense prose and a number of distracting metaphors for the process of constitutional independence. Morris ultimately concludes that the book fails to provide useful insight into New Zealand's constitutional theory.
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.
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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Tyshchyk, Borys. "PREREQUISITES FOR THE ADOPTION, CONTENT AND EVALUATION OF THE CONSTITUTION ACT OF CANADA, 1982 (TO THE 40TH ANNIVERSARY OF THE ADOPTION OF THE CONSTITUTION)." Visnyk of the Lviv University. Series Law, no. 75 (November 10, 2022): 17–23. http://dx.doi.org/10.30970/vla.2022.75.017.
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The article examines certain problems of the formation history of Canadian constitutionalism through the prism of the analysis of the prerequisites for the adoption and content of the Canadian Constitutional Act of 1982 and determines its place and influence in the world system of knowledge of a political and legal nature. As it is known, the constitution (from the Latin constitutio — establishment, system, order) is the main state document (law) that defines the state system, the order and principles of functioning of the representative, executive and judicial authorities, the electoral system, rights and obligations of a state, society and citizens. Usually, other laws of a particular state are based on the constitution. In addition, every modern written constitution grants specific powers to the organizations and public institutions established on the primary basis of compliance with the limitations of such a constitution. In most, but not all, modern states, the constitution takes precedence over the common law. Constitutions apply to a variety of levels, from sovereign states to the corporations and societies. An international treaty establishing international organizations is also their constitution in the scope that it defines how that organization is formed. For a state, whether sovereign or the subject of a federation, the constitution defines the principles on which the state is based and the order by which and who has the right to make laws. Some constitutions, especially codified ones, also act as restraints on the state power by establishing boundaries that state leaders cannot cross, i.e. fundamental rights. It is noted that today Canada is a constitutional monarchy, the head of state of which is the King or Queen of Great Britain. Canada officially belongs to the so-called «strong federations», in which parts of the federation have significant rights and responsibilities, some of the decisions of the central government shall be carried out by the provinces, but their activities are regulated by a series of agreements and laws, and disputes are often resolved by judicial authorities. All of Canada's provinces have unicameral parliaments and generally follow the same rules as the lower house of Canada's federal parliament. Considerable attention is paid to the fact that the Canadian constitution is the legal basis of the state and consists of both written text and unwritten traditions and agreements. The Constitution also includes the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms to citizens. In Canada, the constitution refers to a compilation of acts, British laws, court decisions, etc. The two main documents are the British North America Act of 1867, which declared Canada a dominion of Great Britain, and the 1982 act, which established that all laws passed in Canada did not require formal confirmation by the British Parliament.
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Danel, Łukasz. "Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska." Politeja 15, no. 54 (2019): 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Konig, David Thomas. "The Second Amendment: A Missing Transatlantic Context for the Historical Meaning of “the Right of the People to Keep and Bear Arms”." Law and History Review 22, no. 1 (2004): 119–59. http://dx.doi.org/10.2307/4141667.
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The present essay seeks to work at the intersection of law and history, a meeting point where interpretation of the Second Amendment has been more characterized by collision than confluence. Analysis brought to bear on the historical meaning of “the right of the people to keep and bear arms” has coalesced around two competing normative interpretations: either that the amendment guarantees a personal, individual right to bear arms, or that it applies only collectively to the effectiveness of the militia. It is a premise of this essay that both these models are historically unsatisfactory, the products of present-day normative agendas that have polarized the debate into two competing and largely ahistorical models—a type of historians' fallacy that David Hackett Fischer has labeled the “fallacy of false dichotomous questions.” Fischer's description aptly describes the current controversy over the historical meaning of the Second Amendment: in addition to being “grossly anachronistic,” its two opposing positions “are mutually exclusive, and collectively exhaustive, so that the there is no overlap, no opening in the middle, and nothing is omitted at either end.” It is not without challenge on just these grounds, however, as a recent call for a “new more sophisticated paradigm” attests. This essay seeks to provide that new model and to do so by grounding the “right of the people to keep and bear arms” in eighteenth-century concepts of rights, not those of the twenty-first century, and to contextualize the right to bear arms in an eighteenth-century political struggle now largely ignored but well known to constitutional polemicists framing the Constitution and the Bill of Rights: Parliament's rebuilding of an English militia while denying the Scots the right to do so, despite Scotland's history and its claimed constitutional rights according to its coequal status in Great Britain. That struggle nevertheless remains a missing context that prefigured American debates over constituting and guaranteeing local militias in the coequal states of the federal union established by the United States Constitution in 1787 and 1788. Once the time came for seeking a written guarantee of local militia effectiveness in the federal Constitution, the language and substance of this transatlantic legacy had great influence. As experience, they gave political urgency to the drafting and ratification of the Second Amendment; as a theory of rights, they embodied an eighteenth-century individual right exercised collectively.
