Principles Of Public Law

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To understand what the modern constitution is, it is necessary to examine what it does - putting into practice the goals of liberal democracy. The first part of this book looks at history, contemporary politicians and textbook writers for what they reveal about these aims. In the second part, the book considers the status of some of the main institutions of the constitution: the United Kingdom Parliament, the institutions of the European Union and the many different forms of public authorities through which people are governed. The third part examines how the constitution seeks to resolve disputes between people and public authorities - including analyses of ombudsmen, judicial review and European Community law. In the final part, civil liberties and human rights are examined. Having explained the significance of the Human Rights Act 1998 and the European Court of Human Rights, the chapters here evaluate the legal protection of several different rights, including the right to life, liberty of the person, non-retrospectivity of law, privacy, freedoms of expression, assembly and association, equality and free movement.

E-Book Content

Principles of Public Law CP Cavendish Publishing Limited London • Sydney EDITORIAL ADVISORY BOARD PRINCIPLES OF LAW SERIES Professor Paul Dobson Visiting Professor at Anglia Polytechnic University Professor Nigel Gravells Professor of English Law, Nottingham University Professor Phillip Kenny Professor and Head of the Law School, Northumbria University Professor Richard Kidner Professor at the Law Department, University of Wales, Aberystwyth In order to ensure that the material presented by each title maintains the necessary balance between thoroughness in content and accessibility in arrangement, each title in the series has been read and approved by an independent specialist under the aegis of the Editorial Board. The Editorial Board oversees the development of the series as a whole, ensuring a conformity in all these vital aspects. Principles of Public Law Andrew Le Sueur, LLB, Barrister Reader in Laws, University College London Javan Herberg, LLB, BCL, Barrister Practising Barrister, Blackstone Chambers Rosalind English, LLM, MA, Barrister CP Cavendish Publishing Limited London • Sydney Second edition first published 1999 by Cavendish Publishing Limited, The Glass House, Wharton Street, London, WC1X 9PX, United Kingdom Telephone: +44 (0) 20 7278 8000 Facsimile: +44 (0) 20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com This title was previously published as Constitutional and Administrative Law under the Lecture Notes series. © Le Sueur, A, Herberg, J and English, R 1999 First edition 1995 Second edition 1999 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. Le Sueur, AP Principles of public law – 2nd ed – (Principles series) 1 Public Law – Great Britain 2 Great Britain – Constitutional law I Title II Herberg, JW III English, R 342.4'1 ISBN 1 85941 381 1 Printed and bound in Great Britain PREFACE This book has been written for law students. Its purpose is to introduce the UK’s changing constitutional system and some of the underlying debates about how modern societies
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