Law in Politics, Politics in Law

New as Paperback
ISBN: 978-1-84946-990-6
Verlag: Bloomsbury 3PL

Buch, Englisch, 296 Seiten, Paperback, Format (B × H): 170 mm x 244 mm, Gewicht: 518 g

Much writing on the relationship between politics and law has been overwhelmingly theoretical. We know relatively little about the practical, day-to-day impact of law on politicians, their legal advisers and civil servants. Yet policy can be given effect through law; legislation often has partisan, political, pragmatic aims, and legal rules and procedures can exercise unwelcome constraints on politicians when developing and implementing policies. How do lawyers in government see their roles? How does politics affect the drafting of legislation or the making of policy? This volume begins to answer these and other questions in a number of settings. Contributors include former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

'I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area'.
Saira Salimi, Statute Law Review

'One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here'.

Joseph Tomlinson, The Journal of Legislative Studies

'Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject'.

Christopher May, Political Studies Review

'This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them'.
Mark Davies, The Table

'The book provides well-rounded insight into the intricate relationship between Politics and Law'.

J Kern, European Review of Public Law

'. the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law'. (Translated from the original Italian)

Nicola Lupo, Rivista Trimestrale di Diritto Pubblico

Autoren/Hrsg.

Feldman, David

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Sozialwissenschaften Politikwissenschaft Regierungspolitik Innen-, Bildungs- und Bevölkerungspolitik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtspolitik

Inhaltsverzeichnis

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

Über Autor(innen)

Feldman, David
Over more than 50 years, David Feldman has studied and taught constitutional law in the UK and Australia, worked as a legal adviser in the UK's Houses of Parliament and sat as a Judge of the Constitutional Court of Bosnia and Herzegovina. He is currently Rouse Ball Professor Emeritus of English Law, University of Cambridge, and an Honorary Professor of the University of Manchester.

David Feldman is the Rouse Ball Professor of English Law at the University of Cambridge, and a Fellow of Downing College.