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The Separation of Powers in the Contemporary Constitution

Judicial Competence and Independence in the United Kingdom

Roger Masterman author

Format:Hardback

Publisher:Cambridge University Press

Published:2nd Dec '10

Currently unavailable, and unfortunately no date known when it will be back

The Separation of Powers in the Contemporary Constitution cover

A 2010 analysis of the dividing lines between judicial, executive and legislative power in the United Kingdom constitution.

The Separation of Powers in the Contemporary Constitution examines the implications of two noted constitutional reforms: the Human Rights Act (1998) and the Constitutional Reform Act (2005). This 2010 book will appeal to lawyers and political scientists interested in the interplay between constitutional principle and legal doctrine in the contemporary constitution.In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

'Roger Masterman, of the law faculty at Durham, has produced an erudite treatise in the finest tradition of English legal scholarship, and one that, despite its thorough and detailed grounding in the intricacies of legal materials, should be perused by political scientists. (The notes alone, in fact, are a treasure trove).' Jerold Waltman, British Politics Group Quarterly

ISBN: 9780521493376

Dimensions: 229mm x 152mm x 21mm

Weight: 610g

298 pages