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Serzhanova, Viktoria, and Adrianna Kimla. "Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej." Przegląd Sejmowy 6(161) (2020): 117–43. http://dx.doi.org/10.31268/ps.2020.83.
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Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.
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Ermakov, Dmitrii N. "The Soviet-Polish armed conflict of 1918 - 1921 in the context of the process of formation of the Versailles system. An example of the clash of different principles of the political and legal constitution of states in Recent history." Gosudarstvo i pravo, no. 7 (2023): 156. http://dx.doi.org/10.31857/s102694520026813-5.
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In the article, the authors seek to answer the question of how the Versailles system influenced the development of the Soviet-Polish conflict as a factor that constituted the process of state-building in a number of western regions of the former Russian Empire. The authors conclude that the Versailles system not only did not solve the problem of dividing borders in Eastern Europe, but also intensified the confrontation between Poland and the RSFSR. One of the main problems – the problem of Ukraine’s statehood – has not been solved within the framework of the Versailles system, this was largely the result of France’s tough pro-Polish position. The authors show that within the western territories of the former Russian Empire, there was a clash of different doctrines of state-building in the conditions of Modern times, these doctrines reflected the nationalism of Eastern European peoples, the concept of a Marxist proletarian state and the concept of Western democracy exported from the United States and Great Britain.
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Kochetkova, M. V. "O'Connell and the struggle for the emancipation of the catholics." Bulletin of Nizhnevartovsk State University, no. 4 (December 15, 2020): 22–28. http://dx.doi.org/10.36906/2311-4444/20-4/03.
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The aim of the study was to examine the most significant achievement in Irish Nationalism, which was embodied in the trend of moral force, the Emancipation of Catholics and the role of D. O'Connell in this process. After the introduction of the Union between Ireland and Great Britain in 1801, after the suppression of the 1803 uprising among the Irish nationalists, the apologists of the constitutional way of achieving self-government remained only one way, granting Catholics equal political rights. Automatically, Catholics were not prohibited from being elected as deputies or holding public office. But due to the fact that when entering these positions it was required to give the Crown a double oath, secular and religious, Anglican, Catholics could not give such a second oath. Consequently, Emancipation meant the liberation of Catholics from the religious part of the oath to the Crown. All attempts to pass a law on emancipation within the framework of Westminster ended in the defeat of the initiative of the Irish commoners, it became obvious that a different method of achieving the goal was needed. It was developed by the leader of the Nationalists D. O'Connell. The essence of the new system of struggle was to create a massive, regulated movement of the entire Nation for the political rights of Catholics. It included holding rallies, setting up a press of its own, and the introduction of a Catholic Rent designed to fund the movement from donations. Thus, for the first time in European history, a massive, nationwide, controlled movement was created. As a result of these innovations, Westminster passed the Catholic Emancipation Act in 1829. O'Connell's role in this victory was decisive.
Tesis sobre el tema "Constitutional law – great britain – history"
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Roynier, Céline. "Le problème de la liberté dans le constitutionnalisme britannique." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020090.
