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These essays are concerned with the legal and constitutional issues surrounding the Pinochet case and are aimed at all those, whether lawyers or non-lawyers, with an interest in the House of Lords' decisions and their implications. The Introduction provides a calendar of events and considers the interaction between the courts and Home Secretary in the extradition process. Thereafter, the book is divided into two parts. The first consists of three related essays, which critically assess the suitability of the House of Lords, in the light of Pinochet, as the final court of appeal for constitutional and political cases, its decision on the 'Hoffmann question', and, in this context, its failure to take account of the jurisprudence of the ECHR. Part Two also consists of three essays. These are concerned with the wider, international implications. They consider the concept of justice in relation to Pinochet, the internationalisation of criminal justice and its conflict with the freedom of states to grant national amnesties, and the decision of the House of Lords to refuse Pinochet, as a former head of state, immunity from prosecution. The three House of Lords judgments on Pinochet are included in an Annex to the essays, enabling the reader to make instance reference to the cases.
The importance of good administration is frequetly stressed by politicians, civil servants and judges. This book examines the concept against a background of extensive civil service reform, an increasingly interventionist judiciary, and exceptional executive/judicial tension. It looks at administrative and judicial perspectives, arguing that a public service model of good administration is giving way to a new public management model which supports different principles.It suggests that in many respects these principles, based on value for money and competition, sit uncomfortably with in the public sector and at times conflict with the principles upheld by the courts which have more in common woth a public service model. It concludes that now, more than ever, a Code of Good Administration is required. Such a Code would protect essential principles, enhance the constitutional authority of the courts with regard to judicial review, and, working alongside the Citizen's Charter, provide a blueprint for expected administrative standards within the civil service and beyond.
In constitutional theory the convention of individual ministerial responsibility ensures the accountability of ministers to Parliament. In practice it is frequently used by government to limit rather than facilitate accountability. In this book Diana Woodhouse examines the divergence between theory and practice. She analyses the situations in which ministers resign, the effectivness of resignation as a means of accountability, and the abdication by ministers of responsibility. She also examines the powers and limitations of Select Committees, the effect of the new Next Steps Agencies on individual ministerial responsibility, and draws comparisons with mechanisms of accountability adopted by other countries operating under the Westminster system of government. The inclusion of detailed case studies of the resignations, actual and threatened, of Lord Carrington, Leon Brittan, Edwina Currie, David Mellor, James Prior, and Kenneth Baker make this book especially pertinent to our understanding of the current political scene and to recent institutional changes within Parliament and government. By highlighting the present deficiencies and possible future failing in public accountability Dr Woodhouse's study provides an essential complement to recent debates about constitutional reform.
The office of Lord Chancellor is one that has frequently been questioned. However,the extent and diversity of the questioning seldom attained the proportions reached in the final years of the twentieth century, when they drew attention to the deficiencies of the position of Lord Chancellor, the inherent tensions within that position and the incongruity of such a role in a modern democracy. This book examines these questions. It analyses the development and current position of the Lord Chancellor as head of the judiciary, member of the Cabinet, judge and Speaker in the House of Lords and considers his role in relation to judicial appointments. It also looks at the LCD, the development of which acts as an indicator of the changes in the office of Lord Chancellor. It concludes by making proposals for reform, the most far-reaching of which is the abolition of the office.
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