- •Ian McLeod
- •7Th March [1991] 532
- •XXXIV Table of Cases
- •Interact with constitutional concerns.
- •1688 Conceded power to Parliament and is effectively appointed by
- •Independence, legislators, like judges, could claim to be insulated from
- •In its ideal form, treats all persons equally and releases the individual
- •Ireland. Until the Union with Ireland in 1801, Britain was a state, as
- •Incommensurables are the two freedoms identified by Sir Isaiah Berlin
- •Vices and the regulation of private activities.
- •22 General Principles of Constitutional and Administrative Law
- •26 General Principles of Constitutional and Administrative Law
- •Ing laws (Postema 1986, p. 46).
- •Idea which Hegel (1770–1831) ridiculed on the ground that the people
- •2.5 Rousseau: Communitarianism
- •Irrelevant (a view that is problematic when it comes to voting). This
- •36 General Principles of Constitutional and Administrative Law
- •3 All er 400 at 412, Lord Hoffman remarked that ‘the courts of the
- •Views of each state within the federation. In the uk any constitutional
- •Its actual output happens to have put great stress on individual rights
- •In the Ministerial Code (Cabinet Office, July 2001) may well furnish an
- •50 General Principles of Constitutional and Administrative Law
- •52 General Principles of Constitutional and Administrative Law
- •It is arguable that the cabinet has ceased to play a significant con-
- •56 General Principles of Constitutional and Administrative Law
- •Importance of constitutional checks and balances. From this perspec-
- •Individually responsible to Parliament and that Parliament must be
- •70 General Principles of Constitutional and Administrative Law
- •In the nineteenth century Bagehot claimed that the cabinet was the
- •2000A), recommended that the civil service be placed on a statutory
- •4.10 The Judiciary
- •4.2 The historical development of the constitution has been evolutionary in
- •Into line where rules are enforced in accordance with a predictable
- •5.4 Dicey’s Version of the Rule of Law
- •In body or goods except for a distinct breach of law established in the
- •Value of non-retrospectivity.
- •5.7 The Separation of Powers
- •5.7.1 The mixed constitution
- •In X Ltd V. Morgan Grampian Publishers Ltd [1990] 2 All er 1 at 13
- •Ing out of opinion within the legal profession (Judicial Appointments,
- •Ing, characteristically out of particular historical circumstances.
- •Independence could be compromised by a narrow ‘executive-centred’
- •114 General Principles of Constitutional and Administrative Law
- •It can dismiss superior court judges (Chapter 4).
- •Into account extra parliamentary remarks made by ministers, in for
- •3 All er 65 at 77–79; r. V. Khan (1996)). The courts will certainly take a
- •6.2 Historical Development
- •124 General Principles of Constitutional and Administrative Law
- •Ishing itself, having first created a body with more limited powers.
- •6.8 Note: Delegated Legislation
- •Ing the nineteenth century. Also during the nineteenth century the
- •158 General Principles of Constitutional and Administrative Law
- •Includes a ‘Ministerial Code of Conduct’ (see sched. 4). The code
- •Ities in England and Wales.
- •168 General Principles of Constitutional and Administrative Law
- •In particular transport policy is specifically subject to central govern-
- •176 General Principles of Constitutional and Administrative Law
- •In one sense supported by dicta in Prescott V. Birmingham Corporation
- •View that the fiduciary duty implies that special weight must be given
- •178 General Principles of Constitutional and Administrative Law
- •Increasingly important in view of the flexible nature of judicial review
- •In police and judicial affairs. Matters relating to immigration and asy-
- •184 General Principles of Constitutional and Administrative Law
- •186 General Principles of Constitutional and Administrative Law
- •Increase in the powers of the European Assembly can be ratified by the
- •Implementing an ec Directive do not apply to future amendments of
- •Version to uk law, usually in the form of a statutory instrument (ibid.,
- •198 General Principles of Constitutional and Administrative Law
- •Interpret ‘so far as possible’ in the light of the aims and purposes of the
- •In English law, in the absence of bad faith, damages cannot normally
- •4 (1) (C) of the Act, which provides a defence to such an action where ‘the state
- •10 Parliament
- •10.1 Historical Development
- •Ing the constitution only because its members were easily corrupted by
- •214 General Principles of Constitutional and Administrative Law
- •Is dominated by government business. This is why Bagehot thought
- •Is that it acts as a revising chamber to scrutinise the detail of legislation
- •10.4.2 Composition and procedure: ‘exclusive cognisance’
- •Injunction (see hc 365, 1986–7). In Rivlin V. Bilankin (1953) a libellous
- •242 General Principles of Constitutional and Administrative Law
- •Vented ministers from sitting, and the uk Constitution would have
- •In a script other than roman, or containing words prohibited by the
- •In all the circumstances be taken to be at that time (a) resident there if
- •Vidual standing separately. The party list system is crude and has
- •In the case of a ‘money bill’ the Lords can delay only for one month
- •1957, Naa 1983 s. 1). The Comptroller is an Officer of the Commons
- •Independent bodies outside the central government.
