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Law in Politics, Politics in Law

Edited by: David Feldman

ISBN13: 9781849464734
Published: December 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00
Paperback edition , ISBN13 9781849469906



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A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics.

Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light public law is often seen as part of the political order or as inescapably partisan.

We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?

This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by current and former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meet politics in government.

Subjects:
Constitutional and Administrative Law
Contents:
Part 1: Introduction
1. Beginning at the Beginning: The Relationships between Politics and Law David Feldman

Part 2: Lawyer-Politicians
2. Lawyers, MPs and Judges Ross Cranston
3. Lawyers in the House of Commons David Howarth
4. The Form and Language of Legislation Alan Rodger

Part 3: Lawyers Advising Government 5. Legislation and Politics Stephen Laws
6. Whitehall, Transparency, and the Law David Seymour
7. The Role of Public International Lawyers in Government Michael Wood
8. Government Legal Advisers through the Ethics Looking Glass Matthew Windsor

Part 4: Politics and Legal Change
9. Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke and Hector MacQueen
10. Parliament Act 1911 in its Historical Context Philip Norton
11. The Parliament Act 1949 Chris Ballinger
12. The Realities of the Parliament Act 1911 Daniel Greenberg
13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri Walters

Part 5: Politics, the Constitution, and Beyond
14. International Law and Great Power Politics Matthew Parish
15. Law and Democracy in a Human Rights Framework Philip Sales
16. Politics, Law and Constitutional Moments in the UK Dawn Oliver
17. Looking Back and Moving On David Feldman

Series: Hart Studies in Constitutional Law

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Regency, Counsellors of State, and the Future of the Modern Monarchy ISBN 9781509976904
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Essays on Freedom and Proportionality ISBN 9781509973804
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Nationhood, Executive Power and the Australian Constitution ISBN 9781509942367
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The New Labour Constitution: Twenty Years On ISBN 9781509957255
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Parliament and the Law 3rd ed ISBN 9781509934096
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Parliament and the Law 3rd ed (eBook) ISBN 9781509934102
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Nationhood, Executive Power and the Australian Constitution ISBN 9781509942329
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Nationhood, Executive Power and the Australian Constitution (eBook) ISBN 9781509942336
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The New Labour Constitution: Twenty Years On ISBN 9781509924646
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The New Labour Constitution: Twenty Years On (eBook) ISBN 9781509924653
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Proportionality and Facts in Constitutional Adjudication (eBook) ISBN 9781509936991
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Proportionality and Facts in Constitutional Adjudication ISBN 9781509936984
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Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509945344
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Parliament and the Law 2nd ed ISBN 9781509939633
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Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
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ISBN 9781509937523
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Stretching the Constitution: The Brexit Shock in Historic Perspective ISBN 9781509905805
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The Codes of the Constitution (eBook) ISBN 9781509904105
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The Codes of the Constitution ISBN 9781509926817
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Parliament: Legislation and Accountability ISBN 9781509925414
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Parliaments and Human Rights ISBN 9781849461382
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Parliament and the Law 2nd ed (eBook) ISBN 9781509908721
Published February 2018
Hart Publishing
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Parliament and the Law 2nd ed ISBN 9781509908714
Published February 2018
Hart Publishing
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Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May (eBook)
Edited by: Paul Evans
ISBN 9781509900213
Published December 2017
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£40.49
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Essays on the History of Parliamentary Procedure: In Honour of Thomas Erskine May
Edited by: Paul Evans
ISBN 9781509900206
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The Codes of the Constitution ISBN 9781849466813
Published September 2016
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£90.00
Parliament: Legislation and Accountability (eBook) ISBN 9781509906444
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Parliament: Legislation and Accountability ISBN 9781849467162
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Law in Politics, Politics in Law
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ISBN 9781849469906
Published November 2015
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£31.99
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The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849466608
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Law in Politics, Politics in Law (eBook)
Edited by: David Feldman
ISBN 9781782252832
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The House of Lords 1911-2011: A Century of Non-Reform ISBN 9781849462891
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The House of Lords 1911-2011: A Century of Non-Reform (eBook) ISBN 9781782250494
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