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English Public Law

David Feldman

ISBN13: 9780198765516

ISBN: 0198765517

New Edition ISBN: 9780199227938

Published: March 2004

Publisher: Oxford University Press

Country of Publication: UK

Format: Hardback

Price: Out of print

Out of Print

This work sets out to become the essential first point of reference on English public law for lawyers in the UK and worldwide. Written by a team of leading English experts in the public law field, this companion volume to English Private Law examines all the key areas of public law: constitutional law, human rights, administrative law, judicial review, and criminal law.

Contained within a single volume lawyers will find an authoritative and well-organized analysis of the English law on these subjects. Regular supplements will keep the work fully up-to-date between editions.

Subjects:: English Legal System

Contents:: ART ONE: CONSTITUTIONAL LAW;; 1. Constitutional Fundamentals; (a) Fundamental principles; (b) Sources of law and the hierarchy of norms; 2. The Law of Parliament; (a) The constitution of Parliament and its role in government formation; (b) The powers and privileges of Parliament; (c) The legislative supremacy of Parliament and its limits; 3. The Nature, Powers, and Accountability of Central Government; (a) The nature of central government in the United Kingdom; (b) The domestic and international legal powers of central government; (c) Accountability of central government; 4. The Structure, Powers and Accountability of Local Government; (a) Introduction and background; (b) Local authorities in English law; (c) Other institutions for local governance; 5. The Powers and Accountability of Agencies and Regulators; (a) Introduction; (b) General principles; (c) Agencies for economic regulation; (d) Agencies for non-economic regulation; (e) Conclusions; 6. The Constitutional Position of the Judiciary; (a) Constitutional role of the judiciary; (b) Independence of the judiciary; (c) The relationship of the courts with parliament; (d) The relationship of the judiciary with the executive; (e) Liability for the exercise of judicial power; PART TWO: STANDARDS FOR LEGAL ACCOUNTABILITY IN PUBLIC LAW: HUMAN RIGHTS AND JUDICIAL REVIEW;; 7. Standards of Review and Human Rights in English Law; (a) The nature of legal standards for scrutinizing official action; (b) The historical background to and use of human rights in English law apart from the Human Rights Act 1998; (c) The Human Rights Act 1998; (d) General principles governing the application of convention rights; (e) Conclusion; 8. Rights to Life, Physical and Moral Integrity, Freedom of Lifestyle and Religion or Belief; (a) Introdcution; (b) The right to life; (c) The right to be free of torture and inhuman and degrading treatment and punishment; (d) Freedom from slavery and forced labour; (e) Liberty of the person; (f) Privacy, lifestyle and related rights; (g) The right to marry and found a family; (h) Freedom of thought, conscience and religion; 9. Political Rights; (a) Introduction; (b) The protection of freedom of expression; (c) Permitted restrictions on freedom of expression; (d) The scope of freedom of peaceful assembly and association; (e) Free elections; (g) Conclusion; 10. Social, Economic, and Cultural Rights; (a) Introduction; (b) The nature of socio-economic rights; (c) Sources of socio-economic rights; (d) Application of social rights in domestic law; (e) Alternatives to courts; (f) Conclusion; 11. Equality and Non-Discrimination; (a) Introduction; (b) History and sources; (c) Conceptions of equality and non-discrimination applicable in English public law; 12. Due Process Rights; (a) Introduction; (b) Article 6 ECHR; 13. Fundamental Principles of Administrative Law; (a) Sovereignty; (b) The rule of law; (c) The separation of power; 14. Grounds for Judicial Review: Illegality in the Strict Sense