There has been repeated criticism in recent years from a variety of sources about both the quantity and quality of legislation. The Committee's inquiry into Ensuring standards in the quality of legislation has considered these criticisms, analysed the core problems and causes of bad quality legislation, and looked to provide solutions for both the Government and Parliament to improve the quality of legislation. The Scottish Parliament, Northern Ireland Assembly and National Assembly for Wales have adapted the Westminster model in order to improve the quality of their legislation; it is now the turn of Westminster to look at their processes and adapt them for use here. The Committee has concluded that it would be beneficial for Parliament and the Government to work together to agree standards for what makes good legislation, and as a starting point for discussion publishes a draft Code of Legislative Standards with the report. The Committee also recommends the creation of a Joint Legislative Standards Committee to provide oversight of the Cabinet's Parliamentary Business and Legislation Committee's approach to and use of the finalised Code of Legislative Standards, to ensure that the quality standards set out in the Code of Legislative Standards are met. The Committee considers that these recommendations would also improve the quality of constitutional legislation, in particular, by requiring the Government to adopt an agreed test to identify constitutional legislation and thereby improve Parliament's scrutiny of it

As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.

Examines contemporary perspectives on law through Twining's scholarly work and with a focus on ethical, global and theoretical contexts.

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Cases and Materials on Constitutional and Administrative Law provides an essential collection of key primary and secondary materials with incisive commentary from the authors.

This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian

Public Law Text, Cases, and Materials explores how the law works in practice. The key institutions, legal principles, and conventions that underpin the public law of the UK are brought to life through the inclusion of extracts from key sources, which are explained and critiqued by the authors.

'Public Law' is an introductory textbook that offers a mixture of black letter law and political analysis to give students an excellent grounding in the subject. It covers all of the key topics on undergraduate courses and includes a number of pedagogical features to aid understanding.

Constitutional and administrative law (Public law) is an essential element of all law degrees. UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW will ensure that you grasp the main concepts with ease, providing you with an indispensable foundation in the subject. This revised third edition is fully up-to-date with the latest key changes in the law. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives, activities such as self-test questions, key facts charts to consolidate your knowledge diagrams to aid memory and understanding prominently displayed cases and judgments chapter summaries a glossary of legal terminology essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions and updates to the law.