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The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom PDF

297 Pages·2011·2.428 MB·English
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by Roger Masterman| 2011| 297 pages| 2.428| English

About The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom

This book examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act 1998 and Constitutional Reform Act 2005. Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty. While, arguably by contrast, the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence. For law and politics readers on constitutional reform globally.

Detailed Information

Author:Roger Masterman
Publication Year:2011
ISBN:9780521493376
Pages:297
Language:English
File Size:2.428
Format:PDF
Price:FREE
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