Parliament and the Law by Alexander Horne | 2013

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Parliament and the Law

Author Alexander Horne, Gavin Drewry, Dawn Oliver
Publication Date 2013
ISBN 9781849462952
Format Hardcover
Publisher Oxford: Hart Publishing


With a Foreword by Sir Ross Cranston, Parliament and the Law is an edited collection of articles sponsored by the Study of Parliament Group and authored by notable constitutional lawyers, practitioners, and parliamentary officials (a Justice of the High Court and former Solicitor-General).

Parliament and the Law examines how recent changes to our constitutional arrangements (in particular, the Human Rights Act, the introduction of a Supreme Court, and increased devolution) have impacted Parliament as an institution. The operation of parliamentary privilege in civil and criminal law (examining recent examples of'super injunctions' and Members' expenses); the powers of Parliament's Select Committees; and the work of Parliament's 'watchdog' Committees: the Joint Committee on Human Rights and the House of Lords Constitution Committee are all discussed. It explores the impact of the Freedom of Information Act on Parliament. It also addresses reasons for and against the preservation of the theory of Parliamentary sovereignty, as well as arguments in favour of a new Bill of Rights for the United Kingdom.

The book is intended for legal scholars, practitioners, political scientists, legislators and parliamentary officials, as well as others who are interested in the relationship between Parliament and the law.

"This book, published under the auspices of the Study of Parliament Group, is very much to be welcomed. The editors are to be applauded for their initiative [and] the various authors have a profound knowledge of Parliament's operation. The essays are a mine of information. For that reason the chapters will prove a springboard for further analysis. But the book is more than that because it raises some profound issues about Parliament's future and its relationship with other institutions of the state. Those in Parliament, whether as Members or officials, and those interested in Parliament, such as academics, public officials (including, dare I say judges), and many others besides, will all learn from it."
From the Foreword by Sir Ross Cranston FBA

TABLE OF CONTENTS of Parliament and the Law

Part I: Privilege and Conduct
1. Privilege, Exclusive Cognisance and the Law
Liam Laurence Smyth
2. Privilege and Freedom of Speech
Oonagh Gay and Hugh Tomlinson QC
3. Parliamentary Privilege and the Criminal Law
Sally Lipscombe and Alexander Horne
4. The Law and Conduct of Members of Parliament
Richard Kelly and Matthew Hamlyn

Part II: Parliament: Internal Arrangements
5. Legal Advice to Parliament
Andrew Kennon
6. Freedom of Information and Parliament
Ben Worthy
7. Select Committees: Powers and Functions
Richard Kelly
8. The Impact of Devolution on the UK Parliament
John McEldowney

Part III: Rights, the Constitution and the Legal System
9. The Joint Committee on Human Rights
Murray Hunt
10. From the Human Rights Act to a Bill of Rights?
Alexander Horne and Lucinda Maer
11. The House of Lords Select Committee on the Constitution
Andrew Le Sueur and Jack Simson Caird
12. Parliament and the Courts: A Pragmatic (or Principled) Defence of the Sovereignty of Parliament
Dawn Oliver
13. Parliamentary Accountability for the Administration of Justice
Gavin Drewry

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