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Parliamentary Sovereignty and the Human Rights Act
The Human Rights Act 1998 is criticised for providing a weak protection of human rights. The principle of parliamentary legislative supremacy prevents entrenchment, meaning that courts cannot overturn legislation passed after the Act that contradicts Convention rights. This book investigates this assumption, arguing that the principle of parliamentary legislative supremacy is sufficiently flexible to enable a stronger protection of human rights, which can replicate the effect of entrenchment. Nevertheless, it is argued that the current protection should not be strengthened. If correctly interpreted, the Human Rights Act can facilitate democratic dialogue that enables courts to perform their proper correcting function to protect rights from abuse, whilst enabling the legislature to authoritatively determine contestable issues surrounding the extent to which human rights should be protected alongside other rights, interests and goals of a particular society. This understanding of the Human Rights Act also provides a different justification for the preservation of Dicey's conception of parliamentary sovereignty in the UK Constitution.
eBook
The British Constitution
In the latter part of the 19th century, Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. In this book, the author argues that the same is true at the beginning of this century. Most people are aware that a series of major constitutional changes has taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we should probably try to make the best of. This book is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour — by someone who is a journalist and political commentator as well as a distinguished academic. Highly charged issues that remain to be settled concern the relations between Scotland and England and the future of the House of Lords. A reformed House of Lords, the author fears, could wind up comprising ‘a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-weres and never-could-possibly-bes’. The book is the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future.
eBook
British Identities before Nationalism
Inspired by debates among political scientists over the strength and depth of the pre-modern roots of nationalism, this study attempts to gauge the status of ethnic identities in an era whose dominant loyalties and modes of political argument were confessional, institutional and juridical. Colin Kidd's point of departure is the widely shared orthodox belief that the whole world had been peopled by the offspring of Noah. In addition, Kidd probes inconsistencies in national myths of origin and ancient constitutional claims, and considers points of contact which existed in the early modern era between ethnic identities which are now viewed as antithetical, including those of Celts and Saxons. He also argues that Gothicism qualified the notorious Francophobia of eighteenth-century Britons. A wide-ranging example of the new British history, this study draws upon evidence from England, Scotland, Ireland and America, while remaining alert to European comparisons and influences.
eBook
