Table of contents for Constitutional law, administrative law, and human rights : a critical introduction / Ian Loveland.

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Preface to the fourth edition v
Table of statutes xix
Table of treaties and agreements xx
List of cases xxi
 defining the constitution? 1
 The meaning(s) of `democracy'? 
 The first `modern' constitution? 
 The problem – majoritarianism 
 The solutions – representative government, federalism, a separation of powers, and supra-legislative `fundamental' rights 
 parliamentary sovereignty 21
 Pre-1688 – natural or divine law 
 The Diceyan (or orthodox) theory 
 The political source of parliamentary sovereignty – the `Glorious Revolution' 
 Legal authority for the principle of parliamentary sovereignty 
 Substance or procedure? The enrolled bill rule 
 The doctrine of implied repeal 
 Inconsistency with international law 
 Entrenching legislation – challenges to the orthodox position 
 Jennings' critique and the `rule of recognition' 
 Is parliamentary sovereignty a British or English concept? 
 Women's enfranchisement 
 the rule of law and the separation of powers 56
 The Diceyan perspective: the rule of law in the pre-welfare state 
 Entick v Carrington 
 Dicey's rule of law – process or substance? 
 The `independence of the judiciary' 
 The rule of law in the welfare state 
 Hayek – the road to serfdom 
 Jones – the rule of law in the welfare state 
 Judicial regulation of government behaviour: the constitutional rationale 
 Principles of statutory interpretation 
 Liversidge v Anderson 
 R v IRC, ex p Rossminster Ltd 
 Stare decisis 
 Parliamentary sovereignty v the rule of law 
 Ouster clauses – Gilmore and Anisminic 
 Retrospective law-making 
 Retrospectivity in legislation – the War Damage Act 1965 
 Retrospectivity at common law? Rape within marriage 
 the royal prerogative 94
 The source of prerogative powers 
 Post 1688 – the revolutionary settlement 
 The relationship between statute, the prerogative and the rule of law 
 A-G v De Keyser's Royal Hotel Ltd 
 Fitzgerald v Muldoon 
 Laker Airways Ltd v Department of Trade 
 R v Secretary of State for the Home Department, ex p Fire Brigades Union 
 The traditional perspective on judicial review of prerogative powers: and its erosion 
 Developments in the 1960s and 1970s 
 Full reviewability – the GCHQ case 
 Post-GCHQ developments 
 R v Secretary of State for the Home Department, ex p Northumbria Police Authority 
 Foreign affairs? 
 Excluded categories: a shrinking list? 
 `Justiciability' revisited – are all statutory powers subject to full review? 
 the house of commons 128
 Crown and Commons – the original intent and the subsequent rise of `party' politics 
 The fusion of powers, the rise of the party system and Cabinet dominance of the Commons 
 Setting the context 
 The sources of the Commons' procedural rules 
 The Speaker 
 The passage of legislation 
 The second reading 
 Standing committees 
 Report and third reading 
 Private member's Bills 
 Private Bills 
 Hybrid Bills 
 Delegated legislation 
 `Henry VIII clauses' 
 Controlling the executive 
 Motions on the floor of the house 
 Emergency debates and adjournment debates 
 Questions to Ministers 
 Prime Ministerial accountability on the floor of the house 
 Early Day Motions 
 Questions for written answer 
 Informal processes 
 The departmental select committee system 
 the house of lords 172
 Bicameral legislatures: a functionalist justification 
 The historical background 
 Co-equality to complementarity: a conventional change 
 Lloyd George and the `People's Budget' 
 The Parliament Act 1911 
 The Salisbury Doctrine and the Parliament Act 1949 
 The House of Lords in the modern era 
 Life Peerages 
 The 1968 reforms 
 The 1974–1979 Parliament 
 The House of Lords and the Thatcher governments 
 The work of the House of Lords today 
 Revision of legislation 
 Control of delegated legislation 
 Scrutiny of the executive 
 The 1999 reforms 
 The `reformed' House of Lords 
 The recommendations of the Wakeham Commission 
 The 2001 White Paper 
 One Parliament or three: Jackson v Attorney-General 
 the electoral system 221
 The evolution of a `democratic' electoral system? 
 The Great Reform Act 1832 
 Chartism and the pursuit of a `democratic' electoral system 
 The 1867–1884 reforms: towards a universal `right' to vote and a `fair' electoral contest 
 Gender discrimination: women's right to vote 
 The contemporary electoral process 
 Apportionment – drawing constituency boundaries 
 The contents and conduct of election campaigns 
 Counting the vote 
 parliamentary privilege 264
 Article 9 of the Bill of Rights 1689 
 The admission, retention and expulsion of members 
 Ashby v White revisited 
 Paty's Case 
 John Wilkes 
 Charles Bradlaugh 
 Freedom from imprisonment, arrest and molestation 
 The principle of informed consent? 
 The justiciability of `proceedings in parliament' 
 Actions in defamation 
 What are `proceedings in Parliament'? 
