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Contents

Contents Table of cases Table of statues Table of treaties andconventions Preface Foreword Acknowledgements Part 1 Foundations of the British system of constitutional and administrative law Chapter 1 Introduction toconstitutional and administrative law Objectives What is a constitution? The British constitution The cultural dimension Distinguishing between constitutional law andadministrative law The terminology of constitutional and administrativelaw The geography of the constitution The European dimension Summary Further reading Chapter 2 The characteristicsof the constitution Objectives Introduction The unwritten constitution Flexibility Unitary Constitutional monarchy Bicameral sovereign Parliament Representative democracy Responsible government The European Convention on Human Rights Summary References Further reading Chapter 3 Fundamentalconstitutional doctrines Objectives The Rule of Law The Rule of Law in the United Kingdom The separation of powers The legislative supremacy of the Westminster Parliament Application Possible legal limitations Political restraints The relation between EU law and Acts of Parliament Summary References Further reading Chapter 4 Sources ofconstitutional and administrative law Objectives Introduction Legislation Judicial decisions Constitutional conventions European Convention on Human Rights The law and custom of Parliament Summary References Further reading Part 2 The United Kingdom and the European Union Chapter 5 The EuropeanUnion: British membership, institutions of government and sourcesof law Objectives Part A: Origins anddevelopment The birth of the European ideal Structural foundations of the European Union Part B: Institutions of lawand government Structural outline Part C: Sources of law Primary EU law Secondary EU law Chapter 6 Brexit (Britishwithdrawal from the European Union) Objectives Why the UK left the EuropeanUnion Attitudes towards Europe The road to the referendum of 2016 The leaving process: TEU Article 50 Brexit case law The Miller case The Wilson case Legislation for withdrawal:the key legal instruments The EU (Withdrawal) Act 2018 Status and amendment of EU retained law The EU-UK WithdrawalAgreement 2020 The legal basis The EU (WithdrawalAgreement) Act 2020 General content Key provisions The European Union andUnited Kingdom Trade and Cooperation Agreement 2020 Background, purposes and general content Law enforcement and judicial cooperation Governance and institutional structure Disputes procedure The European Union (FutureRelationship) Act 2020 Background General objectives Implementation by regulation and the powers given toMinisters Comment Part 3 The composition and workings of Parliament Chapter 7 The franchise andthe electorate Objectives Introduction Qualifications Casting the vote Disqualifications Special categories of voters Summary Further reading Chapter 8 The House ofCommons: Members of Parliament Objectives Disqualifications Effects of disqualification Role and functions of MPs The relationship between MP and party The Recall of MPs Act 2015 Gender, ethnicity, background and related matters Summary References Further reading Chapter 9 The House ofCommons: principal functions Objectives Introduction Legislation Scrutiny of executive action Scottish and Welsh affairs at Westminster Northern Irish affairs at Westminster Financial proceedings Other functions of the House of Commons Summary References Further reading Chapter 10 The House ofLords Objectives Origins and composition Types of peers Disclaimer and disqualifications Attendance Functions Proposals for reform Summary References Further reading Chapter 11 Parliamentaryprivilege Objectives Nature and sources Freedom of speech Freedom from arrest Right of the House to regulate its own composition Right of the House to regulate its internalproceedings Right of the House to punish for breach of privilegeand contempt of Parliament The courts and parliamentary privilege The courts and contempt Parliamentary privilege and the European Convention onHuman Rights Summary References Further reading Part 4 The Executive Chapter 12 The PrimeMinister and Cabinet Objectives Introduction Choosing a Prime Minister The powers of the Prime Minister Factors contributing to the power of the PrimeMinister Limits on Prime Ministerial power The Cabinet The Ministerial Code of Conduct Summary References Further reading Chapter 13 The royalprerogative Objectives Nature and significance Principal remaining prerogatives The prerogative and statute The prerogative and the courts Summary References Further reading Chapter 14 Legal liabilityof the Crown and public authorities Objectives Introduction: the Crown Public authorities generally Negligence and statutory powers Remedies Public interest immunity Public interest immunity and criminal proceedings Public interest immunity and national security Summary References Further reading Part 5 Judicial supervision of executive power Chapter 15 Judicial review:nature and grounds for Objectives The nature of judicial review Judicial review and constitutional fundamentals The scope of judicial review Power and jurisdiction Review and appeal contrasted Grounds for judicial review Illegality Jurisdictional control Control of discretion Reasonableness, rationality and proportionality Procedural impropriety Summary References Further reading Chapter 16 Judicial review:applications for, exclusion of, and exclusivity Objectives Applying for judicial review The procedure Remedies Relator proceedings Exclusion of judicial review and ouster clauses Subjectively worded powers Alternative remedies Justiciability Exclusivity The rule in O'Reillyv Mackman Judicial review and contractual powers Judicial review beyond statutory or prerogative powers Summary Reference Further reading Part 6 Human rights Chapter 17 The EuropeanConvention on Human Rights Objectives Introduction Formulation The European Court of Human Rights General principles of European human rights law The rights protected by the Convention Summary References Further reading Chapter 18 The Human RightsAct 1998 Objectives Freedom versus rights Objectives of the 1998 Act Principal provisions Extra-territorial effect Human rights and judicial review Application of the Human Rights Act Derogation from the Human Rights Act Summary References Further reading Chapter 19 Police powers,personal liberty and privacy Objectives Personal freedom Stop and search Arrest Detention and questioning Interviewing suspects Inadmissible evidence Entry, search and seizure Surveillance Remedies for police malpractice Police Community Support Officers Summary References Further reading Chapter 20 Restrictions onthe rights of freedom of assembly and association Objectives Introduction: the freedoms defined Statutory restrictions on marches and assemblies Common law preventative powers Statutory public order offences Other relevant statutory offences Common law offences Summary Further reading Chapter 21 Restrictions onthe rights of freedom of expression and information Objectives Introduction Freedom of expression and the mass media Freedom of expression, obscenity and pornography Freedom of expression and the administration ofjustice Freedom of expression, public order and nationalsecurity Freedom of information and data protection Freedom of expression, the internet and the law oftort Freedom of expression, the internet and the criminallaw Summary References Further reading Chapter 22 Freedom andemergency powers Objectives Emergency powers in general Emergency powers in wartime Emergency powers and terrorism Counter-Terrorism and Security Act 2015 Emergency powers in peacetime Emergencies and the common law Summary References Further reading Glossary Index

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