The British Constitution Resettled
Parliamentary Sovereignty Before and After Brexit
(Sprache: Englisch)
Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical...
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Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies - the financial transactions tax, freedom of movement of persons, and the working time directive - to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament's place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.Inhaltsverzeichnis zu „The British Constitution Resettled “
Chapter 1: The impact of EU membership on UK Government and Parliament's sovereignty1.1UK membership of the EU1.2EU membership impact on UK governing competences1.3The EU challenge to parliamentary sovereignty1.4A summary and overviewBibliography
Chapter 2: Making sense of sovereignty, parliamentary sovereignty and the 'rule of the recognised helm'2.1The five principles of the meaning of sovereignty2.2The meaning of Parliamentary sovereignty: the right to make or unmake any law2.3The meaning of Parliamentary sovereignty: the 'rule of recognition'2.4The meaning of Parliamentary sovereignty: the 'rule of recognition' and the contemporary British state2.5The meaning of Parliamentary sovereignty: the 'rule of recognition'and the common law2.6Political constitutionalism: returning to the rule of the recognised helmBibliography
Chapter 3: Eight historical constitutional forms - defining the rule of the present day 'recognised helm'3.1The making of the present: historical transitions in constitutional conventions and form3.1.1Constitutional form one: 'What the Crown-with-magnates enacts is law' (1200-1350)3.1.2Constitutional form two: 'What the Crown-with-Commons enacts is law' (1350-1532)3.1.3Constitutional form three: 'What the Crown-through-Parliament enacts is law' (1533-1602)3.1.4Constitutional form four: 'What the Crown-with-disputed Parliament enacts is law' (1603-1687)3.1.5Constitutional form five: 'What the Crown-in-regulating Parliament enacts is law' (1688-1689)3.1.6Constitutional form six: 'What the Crown-in-mixed constitutional Parliament enacts is law' (1690-1790s)3.1.7Constitutional form seven: 'What the Crown-in-Parliamentary Cabinet enacts is law' (1800-1972)3.1.8Constitutional form eight: 'What the Crown-through-Parliamentary political elite with external bodies enacts is law' (1973-present)3.2The making of the recognised helm: placing present hands on the wheelBibliography
Chapter 4: Parliamentary sovereignty, the precedent of the mixed
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constitutional model and the UK's membership of the EU4.1Parliamentary sovereignty and the historical mixed constitution4.2Parliamentary sovereignty and the contemporary mixed constitution4.3Parliamentary sovereignty and the contemporary mixed constitution under EU membership: the case of the Financial Transactions Tax (FTT)4.3.1Changing the inter-related pragmatically organised, partial separation of powers4.3.2Judicialisation of the parliament-sanctioned executive4.3.3EU cooperation, indirect taxation and the absence of parliamentary consent4.3.4The rule of the recognised helm preserved?4.3.5Fracturing executive-legislative relations and opening the door to parliamentary and popular political campaigns4.3.6Tax-collecting powers diluting mixed government: the role of non Westminster-delegated authority4.4ConclusionBibliography
Chapter 5: Parliamentary sovereignty, collective representation and EU membership5.1Parliamentary sovereignty and historical collective representation by Parliament5.2Parliamentary sovereignty and contemporary collective representation by Parliament5.2.1The challenge of popular sovereignty approaches to representation5.2.2The challenge of the traditional party government model5.3Parliamentary sovereignty, collective representation and EU membership: the case of the Working Time Directive5.3.1Impacting on the UK's social and employment law and the UK constitution5.3.2Westminster's collective representation versus neo-corporatist, functional representation5.3.3Supranationalist representation5.3.4Representation through constitutionalisation5.3.5Competitive partisanship and party government5.4ConclusionBibliography
Chapter 6: Parliamentary sovereignty, the EU free movement of persons and the precedent of fundamental rights provision6.1Parliamentary sovereignty and historical fundamental rights provision6.2Parliamentary sovereignty and contemporary fundamental rights provision6.2.1Constitutional state theory and the entrenchment of codified rights6.2.2From Treaty- to Convention- to EU-rights: claimable legal rights preceding parliamentary sovereignty6.2.3Common law constitutionalism and the entrenchment of rights6.2.4Political constitutionalism: a response to constitutional state theory and common law constitutionalism6.2.5The shared deferral approach to fundamental rights6.2.6Democratic parliamentary majorities as guarantors of fundamental rights and parliamentary sovereignty6.3Parliamentary sovereignty and rights provision under EU membership: the free movement of persons6.3.1The right to freedom of movement of persons - the qualifications6.3.2The impact of the EU right to free movement upon the UK's historical fundamental rights scheme6.3.3The judicialisation of the freedom of movement of persons6.3.4The non-negotiable right and the 'fencing off' of politics6.3.5Parliamentary sovereignty and the shared responsibility for rights provision6.3.6Parliamentary sovereignty, the free movement of persons and the House of Commons majority6.4ConclusionBibliography
