The New British Constitution

ISBN-13: 9781841136714 / Angielski / Miękka / 2009 / 336 str.

Opis

The British constitution, long considered entrenched by tradition and history, has, since 1997, undergone a process unique in the democratic world: piecemeal transformation from uncodified to codified status. This process, spear-headed by the Human Rights Act and devolution to the non-English parts of the UK (at present there exists neither the political will nor the consensus to go further) has created a new constitution, characterized by the limitation of the powers of Parliament. The Human Rights Act and the devolution legislation, having the character of fundamental law, in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. And though these reforms, together with Britain's membership of the EU, do little to secure more popular involvement in politics, they nevertheless serve to replace one constitution by another. The next phase of constitutional reform is likely to involve the creation of new forms of democratic engagement, so that Britain's constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in-Parliament, but, instead, as so many constitutions do, from 'we the people.' This new book, by one of Britain's most respected and experienced constitutional commentators, charts the emergence and significance of these reforms, and evaluates their success as part of a larger historical shift towards the constitutionalizing of British democracy. While opinion is sharply divided as to the way forward, the author argues that former Prime Minister Tony Blair's most permanent legacy may well prove to be his championing of a new British constitution. Those seeking an authoritative insight into the state of that constitution need look no further. This eagerly awaited text - by Vernon Bogdanor, the UK's leading expert in this area - will be an invaluable source of information for scholars, students, politicians, journalists, and policy-makers.

Recenzje

In explaining how this new British constitution has emerged in the space of a political generation, Bogdanor is not only an insightful but also a congenial companion. His mastery of the subject is conveyed in a conversational style which makes the book a pleasure to read and for this reason The New British Constitution will appeal to the widest possible readership. I am reluctant to end a review of such a valuable book with a cliché but in this case it is warranted. It is a 'must read' for anyone interested in British politics. Arthur Aughey The Journal of Legislative Studies, Volume 15, No. 4

Spis treści

PART I: THE OLD CONSTITUTION1 A Peculiar Constitution2 The Old Constitution Under StrainPART II: THE NEW CONSTITUTION3 The Human Rights Act: Cornerstone of the New Constitution4 Devolution5 Hung Parliaments: Governing without a Majority6 A Reformed House of Lords7 The Referendum8 The New Government of London9 Towards a Written Constitution?PART III: BEYOND THE NEW CONSTITUTION10 A New Localism?11 The Constitutional State12 Towards a Popular Constitutional State: Democracy and Participation

O autorze

Vernon Bogdanor was, until 2010, Professor of Government at Oxford University. He is now a Research Professor at King's College, London, Gresham Professor of Law, a Fellow of the British Academy and an Honorary Fellow of the Institute of Advanced Legal Studies.