Key Ideas in Law: The Rule of Law and the Separation of Powers
The Rule of Law and the Separation of Powers
Published on 29. July 2021
Book
Paperback/Softback
192 pages
978-1-5099-3877-3 (ISBN)
Description
Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.
Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.
The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.
Set against this backdrop, the book answers the following questions:
- How accessible is the law and how does it avoid arbitrariness?
- How is access to justice protected?
- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?
- How does our democracy enable majorities and protect minorities?
Since the referendum and in the light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state, the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.
The role of the courts and of the rule of law, has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.
Set against this backdrop, the book answers the following questions:
- How accessible is the law and how does it avoid arbitrariness?
- How is access to justice protected?
- How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?
- How does our democracy enable majorities and protect minorities?
Reviews / Votes
The evidence Beatson marshals - of constitutional strains unprecedented in modern times ... - is sufficiently troubling to merit for his book a wider audience than the students, scholars and practitioners of law for whom it is principally intended ... By explaining the mechanical underpinnings of the largely invisible vehicle that we call our constitution, Beatson has written a valuable manual for anyone who needs to keep it running or who simply wishes to discharge a civic duty by seeking to comprehend it. -- Lord David Anderson KC * Literary Review * This book is notable for the precision and acumen with which topics that are still much debated in English judicial culture are treated. -- Sabino Cassese, formerly a judge of the Constitutional Court of Italy * Il Sole 24 Ore (Bloomsbury translation) * Ample food for thought for constitutional scholars ... The book is a model of percipience. To produce a book that is so clear, detailed and current is an outstanding achievement. -- Alison L Young * The Cambridge Law Journal * This is a profound essay on the constitution and administrative law, packed with deep learning and wonderfully succinct. I read it with profit and students will too. * The Right Honourable Lord Sales, Justice of the Supreme Court, UK * The author does an excellent job in marshalling cases to indicate a common strand across a number of judgments, for example the reference to the Belmarsh (2004) and Ghaidan v Godin-Mendoza (2004) as indicative of an egalitarian philosophy stemming from the senior judiciary in the UK.He is superb in his deployment of a range of very old cases to support and enrich his analysis of modern themes. -- Aidan Flynn * Staffordshire University * A great text for students seeking to advance their understanding of the link between these two fundamental constitutional principles. A must read for any Public Law student wishing to 'aim higher'. * Stephen Clear, Bangor University * This concise yet detailed book offers an insightful look at the key issues facing our legal system today. -- Machaela Parkin * University of Bath * An excellent, clear text which explains a complex issue in an accessible and helpful manner. -- Samuel White * University of the West of Scotland * This is an excellent introduction to one of the key themes of the public law module. It provides a comprehensive study for students at all levels and helps them understand the definition and main issues surrounding the nebulous concept of the rule of law. -- Theodore Konstadinides * University of Essex *
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 216 mm
Width: 140 mm
Thickness: 11 mm
Weight
249 gr
ISBN-13
978-1-5099-3877-3 (9781509938773)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
E-Book
07/2021
1st Edition
Hart Publishing
€18.49
Available for download
E-Book
07/2021
1st Edition
Hart Publishing
€18.49
Available for download
Person
Jack Beatson was a High Court Judge between 2003 and 2013 and a Lord Justice of Appeal between 2013 and 2018. He was previously a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge, UK.
Content
1. Overview
2. Formal and Substantive Conceptions of the Rule of Law
3. Dicey's Rule of Law and the Twentieth-Century Critiques
4. Accessibility of Law
5. Avoiding Arbitrariness
6. Access to Justice
7. An Independent and Impartial Judiciary
8. The Separation of Powers and the Balance of Responsibilities
9. Enabling Majorities and Protecting Minorities in Our Democracy
2. Formal and Substantive Conceptions of the Rule of Law
3. Dicey's Rule of Law and the Twentieth-Century Critiques
4. Accessibility of Law
5. Avoiding Arbitrariness
6. Access to Justice
7. An Independent and Impartial Judiciary
8. The Separation of Powers and the Balance of Responsibilities
9. Enabling Majorities and Protecting Minorities in Our Democracy