- •X where another hospital has been closed?’. Conversely sycophantic
- •12.5.1 Scrutiny of delegated legislation
- •Inability of an individual mp to force disclosure of information. Early
- •In r. V. Preston [1993] 4 All er 638 at 663 Lord Mustill said ‘the
- •In each case she has a separate title and responsibilities. This is prob-
- •1936 (His Majesty’s Declaration of Abdication Act 1936). By conven-
- •In 1611 it was made clear that the King can legislate only within
- •Imply a power to tax directly or indirectly without very clear statutory
- •In Council relating to the civil service are legally enforceable, whereas
- •Industry was held to be bound by a statute regulating the licensing of
- •It, arguing that the decision is an unprecedented example of the courts
- •1997 S. 9; Intelligence Services Act 1994 s. 2; National Minimum Wages
- •In theory the prime minister may appoint anyone to the cabinet, but in
- •Is maintained by the Treasury. In cases of doubt the Attorney-General
- •324 General Principles of Constitutional and Administrative Law
- •1. Ministers of the Crown are expected to behave according to the high-
- •Is that it ensures that government explains its actions. It concluded that
- •Ing adverse publicity about his private life). Even in cases of personal
- •V. R. (1896)). This is consistent with the view that there is no contract.
- •In recent years concern has been expressed because of their involve-
- •View that there should be no distinction between the constitutional
- •Immunities and this may also apply to police officers while on duties on
- •Inquiry (s. 49). For example the Macpherson Inquiry into the death
- •In the relevant statute (for example the Attorney-General, or a speci-
- •356 General Principles of Constitutional and Administrative Law
- •Interfere with a decision to ban active homosexuals from serving in the
- •380 General Principles of Constitutional and Administrative Law
- •384 General Principles of Constitutional and Administrative Law
- •Vention’ (per Lord Phillips mr in r. (Mahmood) V. Secretary of State
- •Itself and not merely an instrument of effective decision making.
- •In order to define the limits of judicial review. This excluded natural
- •Into most areas of government, including for example prison manage-
- •259 That justice must not only be done but must manifestly and
- •396 General Principles of Constitutional and Administrative Law
- •Investigation more flexible than those of the courts but has limited
- •17.1 The Range of Remedies
- •17.2 The Judicial Review Procedure
- •408 General Principles of Constitutional and Administrative Law
- •17.2.1 Standing
- •Ise (r. V. Pollution Inspectorate ex parte Greenpeace (No. 2) (1994)).
- •V. Home Office (1990); r. V. Legal Aid Board ex parte Donn & Co.