Chapter 7: A Great Resettlement? Parliamentary sovereignty after Brexit7.1Resettling the historical precedent of ultimate parliamentary decision-making power7.2The principle of consent: leaving the EU after the 2016 EU referendum7.3A resettlement of the UK's relationship to the EU?7.4Parliamentary sovereignty and resettling the contemporary power of Parliament7.4.1The ultimate decision-making power of Parliament over political decisions7.4.2Constitutional state theory, common law constitutionalism and the undermining of parliamentary decision-making power7.4.3Political constitutionalism: addressing the vacuum in explaining parliamentary power7.5Parliamentary sovereignty and resettling parliamentary power: the principle of leaving the EU after the 2016 EU referendum7.5.1Securing a 'meaningful vote' for MPs on the withdrawal agreement7.5.2Parliament voting down and refining the Prime Minister's deal7.5.3MPs as Motion-making, agenda-shapers: drafting meaningful motions, shaping future direction7.5.4Parliament holding the Government in contempt and protecting the 'will of parliament'7.5.5MPs' requesting a delay to Article 50 negotiations7.5.6Parliament preventing a No Deal Brexit7.6ConclusionBibliography
Chapter 5: Parliamentary sovereignty, collective representation and EU membership5.1Parliamentary sovereignty and historical collective representation by Parliament5.2Parliamentary sovereignty and contemporary collective representation by Parliament5.2.1The challenge of popular sovereignty approaches to representation5.2.2The challenge of the traditional party government model5.3Parliamentary sovereignty, collective representation and EU membership: the case of the Working Time Directive5.3.1Impacting on the UK's social and employment law and the UK constitution5.3.2Westminster's collective representation versus neo-corporatist, functional representation5.3.3Supranationalist representation5.3.4Representation through constitutionalisation5.3.5Competitive partisanship and party government5.4ConclusionBibliography
Chapter 6: Parliamentary sovereignty, the EU free movement of persons and the precedent of fundamental rights provision6.1Parliamentary sovereignty and historical fundamental rights provision6.2Parliamentary sovereignty and contemporary fundamental rights provision6.2.1Constitutional state theory and the entrenchment of codified rights6.2.2From Treaty- to Convention- to EU-rights: claimable legal rights preceding parliamentary sovereignty6.2.3Common law constitutionalism and the entrenchment of rights6.2.4Political constitutionalism: a response to constitutional state theory and common law constitutionalism6.2.5The shared deferral approach to fundamental rights6.2.6Democratic parliamentary majorities as guarantors of fundamental rights and parliamentary sovereignty6.3Parliamentary sovereignty and rights provision under EU membership: the free movement of persons6.3.1The right to freedom of movement of persons - the qualifications6.3.2The impact of the EU right to free movement upon the UK's historical fundamental rights scheme6.3.3The judicialisation of the freedom of movement of persons6.3.4The non-negotiable right and the 'fencing off' of politics6.3.5Parliamentary sovereignty and the shared responsibility for rights provision6.3.6Parliamentary sovereignty, the free movement of persons and the House of Commons majority6.4ConclusionBibliography
Chapter 7: A Great Resettlement? Parliamentary sovereignty after Brexit7.1Resettling the historical precedent of ultimate parliamentary decision-making power7.2The principle of consent: leaving the EU after the 2016 EU referendum7.3A resettlement of the UK's relationship to the EU?7.4Parliamentary sovereignty and resettling the contemporary power of Parliament7.4.1The ultimate decision-making power of Parliament over political decisions7.4.2Constitutional state theory, common law constitutionalism and the undermining of parliamentary decision-making power7.4.3Political constitutionalism: addressing the vacuum in explaining parliamentary power7.5Parliamentary sovereignty and resettling parliamentary power: the principle of leaving the EU after the 2016 EU referendum7.5.1Securing a 'meaningful vote' for MPs on the withdrawal agreement7.5.2Parliament voting down and refining the Prime Minister's deal7.5.3MPs as Motion-making, agenda-shapers: drafting meaningful motions, shaping future direction7.5.4Parliament holding the Government in contempt and protecting the 'will of parliament'7.5.5MPs' requesting a delay to Article 50 negotiations7.5.6Parliament preventing a No Deal Brexit7.6ConclusionBibliography
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Autoren-Porträt von Jim McConalogue
Jim McConalogue is a former senior parliamentary advisor to an MP in the House of Commons.
Bibliographische Angaben
- Autor: Jim McConalogue
- 2019, 1st ed. 2020, XV, 291 Seiten, Maße: 14,9 x 21,5 cm, Gebunden, Englisch
- Verlag: Springer, Berlin
- ISBN-10: 3030252892
- ISBN-13: 9783030252892
Sprache:
Englisch
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