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Le relatif échec que fut le Human Rights Act 1998 et les condamnations régulières du Royaume-Uni par la CEDH peuvent être considérés comme les symptômes, parmi d’autres, d’un problème de la liberté dans le constitutionnalisme britannique. Comment expliquer que cet Etat, membre fondateur du Conseil de l’Europe, résiste si fortement à l’application de cette déclaration de droits qu’est la Convention Européenne de Sauvegarde des droits de l’Homme et des libertés fondamentales ? Nous proposons dans ce travail une solution appuyée sur une étude de la culture classique de la common law, c'est-à-dire, essentiellement mais pas seulement, de la grande doctrine parlementaire anglaise du dix-septième siècle. Il nous semble en effet que cette doctrine a fixé la conception anglaise de la liberté et l’a définitivement envisagée comme devant relever de la common law. Nous suggérons que c’est par une redéfinition permanente de la common law que la liberté a été pensée en droit public anglais et que ce travail de redéfinition est encore à l’oeuvre aujourd’hui. Tout d’abord le problème de la liberté – qui s’est aussi posé en France et en Amérique par exemple – a pris une forme particulière en Angleterre : plutôt que de penser la source de légitimité du pouvoir, les juristes anglais ont réfléchi à ce que pouvait être les « marques » d’un droit acceptable pour tous. Cette réflexion a engendré des vagues de politisation du droit mais elle a rendu l’apparition d’un peuple sujet de droit beaucoup plus difficile. La première vague de politisation fait de la common law, le droit de la communauté, c'est-à-dire le droit commun à tous (Partie 1). La seconde vague de politisation de la common law correspond à un approfondissement de la première et fait de la common law un droit de la liberté en articulant le langage de la common law à l’individu par le biais d’une morale constitutionnelle (Partie 2)<br>Many are the signs revealing a certain difficulty with liberty or freedom in british constitutionalism. The relative failure of the Human Rights Act 1998 in terms of efficiency , the never-ending debate about the enactment of a british declaration of rights and the numerous sanctions taken by the ECHR against the UK, can be considered as symptoms of this problem. How, then, is it possible to explain the overwhelming role of the UK in the adoption of the ECHR in the 1950’s and this resistance of the UK towards the European Convention ? Our aim, in this work, is to provide an explanation which would be based on the study of the early modern common law tradition that is mainly (but not exclusively) the parliamentary Doctrine of the Seventeenth Century. We think that this doctrine or discourse established the english conception of liberty and considered this latter as originating in the common law. We suggest that liberty was and is thought as a permanent redefinition of the law itself (the common law) and that this idea gave birth to Public Law exactly at the same time. First of all, the above-mentioned problem of liberty – which appeared in America and France as well – arose in a particular way in England. Rather than focusing on power and its legitimacy, english state lawyers concentrated their work on the marks of a law which could be acceptable for all. This reflexion led to successive waves of politisation of the law itself but did not enable the apparition of a people which would be the source of both law and power. The first wave of politisation established that common law was the law common to all (Part 1). The second wave deepened the first one and enabled the common law to be « the law of liberty » by linking the language of the common law with the individual, through constitutional morality (Part 2)
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Kelly, Margaret Rose Louise Leckie. "King and Crown an examination of the legal foundation of the British king /." Phd thesis, Australia : Macquarie University, 1999. http://hdl.handle.net/1959.14/71499.
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"27 October 1998"<br>Thesis (PhD)--Macquarie University, School of Law, 1999.<br>Bibliography: p. 509-550.<br>Thesis -- Appendices.<br>'The Crown' has been described as a 'term of art' in constitutional law. This is more than misleading, obscuring the pivotal legal position of the king, which in modern times has been conveniently ignored by lawyers and politicians alike. -- This work examines the legal processes by which a king is made, tracing those processes from the earliest times to the present day. It concludes that the king is made by the selection and recognition by the people, his taking of the Oath of Governance, and his subsequent anointing. (The religious aspects of the making of the king, though of considerable legal significance, are not examined herein, because of space constraints.) -- The Oath of Governance is conventionally called the 'Coronation Oath'-which terminology, while correctly categorising the Oath by reference to the occasion on which it is usually taken, has led by subliminal implication to an erroneous conclusion by many modern commentators that the Oath is merely ceremonial. -- This work highlights the legal implications of the king's Oath of Governance throughout history, particularly in times of political unrest, and concludes that the Oath legally :- conveys power from the people to the person about to become king (the willingness of the people so to confer the power having been evidenced in their collective recognition of that person); - bestows all the prerogatives of the office of king upon that person; - enshrines the manner in which those prerogatives are to be exercised by the king in his people(s)' governance; and that therefore the Oath of Governance is the foundation of the British Constitution. -- All power and prerogative lie with the king, who as a result of his Oath of Governance is sworn to maintain the peace and protection of his people(s), and the king can not, in conscience or law, either do, or allow, anything that is in opposition to the terms of that Oath.<br>Mode of access: World Wide Web.<br>xxvii, 818 p
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Jenks, Edward. "The Constitutional experiments of the commonwealth : a study of the years 1649-1660 /." Union, N.J. : Lawbook Exchange, 2002. http://www.loc.gov/catdir/toc/fy041/00067823.html.