 `Redefining Parliament' – Pepper v Hart 
 `Contempt' of the House 
 The 1967 report of the Privileges Committee 
 The regulation of MPs' ethical standards 
 The Register of Members' Interests 
 `Cash for questions' and the report of the Nolan Commission 
 The Defamation Act 1996 s 13 and the Hamilton libel actions 
 constitutional conventions 303
 The Diceyan perspective – laws and conventions distinguished 
 The functions and sources of conventions 
 Collective ministerial responsibility 
 The Monarch 
 The Australian crisis of 1975 
 Collective ministerial responsibility revisited: from Cabinet to Prime Ministerial government . . .? 
 . . . and back again? 
 Individual ministerial responsibility 
 Issues of competence 
 Errors of judgment 
 Issues of morality 
 Reforming the executive: 1 – the Parliamentary Commissioner for Administration 
 Reforming the executive: 2 – `Next Steps' and privatisation 
 Can conventions become laws?: patriating the Canadian Constitution 
 Patriating the Canadian Constitution 
 From ministerial responsibility to ministerial accountability? The Matrix-Churchill controversy 
Conclusion – the conventional basis of parliamentary sovereignty? 
 local government – i: conventional pluralism? 349
 Localism, tradition and the `modernisation' of local government 
 The Municipal Corporations Act 1835 
 Local government's constitutional status in the early twentieth century – law and convention 
 The physical boundaries of local authorities 
 Taxation and representation: the fiscal autonomy of local government 
 The role of the judiciary 
 Council housing 
 The emergence of comprehensive education 
 local government – 2: legal authoritarianism? 375
 `Authoritarian populism' – the ideological agenda of the Thatcher governments 
 Financial `reform' 1: Grant penalties and ratecapping 
 Collective politics and individual rights: the judicial role 
 `Fares Fair': Bromley London Borough Council v Greater London Council 
 Wheeler v Leicester City Council 
 R v Lewisham London Borough Council, ex p Shell UK Ltd 
 Section 17 of the Local Government Act 1988 
 Institutional and ideological reform 
 The abolition of the GLC and the metropolitan counties 
 Privatising local government 
 The Widdicombe Report 
 Housing – individuated and collective privatisation 
 The management of state schools 
 Financial `reform' 2: The Community Charge 
 A step too far? The demise of the poll tax 
 The Blair government's reforms 
 The Local Government Acts 1999 and 2000 
 The governance of London 
Conclusion – from ambivalence to intolerance? 
 the european economic community 1957–1986 409
 The Treaty of Rome 1: Founding principles 
 The types of EEC law and law-making processes 
 The status of EC law within the legal systems of the Member States 
 Questions of accessibility 1: the `direct effect' of Treaty articles 
 Questions of hierarchy 1: the `precedence' or `supremacy' of Treaty articles over domestic legislation 
 Laws, conventions and `ultimate political facts': the `empty chair crisis' and the Luxembourg Accords 
 Questions of accessibility and hierarchy 2: The direct effect and precedence of decisions, regulations and directives 
 Member State judicial reaction to the direct effect and precedence of EEC law 
 United Kingdom accession 
 EEC membership and parliamentary sovereignty: the legislators' views – and their votes 
 The European Communities Act 1972 – the passage 
 The European Communities Act 1972 – the terms 
 Parliamentary sovereignty: a non-justiciable concept? 
 The 1975 referendum 
 The Treaty of Rome 2: precedence and direct effect revisited 
 Confirming the direct effect of directives 
 The horizontal direct effect of Treaty articles – Walrave v Koch 
 The justiciability test and the horizontal direct effect principle reaffirmed and expanded – Defrenne v SABENA 
 Immediate precedence: Simmenthal 
 Effet utile before the Conseil D'Etat: the Cohn-Bendit controversy 
 EEC Law, parliamentary sovereignty and the UK courts: phase one 
 The end of the doctrine of implied repeal? Macarthys v Smith 
 A matter of interpretation? Garland v British Rail Engineering Ltd 
 Direct effect – the saga continues 
 The horizontal and vertical direct effect of directives? Marshall v Southampton and South West Hampshire Area Health Authority 
 Making sense of Marshall? The emergence of `indirect effect' 
 An analytical overview: `normative' and `decisional' supra-nationalism 
 The reduction of the `democratic deficit' and the emergence of human rights as general principles of EEC law 
 the european community after the single european act 466
 The Single European Act the terms 
 Reducing the democratic deficit – Treaty amendment 
 Domestic disquiet: Margaret Thatcher's Bruges speech 
 Normative supra-nationalism – the ECJ continues 
 The `indirect effect' of directives – continued 
 Reducing the democratic deficit: judicial initiatives 
 EC Law, parliamentary sovereignty and the UK courts: phase two 
 Duke v GEC Reliance Ltd 
 Pickstone v Freemans 
 Litster v Forth Dry Dock and Engineering Co Ltd 
 Pickstone and Litster – usurping the legislative function? 
 The end of parliamentary sovereignty: Or its reappearance? 
