This book examines how constitutions, and the UK's in particular, emerge from disagreement and power tussles.
Tensions arise over both distribution and use of powers. A constitution seeks a degree of stability, but also adjusts dynamically to social, economic, military and political events and changing expectations of the state and what makes it legitimate. To show how these processes work, the book illustrates how different kinds of power are allocated between state institutions at different levels of government, how they are distributed between institutions at the same level of government, and some of the values which animate the relationships between institutions. To understand the nature of constitutional practices and rules, the book compares the UK's constitution with aspects of other countries' constitutional accommodations.
It is hoped that people embarking on the study or practice of law, politics or government will find this useful, and that more established practitioners, scholars and general readers will also find it interesting.
1. Constitutions and Constitutional Law
2. Power and Disagreement
3. Institutions and the Diffusion of Powers
4. Institutions and the Separation of Powers
5. Relations between the Judiciary and the Executive and Legislature
6. Constitutional Values: Authority, Democracy, Rights and the Rule of Law
7. Conventions, Rights, Clashing Values and Constitutionalism
Short, stimulating introductions to legal subjects by experts in the field.
The Key Ideas in Law series provides an opportunity to step back from the detail of the law to consider its broader intellectual foundations and ideas, and how these work in practice. Written by leading legal scholars with great expertise and depth of knowledge, the books offer an unparalleled combination of accessibility, concision, intellectual breadth and originality in legal writing. The books will appeal to students seeking a concise introduction to a subject, stimulating wider reading for a course or deeper understanding for an exam, as well as to scholars and practitioners for the fresh perspectives and new ideas they provide.