- 294 pages
- English
- PDF
- Available on iOS & Android
Law in Politics, Politics in Law
About this book
A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?
This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
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Table of contents
- Preliminary Pages
- Preface
- Contents
- List of Authors
- Table of Cases
- Table of Legislation
- Part 1 - Introduction
- 1. Beginning at the Beginning: The Relationships between Politics and Law
- Part 2 - Lawyer-Politicians
- 2. Lawyers, MPs and Judges
- 3. Lawyers in the House of Commons
- 4. The Form and Language of Legislation
- Part 3 - Lawyers Advising Government
- 5. Legislation and Politics
- 6. Whitehall, Transparency, and the Law
- 7. The Role of International Lawyers in Government
- 8. Government Legal Advisers through the Ethics Looking Glass
- Part 4 - Politics and Legal Change
- 9. Law Reform in a Political Environment: The Work of the Law Commissions
- 10. Parliament Act 1911 in its Historical Context
- 11. The Parliament Act 1949
- 12. The Realities of the Parliament Act 1911
- 13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on a Parliamentary Procedure and on Legislative Drafting
- Part 5 - Politics, the Constitution, and Beyond
- 14. International Law and Great Power Politics
- 15. Law and Democracy in a Human Rights Framework
- 16. Politics, Law and Constitutional Moments in the UK
- 17. Looking Back and Moving On
- Index