Public Law in a Multi-Layered Constitution by Nicholas Bamforth, Peter Leyland
By Nicholas Bamforth, Peter Leyland
How is the distribution of energy among different degrees of the modern structure to be policed? what's the rising contribution of the courts in regard to EC legislation, the Human Rights Act 1998 and devolution? What roles can be performed by way of the legislative and judicial our bodies at each one point? Who must have entry to the courts in public legislations disputes, and on what grounds may still the courts keep an eye on the workout of public energy? Can a coherent contrast be maintained among private and non-private legislations? those essays by way of major public legislation students discover the allocation and rules of public strength within the united kingdom. in the beginning of the twenty first century it seems that the conventional Diceyan version of a unitary structure has been outdated as energy has end up allotted - fairly within the post-1997 interval - among associations at eu, nationwide, devolved and native point. moreover, the courts have come to play a strong function in any respect degrees via judicial evaluation, whereas kinds of rules and contracting, including different casual concepts of governance, have emerged. The modern structure might be characterised as regarding a multi-layered distribution of energy - a scenario which increases many key questions about the position of public legislations. The essays during this very important assortment take on such questions from a number of views, aiming among them to supply a dynamic photo of the position of public legislations within the modern, multi-layered structure.
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Extra info for Public Law in a Multi-Layered Constitution
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The burden of justifying the restriction falls on the public authority, which must provide clear and sufficient evidence. This 'right-centred' approach, Taggart suggests, requires more focused, consistent and transparent judicial methodology than was the case under the 'classic model'. Taggart argues, however, that judges will still remain wary, under the rights-focused model, of intervening in certain types of case. The central idea behind the 'classic' Wednesbury approach—that it is inappropriate for the courts to adjudicate in every dispute between citizen and state—lives on.
Furthermore, the record of United Kingdom courts in civil liberties cases is, Gearty argues, unimpressive, both in absolute terms and in contrast to the Westminster Parliament. While Gearty does not extend his analysis into the area of deference explicitly, it is clear that he would take a very different view—as a committed supporter of traditional Parliamentary sovereignty—from that advocated by Hunt. The Taggart, Hunt and Gearty chapters highlight the fact that one's normative view concerning the appropriate division between legal and political accountability is central to any assessment of the proper role of the courts in the contemporary constitution.
The final chapter, by Joanna Miles—entitled 'Standing in a Multi-Layered Constitution'—also focuses, albeit in the specific context of the range of litigants who are entitled to litigate in essentially public law disputes—on the appropriate division between legal and political accountability, and on the complexities associated with the existence of multiple constitutional layers. Miles traces—in particular, by Public Law in a Multi-Layered Constitution 25 using a case study based upon the standing and intervention rights of the pressure group Greenpeace—the differences between standing and intervention rules in Human Rights Act judicial review cases, devolution disputes, EC law cases, and ordinary judicial review under section 31 of the Supreme Court Act 1981.