Constitutional and Administrative Law 13th Edition by Hilaire Barnett 0367138573 9780367138578

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• ISBN 10:0367138573

• ISBN 13:9780367138578 

• Author:Hilaire Barnett  

Hilaire Barnett’s Constitutional & Administrative Law has provided generations of students with reliable, accessible and comprehensive coverage of the Public Law syllabus. Mapped to the common course outline, the Thirteenth Edition equips students with an understanding of the UK constitution’s past, present and future by analysing and illustrating the political and socio-historical contexts that have shaped the major rules and principles of constitutional and administrative law, as well as ongoing constitutional reform.

This edition has been fully updated and includes discussion of the implications of the United Kingdom’s potential withdrawal from the European Union on the constitution, including the impact on the legislative supremacy of Parliament and the relationship between EU and domestic law after departure. Developments on the negotiations of the future relationship between the UK and the EU will be discussed in updates to the Companion Website.

Ideal for students studying constitutional and administrative law for the first time, this book offers clear explanations of the challenging concepts and legal rules in public law.

Constitutional and Administrative Law 13th Table of contents:

 1 Constitutional and Administrative Law:Nature, Sources and History
1 The Nature of Constitutional and Administrative Law 1
ii The Sources of Constitutional and Administrative Law 2
iii The History and Nature of British Constitutional and Administrative Law 3
2 Constitutional Law and Constitutional Principles
i The Rule of Law 42
ii The Separation of Powers 44
iii Sovereignty or Supremacy-Principle or Rule? 49
Further Reading 76
3 The Royal Prerogative
i The Origins of the Prerogative and its Subdivisions 77
ii The Crown and the giving and withholding of Evidence 117
iii The Personal Prerogatives 130
Further Reading 139
4 The Cabinet:Ministers and their Responsibilities
i Cabinets and Prime Ministers: Changing Roles 140
ii The Cabinet in Decline? 145
iii Relationships within the Cabinet 148
iv Subsequent Developments 150
v Defeat and Resignation, the Conventional Understanding 167
vi The individual Responsibility of Ministers 170
vii Ministers and Civil Servants 144
viii The Formulation of Policy 183
ix Accountability and Responsibility 185
x The Formulation of Legislative Proposals: Turning Policy into Law 186
xi The Cabinet, Policy Formulation and the Conduct of Government: Some Pointers from the Blair Administration 188
xii Quasi Legislation 190
Further Reading 194
5 Parliament: Composition and Privileges
i The House of Lords 195
ii The House of Commons 203
iii The Law and Custom of Parliament 205
Further Reading 245
6 Parliament: Procedures and Functions
i Questions of Ministers 246
ii Sittings of the House of Commons 248
iii Delegated (or subordinate) Legislation 249
iv The Oversight of Public Finance 256
v Legislation 267
vi Other means of Parliamentary Oversight 281
vii Ultimate Control over Ministers 287
viii Reform 288
Further Reading 290
7 The United Kingdom and the European Community and Union
i The Creation and Development of the European Community and Union 291
ii The European Political Institutions 299
iii Community Legislation 305
iv The European Courts 310
v Community Case Law 316
vi Community Law and the Member States 322
vii The Incorporation of Community Law in the United Kingdom-the Constitutional Mechanism 334
viii The Incorporation of Community Law in the United Kingdom-the Process 345
8 The Parliamentary Commissioner For Administration
i Government,Administration and Political Redress 398
ii The Whyatt Report 399
iii The Commissioner and the Select Committee 400
iv Jurisdiction 402
v Procedure 406
vi Maladministration 411
vii Remedies 427
viii Ministerial Responsibility 443
9 The Availability of Judicial Review
i The Development of the Jurisdictions of Courts and Tribunals 461
ii The Appellate Jurisdiction 474
iii The Supervisory Jurisdiction: an Introduction 477
iv The Availability of a Judicial Remedy 478
v The Principle of Procedural Exclusivity 482
vi What Bodies are Amenable to Judicial Review ? 490
vii Locus Standi 509
viii Statutory Exclusion of Judicial Review 513
10 Grounds for Judicial Review
i Introduction 525
ii A Qualified Decision-Maker 530
iii Illegality 554
iv Irrationality 561
v Procedural Impropriety 611
11 Public Order
i Introduction 630
ii Preventive Action 632
iii Breach of the Peace 637
iv Statutory Powers 650
v Public Order Act 1986 650
vi Public Processions (Northern Ireland) Act 1998 690
vii Protection From Harassment Act 1997 692
viii Serious Organised Crime and Police Act 2005 701
Further Reading 703
12 Police Powers
i Introduction 705
ii Police Discretion 705
iii Implied Licence to Enter Premises 713
iv Police and Criminal Evidence Act 1984 717
v Assault on and Wilful Obstruction of the Police 754
Further Reading 766
13 European Convention on Human Rights and Fundamental Freedoms and the Human Rights Act 1998
i The European Convention on Human Rights and Fundamental Freedoms 768
ii The Institutions 774
iii Status of the Convention in UK Law 791
iv The EU Charter of Fundamental Rights 794

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