Government Lawyers in the United Kingdom

Between Law and Politics
Erscheinungsjahr 2026
ISBN: 978-1-5099-8926-3
Verlag: Bloomsbury Publishing plc

Buch, Englisch, 368 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 518 g

Reihe: Hart Publishing

This book details and evaluates the role of government lawyers in the UK's constitutional order.

It traces the multifaceted, influential, but understudied role of government lawyers in the making of law and policy in the UK. It offers an account of the functions of, and relationships between, the different ensemble of actors that provide legal advice and services to the Government.

Actors the book studies include the Government Legal Department, Office of Parliamentary Counsel, the Legal Directorate of the Foreign and Commonwealth Office, and the Law Officers.

The book also examines the important role played in the provision of legal services by panels of external legal advisors drawn from the Bar, with special attention being given to the First Treasury Counsel. It offers a fine-grained account of the mechanics and processes that structure the work of these actors, including how legal advice is sought and formulated, the standards, principles, and norms that govern how legal risk is assessed and presented to Ministers, and the decision-making hierarchy for determining which legal opinion takes precedence.

The book also critically assesses how government lawyers contribute to good governance and play a very valuable role in the constitutional order. The book argues government lawyers help ensure respect for the rule of law is deeply embedded in the policymaking process while also facilitating the executive's capacity to govern for the public good, by maintaining a deep institutional commitment to providing constructive and solutions-based legal advice.

Autoren/Hrsg.

Casey, Conor

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politikwissenschaft Allgemein
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction: Government Lawyers and Public Law
2. The Crown and its Lawyers: A Brief History
3. The Treasury Solicitor and the Government Legal Department
4. Legal Directorate of the Foreign, Commonwealth, and Development Office
5. First Treasury Counsel, Attorney General's Panels, and Junior Counsel to the Crown
6. The Law Officers of the Crown: Attorney General, Solicitor General, and Advocate General
7. Providing Legal Advice to HM Government: Procedures and Structures
8. Providing Legal Advice to HM Government: Substantive Principles and Norms
9. Status and Influence of Legal Advice within Government
10. Legal Professional Privilege, the Law Officers Convention, and the Law Officers Privilege
11. The Office of the Parliamentary Counsel, Government Lawyers, and the Legislative Process
12. Government Lawyers and Constitutional Governance

Über Autor(innen)

Casey, Conor
Conor Casey is Senior Lecturer at the University of Surrey, UK.