1st Edition
Alex Carroll
2000 528 pages (est.)
0273-64435-1 (Paperback)
This revised edition contains
an Appendix on developments in constitutional reform. The areas covered include changes in
local government; devolution; the European Commission and Parliament; sources of Community
law; The House of Lords; Crown proceedings; negligent exercise of statutory powers and
duties; judicial review; civil liberties; the ECHR.
Features and benefits
Update Appendix brings the book right up to date with current developments in this
fast-changing area
The book follows the contemporary trend for increased European emphasis, both with
respect to the EU and the ECHR.
Appropriate length and depth for new style modular degree courses: concentrates on
the core topics taught on most constitutional and administrative law courses
PART 1: FUNDAMENTAL PRINCIPLES
Introduction to Constitutional and Administrative Law; What is a constitution; The British
constitution; The cultural dimension; The European dimension; The terminology of
constitutional and administrative law; The geography of the constitution The
Characteristics of the Constitution; The unwritten constitution; Flexibility; Unitary;
Constitutional monarchy; Bicameral sovereign Parliament; Representative democracy;
Responsible government; The separation of powers; The rule of law Sources of
Constitutional and Administrative Law; Legislation; Judicial decisions; Constitutional
conventions; European Community law; The European Conventions on Human Rights; The law and
custom of Parliament
PART 2: PARLIAMENT AND THE
EUROPEAN COMMUNITY
The European Community: Institutions and Sources of Law; Origins of the European
Community; The Maastricht Treaty and the European Union; Community institutions; Sources
of Community law The Legislative Sovereignty of the Westminster Parliament: The
Traditional Doctrine; Application; Possible legal limitations; The relationship between EC
law and Acts of Parliament
PART 3: THE COMPOSITION AND
WORKINGS OF PARLIAMENT
The Franchise and the Electorate; Qualifications; Disqualifications The House of Commons:
Members of Parliament; Disqualifications; Effects of disqualification; Role and functions
of MPs; The relationship between MP and party The House of Commons: Principal functions;
Legislation; Scrutiny of executive action; Financial proceedings; Other functions. The
House of Lords; Composition; Creation of peers; Disclaimer and disqualification;
Attendance; Party affiliations; Powers; Functions; Proposals for reform. Parliamentary
Privilege; Nature and sources; Freedom of speech; Freedom from arrest; Right of the House
to regulate its own composition; Right of the House to regulate its internal proceedings;
Right of the House to punish for breach of privilege and contempt of Parliament; The
courts and parliamentary privilege; The courts and contempt
PART 4: THE EXECUTIVE
The Prime Minister and Cabinet; Choosing a Prime Minister; Factors contributing to the
power of the Prime Minister; Limits on prime ministerial power; The Cabinet. The Royal
Prerogative; Nature and significance; History; Principal remaining prerogatives; The
prerogative and statute; The prerogative and the courts Proceedings: Liability of the
Crown and Public Authorities; The law before the Crown Proceedings Act 1947; The Crown
Proceedings Act 1947; Private law liability for abuse of statutory powers; Remedies; Crown
privilege; From Crown privilege to public interest immunity; Pleading public interest
immunity: duty of discretion; Public interest immunity and criminal proceedings
PART 5: JUDICIAL REVIEW OF
ADMINISTRATIVE ACTION
The Nature of Judicial Review; The scope of judicial review; Jurisdiction and power;
Review and appeal contrasted; Sources of public law power
Grounds for Judicial Review: Illegality, Irrationality and Procedural