- •In Cocks V. Thanet dc (1983) the House of Lords applied o’Reilly to
- •Important interests go beyond legal rules into territory where judges
- •424 General Principles of Constitutional and Administrative Law
- •469 At 477, Lord Donaldson said that ‘you have to look long and hard
- •Informed promptly of the reasons for the arrest and be brought
- •18.4.2 The interpretative obligation
- •8). However, it is not clear how far, if at all, it goes beyond the existing
- •577 At 581, Lord Slynn remarked that ‘it is clear that the 1998 Act
- •440 General Principles of Constitutional and Administrative Law
- •18.4.9 Derogation
- •Introduction of judicial consent for extended periods of detention
- •Vides a means to the end of self-actualisation. This argument has been
- •View that coheres with the thinking of the late Professor Karl Popper
- •V. Holmes (2000) a newspaper was permitted to publish a report on the
- •It is sometimes argued that s. 12 has the effect of privileging freedom
- •Ireland (1992) the Irish government banned a voluntary body from
- •Voluntarily and there seems no reason why these should be especially
- •International Convention on the Elimination of All Forms of Racial
- •Important. A similar distinction is drawn in us law between the
- •It has been held that under Art. 11 states should take positive
- •Intimidation, including conditions as to the route of the procession
- •478 General Principles of Constitutional and Administrative Law
- •Ings because of its broad definition of terrorism. This includes the use
- •480 General Principles of Constitutional and Administrative Law
- •In Sunday Business. In the article it was stated that the plaintiff ’s
- •In order to protect at least some privacy-related interests unprotected
- •506 General Principles of Constitutional and Administrative Law
- •20.7 A Hierarchy of Rights and the Contingencies
- •510 General Principles of Constitutional and Administrative Law
- •Ings of an experienced trial judge, the same confidence does not extend
- •21.4.3 Proprieties: sections 2, 3
- •Is no locality condition. If the object is to apprehend someone unlaw-
- •In relation to the need for reasonable suspicion, there is no
- •Information available, upon which to make his suspicion reasonable,
- •530 General Principles of Constitutional and Administrative Law
- •Interest in effective policing and the individual’s right to privacy and
- •Ing documents should be attempted before the issue of a warrant
- •538 General Principles of Constitutional and Administrative Law
- •Items subject to legal privilege are, except as regards items held
- •540 General Principles of Constitutional and Administrative Law
- •1913). The conditions here are that there exist reasonable grounds for
- •If it is a search warrant (and not a production order) which is
- •It clear that such force can be used to secure entry to premises when
- •546 General Principles of Constitutional and Administrative Law
- •Interests of the United Kingdom. Nor does the duty to conform or
- •V. Evans (1985)). In Spycatcher, serious iniquity was not established
- •Information supplied under a legal duty had to be disclosed), economic-
- •Vention of crime but subject to the existence of independent safe-
- •22.5 Dan, a property developer, enters into an agreement with Oldcastle Council
- •580 Bibliography
- •Initiative in a public law Frame’, Public Law, 288–307.
- •In the civil law of defamation’, Communications Law, 1(5), 193–197.
- •2Nd edn, London: Cavendish.
580 Bibliography
Feldman, D. (1993) Civil Liberties and Human Rights in England and Wales, Oxford:
Oxford University Press.
Feldman, D. (1994) ‘Discretion, choices and values’, Public Law, 279–293.
Feldman, D. (1997) ‘The developing scope of Article 8 of the European Convention on
Human Rights’, European Human Rights Law Review, 3, 265–274.
Feldman, D (1999a) ‘Human dignity as a legal value, Part 1’, Public Law, 61, 682–702.
Feldman, D. (1999b) ‘The Human Rights Act 1998 and constitutional principles’, Legal
Studies, 19, 165–206.
Feldman, D. (2000) ‘Human dignity as a legal value, Part II’, Public Law, 62, 61–76.
Fenwick, H. and Phillipson, G. (1996) ‘Confidence and privacy: a re-examination’,
Cambridge Law Journal, 55(3), 447–455.
Finer, F., Bogdanor, V. and Rudden, B. (1995) Comparing Constitutions, Oxford:
Clarendon Press.
Fish, S. (1994) There’s No Such Thing As Free Speech And It’s a Good Thing Too,
New York and Oxford: Oxford University Press.
Fleming, J.G. (1998) The Law of Torts, 9th edn, North Ryde, New South Wales: LBC
Information Services.
Ford, R. (1999) ‘Human rights in the UK: some lessons from Canada’, Statute Law
Review, 20(3), 251–261.
Forsythe, C. (1996) ‘Of fig leaves and fairy tales: the ultra vires doctrine, the
sovereignty of Parliament and judicial review’, Cambridge Law Journal, 55(1),
122–140.
Forsythe, C., Hare, I. and Wade, Sir W. (eds) (1998) The Golden Metwand and the
Crooked Cord, Essays in Public Law in Honour of Sir William Wade, Oxford:
Clarendon Press.
Fredman, S. and Morris, G. (1994) ‘The costs of exclusivity: public and private re-
examined’, Public Law, 69–85.
Freeden, M. (1991) Rights, Milton Keynes: Open University Press.
Freedland, M. (1994) ‘Government by contract and public law’, Public Law, 86–104.
Freedland, M. (1996) ‘The rule against delegation and the Carltona doctrine in an
agency context’, Public Law, 19–30.
Freedland, M. (1998) ