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Key Ideas in Law: The Rule of Law and the Separation of Powers

Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
Written by leading public lawyer Jack Beatson, this book explores two fundamental constitutional principles: the rule of law and the separation of powers. It examines the clarity and predictability of the law, the interactions between the legislature, executive, and judiciary, and the accountability mechanisms within UK democracy.

Set against recent political events such as the 2016 EU referendum and the COVID-19 pandemic, it discusses constitutional strains and how courts have played a pivotal role in landmark cases addressing government authority and parliamentary sovereignty.

The book addresses key questions including law accessibility, protection of access to justice, the balance between law and politics, and the safeguarding of minorities within democracy.
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Format: Paperback / softback
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

Ideal for students, scholars, and practitioners of law specialising in constitutional and administrative law, as well as informed readers seeking a deeper understanding of UK constitutional principles in a contemporary context.

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Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and the mechanisms of accountability within our democracy.

Since the referendum and in light of the restrictions imposed to deal with the pandemic, and the use of guidelines presented as rules to do so, attention has refocused on the relationship and respective powers and competences of the three branches of the state: the legislature, the executive, and the judiciary. They have also placed strains on our unwritten constitution that have been unknown in modern times.

The role of the courts and of the rule of law has been dramatically illustrated by recent litigation, most notably the decisions on whether legislation was needed to serve notice of the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 was a matter for the courts as opposed to a political question for government.

Set against this backdrop, Key Ideas in Law: The Rule of Law and the Separation of Powers answers the following questions:

  • How accessible is the law and how does it avoid arbitrariness?
  • How is access to justice protected?
  • How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics?
  • How does our democracy enable majorities and protect minorities?

Series: Key Ideas in Law

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  • Key Ideas in Constitutional Law
    This book examines how constitutions, and the UK's in particular, emerge from disagreement and power tussles. Tensions arise over both the distribution and use of powers. A constitution seeks a degree of stability but also adjusts dynamically to social, economic, military, and political events and changing expectations of the state and what makes it legitimate. To show how these processes...
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  • Key Ideas in Law: The Concept of Fairness
    This book explores how the concept of fairness is used in different legal fields to ensure that the laws we live under are just and reasonable. It considers a wide range of topics, such as constitutional law, administrative law, criminal law, contract law, tort law, trusts law, family law, employment law, consumer law, immigration law, and tax law. Each chapter...
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  • Key Ideas in Trusts Law
    This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different...
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  • Key Ideas in Tax Law
    This book provides a short and clear guide to key ideas which underpin the UK tax code and illustrates the wider political and economic issues students need to know about when studying tax law. Some of these key ideas are controversial and the subject of much discussion and debate. The book explains the key issues that are of fundamental juristic...
    Paperback
    $3299
    Available
    Ships in 4-6 weeks
  • Key Ideas in Law: The Rule of Law and the Separation of Powers
    Prompted by the events following the 2016 referendum on EU membership and written during the COVID-19 pandemic by one of the leading public lawyers of our day, this book considers two key constitutional principles, the rule of law and separation of powers, by examining the generality, certainty and predictability of law, relations between the different branches of the state, and...
    Paperback
    $3899
    Available
    Ships in 4-6 weeks
  • Key Ideas in Tort Law
    This book offers nine key ideas about tort law that will help the reader to understand its various social functions and evaluate its effectiveness in performing those functions. The book focuses, in particular, on how tort law can guide people’s behaviour, and the political and social environments within which it operates. It also provides the reader with a wealth of...
    Paperback
    $2199
    Available
    Ships in 4-6 weeks

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Praised for its clarity and depth, the book offers a valuable and precise analysis of constitutional challenges unprecedented in modern times. Lord David Anderson describes it as an essential manual not only for legal professionals but also for anyone interested in understanding the workings of the constitution.

Sabino Cassese highlights the book's acute treatment of debated topics in English judicial culture, while Alison L Young commends its insightful and current approach, calling it an outstanding achievement in legal scholarship.

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Book Details

INFORMATION

ISBN: 9781509938773

Publisher: Bloomsbury Publishing PLC

Format: Paperback / softback

Date Published: 29 July 2021

Country: United Kingdom

Imprint: Hart Publishing

Audience: Tertiary education, Professional and scholarly

DIMENSIONS

Spine width: 14.0mm

Width: 138.0mm

Height: 214.0mm

Weight: 260g

Pages: 192

About the Author

Jack Beatson was a High Court Judge between 2003 and 2013 and a Lord Justice of Appeal between 2013 and 2018. He was previously a Law Commissioner and Rouse Ball Professor of English Law at the University of Cambridge, UK.

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