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Books > Law > Jurisprudence & general issues > Legal history
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What's Wrong with the British Constitution? (Hardcover)
Loot Price: R3,651
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What's Wrong with the British Constitution? (Hardcover)
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In this provocative new study, Iain McLean argues that the
traditional story of the British constitution does not make sense.
It purports to be both positive and normative: that is, to describe
both how people actually behave and how they ought to behave. In
fact, it fails to do either; it is not a correct description and it
has no persuasive force. The book goes on to offer a reasoned
alternative.
The position that still dominates the field of constitutional law
is that of parliamentary sovereignty (or supremacy). According to
this view, the supreme lawgiver in the United Kingdom is
Parliament. Some writers in this tradition go on to insist that
Parliament in turn derives its authority from the people, because
the people elect Parliament. An obvious problem with this view is
that Parliament, to a lawyer, comprises three houses: monarch,
Lords, and Commons. The people elect only one of those three
houses.
This book aims to show, contrary to the prevailing view, that the
UK exists by virtue of a constitutional contract between two
previously independent states. Professor McLean argues that the
work of the influential constitutional theorist A.V. Dicey has
little to offer those who really want to understand the nature of
the constitution. Instead, greater understanding can be gleaned
from considering the 'veto plays' and 'credible threats' available
to politicians since 1707. He suggests that the idea that the
people are sovereign dates back to the 17th century (maybe the 14th
in Scotland), but has gone underground in English constitutional
writing. He goes on to show that devolution and the UK's
relationship with the rest of Europe have taken the UK along a
constitutionalist road since 1972, and perhaps since 1920. He
concludes that no intellectually defensible case can be made for
retaining an unelected house of Parliament, an unelected head of
state, or an established church.
The book will be essential reading for political scientists,
constitutional lawyers, historians, and politicians alike.
General
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