 The demise of the legal doctrine? Factortame 
 The reappearance of the political doctrine? Monetary union, collective ministerial responsibility and the fall of Margaret Thatcher 
 The Francovich remedy 
 Maastricht and Amsterdam 
 The terms of the Maastricht Treaty 
 The ratification and incorporation of the Maastricht Treaty 
 The Treaty of Amsterdam 
 substantive grounds of judicial review: illegality, irrationality and proportionality 503
 Excess of powers 
 Unlawful delegation of powers 
 Fettering of discretion 
 Proportionality – a new ground of review? 
 procedural grounds of judicial review 535
 Audi alterem partem – the right to a fair hearing 
 The initial rise, dilution and fall of the audi alterem partem principle 
 The re-emergence of the principle? Ridge v Baldwin 
 The emergence of the procedural fairness doctrine and the appearance of the legitimate expectation 
 Legitimate expectation – an entitlement to a procedural benefit or substantive benefit? 
 The content of procedural fairness – legal representation and an obligation to give reasons for decisions 
 The rule against bias 
 Direct financial interests 
 Indirect financial interests – a mere suspicion or a real likelihood of bias? 
 Clarifying the law? The Gough formulae 
 Ideological bias in `judicial' decisions 
 Further clarifying the law? The Porter v Magill formula 
 Bias in non-judicial proceedings 
 the application for judicial review 574
 The turning point? Barnard v National Dock Labour Board 
 The Order 53 reforms 
 The initial Order 53 case law 
 O'Reilly v Mackman 
 Exceptions to the general principle? 
 The post-O'Reilly case law 
 The flip side of the O'Reilly coin 
 A `nature' not `source' of power test – the Datafin, Aga Khan and Wachmann decisions 
 Retreating from O'Reilly? The Roy case 
 Public law principle as a defence in criminal proceedings 
 locus standi 601
 The `old' case law 
 Declaration and injunction – a restrictive test? 
 Certiorari and prohibition – an expansive test? 
 Mandamus – broad or narrow test? 
 Section 31(3) of the Supreme Court Act 1981 and the Inland Revenue Commissioners case 
 Standing in the private law stream 
 Post-IRC developments 
 `Representative standing' 
 human rights and civil liberties 1: traditional perspectives 625
 Public protest and public order 
 The classic dilemma – Beatty v Gillbanks 
 The Public Order Act 1936 
 The Public Order Act 1986 
 Speech and communication 
 Sado-masochistic sexual behaviour 
 Freedom of speech 
 Official secrecy 
 The Official Secrets Act 1989 
 Contempt of court 
 Political libels 
 human rights and civil liberties ii: emergent principles 658
 The European Convention on Human Rights – introductory principles 
 Institutional and jurisdictional issues 
 The jurisprudential methodology of the Convention 
 The initial status of the ECHR in domestic law 
 Political responses – why did Parliament not incorporate the ECHR? 
 Legal responses – the ECHR as a source of principle at common law 
 The impact of the ECHR on domestic law 1: privacy 
 Speech and communication 
 Sado-masochistic sexual behaviour 
 The impact of the ECHR on domestic law 2: freedom of expression 
 Official secrecy 
 Political libels 
 Contempt of court 
 human rights and civil liberties iii: new substantive grounds of review 690
 Judicial incorporation of the Convention 
 The Convention in domestic law 
 The (re-)emergence and consolidation of fundamental human rights as an indigenous principle of common law 
 Derbyshire County Council v Times Newspapers Ltd in the House of Lords 
 R v Secretary of State for the Home Department, ex p Leech 
 R v Secretary of State for Social Security, ex p Joint Council for the Welfare of Immigrants 
 The `judicial supremacism' controversy 
 Judgments of the ECJ and the ECtHR 
 Judgments in domestic courts on immigration policies 
 A judicial response 
 Lord Mustill's analysis 
 human rights and civil liberties iv: the human rights act 1998 712
 The terms of the Act 
 An incorporation of fundamental rights? 
 Section 3 – new rules of statutory interpretation? 
 Section 4 – the `Declaration of Incompatibility 
 Section 6 – the reach of the Act: vertical (and horizontal?) direct effect 
 A special status for churches and the press? 
 Questions of procedure 
 On the separation of powers 
 Political entrenchment? A new `rights' culture within government and Parliament 
 The initial impact of the Human Rights Act 
 The approach to statutory interpretation mandated by s 3 and the use of declarations of incompatibility 
 The notion of `deference' to legislative judgment 
 The horizontality of the Act 
 Proportionality as a ground of review of executive action 
 scots and welsh devolution 764
 The Scotland Act 1978 and the Wales Act 1978 
 The Scotland Act 1998 
 The terms of the Act 
 The first Scottish Parliament and government 
 The Government of Wales Act 1998 
 conclusion – entrenchment of fundamental law revisited 785
 Issues of legality and legitimacy 
 Questions of legitimacy 
Bibliography 797
Index 000

Library of Congress Subject Headings for this publication:

Constitutional law.
Administrative law.
Human rights.
Constitutional law -- Great Britain.