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Eiser, David. "Regional economics and constitutional change in the UK." Thesis, University of Stirling, 2016. http://hdl.handle.net/1893/26053.
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The UK, traditionally one of the more fiscally centralised of OECD countries, is currently in the midst of an extensive programme of tax decentralisation. This is most evident in Scotland. Ten years ago the Scottish Government was almost wholly reliant on a block grant from the UK Government to fund its spending, and debate was focussed on how the determination of this grant should be reformed. Today the Scottish Government has far greater fiscal autonomy. Income tax was almost fully devolved to the Scottish Parliament in April 2017, and around half of VAT revenues will be assigned to Scotland by 2020. As a result, the devolved Scottish budget will in future be linked much more closely to Scotland’s economy, and Scottish politicians will be able to deviate from UK policy on the setting of income tax and various smaller taxes. The objective of this PhD is to examine the economic and political motivations for and implications of greater fiscal decentralisation, with a particular focus on the Scottish case. Its key over-arching questions include: • Which fiscal powers are more and less suitable for decentralisation, and what might constraints might a devolved government face in exercising devolved tax powers? • To what extent are the objectives of fiscal decentralisation compatible with the goal of inter-regional equity in public good provision? • To what extent is fiscal decentralisation likely to enhance the incentives faced by politicians in a devolved parliament to pursue particular types of policy? And to what extent does the answer to this question depend upon the way in which supporting fiscal institutions, notably including the design of block grant arrangements, influence this? • What factors determine regional economic performance, and to what extent can devolved governments be held accountable for (or face the budgetary consequences of) those trends? • To what extent might fiscal decentralisation assuage or accentuate demands for Scottish independence? This PhD consists of four academic papers covering aspects of regional economics and constitutional change in the UK, with a particular focus on Scotland. Each of the four papers is preceded by an abstract. An introductory chapter provides theoretical and policy context within which the four papers are situated. A concluding section to the PhD is provided in Chapter 6. The four papers cover the following topics: • Paper 1 (Chapter 2) was published in the immediate aftermath of the Scottish independence referendum of 2014, and considers the issues and constraints involved in devolving further fiscal powers to the Scottish Parliament. • Paper 2 (Chapter 3) considers the scope for replacing the Barnett Formula (used to allocate funding to the Scottish Government) with a form of spending-needs assessment, based on a comparative analysis of formulae used within England and Scotland to allocate health funding to territorial health boards. • Paper 3 (Chapter 4) examines how regional labour markets in the UK responded to the 2008/9 recession and its aftermath, and considers which factors may have influenced regional resilience to the recession. • Paper 4 (Chapter 5) examines the factors that determine differential growth in regional income tax revenues, and considers the extent to which it is reasonable to hold devolved governments wholly to account for differential economic performance. • Chapter 6 concludes.
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Mason, David (David Mark George). "Burke's political philosophy in his writings on constitutional reform." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=66187.
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Frei, Gabriela A. "Great Britain, international law, and the evolution of maritime strategic thought, 1856-1914." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:306f9554-9b0a-4d0e-938e-9a5b515d7c6e.
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Dean, Camille K. "True Religion: Reflections of British Churches and the New Poor Law in the Periodical Press of 1834." Thesis, University of North Texas, 1993. https://digital.library.unt.edu/ark:/67531/metadc278395/.
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This study examined public perception of the social relevance of Christian churches in the year the New Poor Law was passed. The first two chapters presented historiography concerning the Voluntary crisis which threatened the Anglican establishment, and the relationship of Christian churches to the New Poor Law. Chapters 4, 5, and 6 revealed the recurring image of "true" Christianity in its relation to the church crisis and the New Poor Law in the working men's, political, and religious periodical press. The study demonstrated a particular working class interest in Christianity and the effect of evangelicalism on religious renewal and social concerns. Orthodox Christians, embroiled in religious and political controversy, articulated practical concern for the poor less effectively than secularists.
