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The Separation of Powers in the Contemporary Constitution - Judicial Competence and Independence in the United Kingdom (Hardcover, New)
Loot Price: R2,929
Discovery Miles 29 290
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The Separation of Powers in the Contemporary Constitution - Judicial Competence and Independence in the United Kingdom (Hardcover, New)
Expected to ship within 12 - 17 working days
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This book 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, arguably by contrast,
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.
For law and politics readers on constitutional reform globally.
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