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St, John-Smith Christopher. "The judiciary and the political use and abuse of the law by the Caroline regime, 1625-1640." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:cf332e84-3b73-4e0b-86e8-b3ea55e41ced.
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In December 1640 the Long Parliament brought accusations against Lord Keeper Finch and six judges of the three main Westminster courts. These asserted the illegality of decisions and opinions given by these judges. This thesis examines those accusations and argues that the government of Charles I engaged in a defensible process of political management of the law and the judges to legitimate its policies particularly after the suspension of parliament in 1629. This policy emerged as a response to the government's difficulties in enforcing the payment of the Forced Loan caused by its dubious legality. The policy took advantage of important features of the contemporary relationship between the law and the government and it had five features. The most senior and able lawyers were recruited as government law officers and counsel. They amassed and used a substantial and well researched body of legal authority to support royal rights. The chief justices were appointed from amongst the government lawyers and were used as political managers of their courts. New incentives were offered as rewards for the most senior judges. Judicial views on aspects of government policy were sought in advance and the Privy Council was used to by-pass the judges if necessary. These features are examined in relation to government revenue policies including distraint of knighthood fines and the forest laws, and religious policies in relation to the application of the writ of prohibition to the economic condition of the Church and High Commission. The application of this analysis to the Ship Money Case is considered. It is concluded that the judges were manipulated rather than coerced and often successfully avoided the pressure by technical stratagems. Most importantly the government showed that it generally had the law on its side. That had serious political implications but went a long way towards exonerating the judges.
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Moses, Julia Margaret. "Industrial accident compensation policies, state and society in Britain, Germany and Italy, 1870-1925." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609115.
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Moffatt, Rowena. "An appeal to principle : a theory of appeals and review of migration status decision-making in the United Kingdom." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:95a2afbc-835e-4de9-84b4-2e65598bfd4b.
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The question asked by this thesis is when and why, as a matter of principle, should there be judicial scrutiny on the merits of administrative decisions on migration status ('migration status decisions') in the United Kingdom? It argues that this is a moral question, engaging concerns of fair treatment. The first two chapters examine the question theoretically. It is argued that access to justice is not a gift of citizenship and that migration status decision-making should be reviewable on the merits to avoid the appearance and/or occurrence of injustice in the light of the effects of migration control on individual migrants and the nature of migration status decision-making as 'very imperfect procedural justice' (save where a decision is not based on the judgment discretion of an administrator). The latter five chapters apply the normative claims to the United Kingdom constitutional context, including the relevant European regimes (European Convention on Fundamental Rights and European Union). First, as background to the argument, a history of recourse from migration status decision-making in the UK from the initial establishment of a review system in 1905 is sketched out. The history demonstrates the absence of a coherent or principled account of migration status appeals. The history is followed by a three-part critique of the current system of recourse in the UK. First rights of appeal in three case studies (deportation, offshore visitors and students) are examined. Secondly, the three standards of review available under judicial review (rationality, anxious scrutiny and proportionality) are critiqued, and thirdly, the contribution of European and international norms is considered. In general terms the thesis concludes that the current UK system of recourse is deficient in certain respects and suggests reform to the current appeals system.
Libros sobre el tema "Constitutional law – great britain – history"
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The Labour Party and constitutional reform: A history of constitutional conservatism. Palgrave Macmillan, 2008.
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Taylor, Hannis. The origin and growth of the English Constitution: An historical treatise in which is drawn out, by the light of the most recent researches, the gradual development of the English constitutional system, and the growth out of that system of the Federal Republic of the United States. F.B. Rothman, 1992.
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Beyond Magna Carta: A constitution for the United Kingdom. Hart Publishing, 2015.
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L, Jowell Jeffrey, and Oliver Dawn, eds. The changing constitution. 6th ed. Oxford University Press, 2007.
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Hsueh, Vicki. Hybrid constitutions: Challenging legacies of law, privilege, and culture in colonial America. Duke University Press, 2010.
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Hybrid constitutions: Challenging legacies of law, privilege, and culture in colonial America. Duke University Press, 2010.
Buscar texto completoCapítulos de libros sobre el tema "Constitutional law – great britain – history"
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Lee, Daryl. "‘An Act to Alter and Amend the Law relating to the Interment of the Remains of any Person Found Felo de Se’, in The Statutes of The United Kingdom of Great Britain and Ireland, 4 George IV. 1823 (London: His Majesty's Statute and Law Printers, 1823), p. 320." In The History of Suicide in England, 1650–1850. Routledge, 2021. http://dx.doi.org/10.4324/9781003113966-5.
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Calò, Francesca, Simone Baglioni, Tom Montgomery, and Olga Biosca. "Regulating Fortress Britain: Migrants, Refugees and Asylum Applicants in the British Labour Market." In IMISCOE Research Series. Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67284-3_12.
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AbstractThe purpose of this chapter is to provide a detailed overview of the UK legal and institutional factors at the macro-level that can be regarded as decisive for explaining the effective capacity of the country to integrate migrants, refugees and asylum seekers into the labour market. By doing so, we aim to better understand the conditions within which integration policies for migrants, refugees and asylum applicants (MRA) may take place. We begin by providing an insight into the social and cultural context of migration in the UK, firstly by looking at the history of migration and the social and political instabilities of the country. Furthermore, we investigate how legislation concerning migration and asylum has developed within the UK context across the decades and analyse how legislation has been translated by UK policymakers in recent years. We then examine the current constitutional organisation of the British state, highlighting the importance of case law in developing MRA integration. Following this, we outline key legislation concerning the integration of MRA in the British labour market. The chapter then provides a critical overview of the integration strategies (or the lack thereof) promoted at the national level, outlining the institutional challenges that affect integration. We then conclude by highlighting the possible impact that Brexit will have on an already ‘hostile environment’ for migration.
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Summers*, Robert. "Interpreting Statutes in Great Britain and the United States:—Should Courts Consider Materials of Legislative History?" In The Law, Politics, and the Constitution. Oxford University PressOxford, 1999. http://dx.doi.org/10.1093/oso/9780198295853.003.0012.
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Abstract Among Geoffrey Marshall’s many contributions are his various writings on the legislative process and statutory interpretation.1 I have, over the years, learned much from him about statutory interpretation, beginning with that session of Hilary Term twenty-five years ago when he and I jointly taught a class on statutory interpretation at The Queen’s College. It is, for me, a privilege, and a special honour, to have this opportunity to join in a tribute to him and to his work, as he becomes 70.
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Rossiter, Clinton, and William J. Quirk. "Crisis Government in Great Britain Before 1914; Martial Law." In Constitutional Dictatorship. Routledge, 2017. http://dx.doi.org/10.4324/9781315080536-13.
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Salway, Peter. "Constantine the Great." In A History of Roman Britain. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780192801388.003.0013.
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Abstract Some of the parallels between Constantius I and Septimius Severus in Britain were certainly not literary inventions. The last campaign of each was his war in northern Britain. And the coincidences went further: both had their sons with them; both returned to York after a victorious campaign, and there died. In the Severan case, however, the succession was clear, but the subsequent struggle between Caracalla and Geta inevitable. In 306 Diocletian’s newly established constitutional system ought to have made the succession indisputable. Constantius’ Caesar, Flavius Valerius Severus, should have become the western Augustus without question, and a new Caesar should have been appointed to replace him. Unfortunately, old traditions reasserted themselves. It is not clear that Galerius originally planned to have any western colleague at all in the same rank as himself, but the army at York forestalled whatever was intended. They proclaimed Constantine as Augustus, encouraged by a Germanic king, Crocus, who had been put in command of a cohort of Alamanni, a fact that may have influenced Constantine in his subsequent liking for German troops and officers. He certainly made much in later years of the origin of his rule in distant Britain, across the Ocean, and liked to dwell on the notion of a divine mission that had swept his power from the far west of the empire to its extreme east.
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"Constitutional fundamentals." In English Public Law, edited by David Feldman and Burrows Andrew. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199227938.003.0001.
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Abstract The United Kingdom of Great Britain and Northern Ireland (to give the State in question its full name), is often said to have an ‘unwritten constitution’. This is a misleading description of the constitutional arrangements within the United Kingdom because, like other States, most of the major rules governing the politico-legal systems are set down in writing. What the United Kingdom lacks ‘is not a written constitution but a codified Constitution, a Constitution with a capital C, one that has been formally adopted in accordance with some legal process generally acknowledged as appropriate for that purpose’.
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Nann, John B., and Morris L. Cohen. "Constitutional Law, 1780s." In The Yale Law School Guide to Research in American Legal History. Yale University Press, 2018. http://dx.doi.org/10.12987/yale/9780300118537.003.0005.
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This chapter discusses sources for information about the United States and state constitutions; constitutional conventions, especially the Constitutional Convention of 1787; the ratification of the U.S. Constitution; and the ratification of the Bill of Rights and other amendments. Although the Constitution of the United States is extremely important to American law and legal history, researchers should keep in mind that it is not the only constitution in play, nor was it the first. Even before the Declaration of Independence was promulgated on July 4, 1776, states had begun to work on their own constitutions. Meanwhile, sources of information about the Constitutional Convention of 1787 include materials about the Continental Congress. While comparatively little material is available from the actual constitutional convention, a great deal of information from the process of the Constitution's ratification exists.
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Radford, Mike, and Donald M. Broom. "A Great Revolution." In Animal Welfare Law in Britain. Oxford University PressOxford, 2001. http://dx.doi.org/10.1093/oso/9780198262510.003.0002.
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Abstract ‘I can entertain no doubt, after the most deliberate study and dispassionate judgment of which I am capable, that the view which most naturalists entertain, and which I formerly entertained-namely, that each species has been independently created-is erroneous’, declared Charles Darwin in his Introduction to The Origin of Species, published in 1859. ‘I am fully convinced’, he continued, ‘that species are not immutable; but that those belonging to what are called the same genera are lineal descendants of some other and generally extinct species.’ As a result, he suggested in parenthesis at the end of the book, ‘Light will be thrown on the origin of man and his history.
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Loveland, Ian. "Britain and Europe." In The British Constitution in the Twentieth Century. British Academy, 2004. http://dx.doi.org/10.5871/bacad/9780197263198.003.0017.
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This chapter examines the changes in Great Britain's relationship with the rest of Europe during the twentieth century. Britain's membership to the European Community (EC) has significantly affected constitutional understandings because it required the transfer of law-making authority from Britain to its fellow EC member states and the institutions of the Community. In this light, it can be argued that accession to the Community has proved by far the most significant constitutional innovation undertaken by any government in the twentieth century.
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Mueller, Dennis C. "The Constitutional Premise." In Constitutional Democracy. Oxford University PressNew York, NY, 1996. http://dx.doi.org/10.1093/oso/9780195095883.003.0003.
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Abstract A constitution can be thought of as the set of rules that define a community ‘s political institutions. By this definition all communities, even dictatorships, have a constitution. In many cases history delineates the boundaries of the community and writes the provisions in its constitution. Great Britain is a collection of disparate peoples formed into a political community by a history of wars both among themselves and against common enemies. Its constitution, like the political community it defines, has evolved through a series of steps large and small over the course of centuries.
Actas de conferencias sobre el tema "Constitutional law – great britain – history"
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Galić, Borislav. "THE HISTORICAL SIGNIFICANCE OF THE PRINCIPLES OF AUTHORITY IN SERBIA IN THE 20TH CENTURY FOR LIBERTY OF ECONOMIC TREATMENT IN CONTEMPORARY ECONOMIC CONDITIONS." In International scientific conference challenges and open issues of service law. Vol. 2. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko2.685g.
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In the 20th century, Serbia had a very interesting and diverse constitutional development and constitutional solutions, changing the principles of the organization of government, the form of social organization, the diversity of state communities. In this period of time, Serbia passed a large number of constitutions, and some of them were revoked and again, with minor changes, adopted. In any case, such a rich constitutional history has contributed to the fact that Serbia has great constitutional experience, which will be necessary when adopting new constitutional changes that will inevitably follow in the future and which should be used in order not to make the historical mistakes we made in the past. All the constitutions that were proclaimed in Serbia in the 20th century (there were eith of them) were of significance not only for the principle of separation of powers between three branches of government, but also for the creation of conditions for the functioning of economic entities. Basic principles that werw established bythe constitutionalarticles werw to a guide to how economic rights should be regulated, and above all: equality of private and other forms of property, free market, freedom of entrepreneurship , independence of economic entities.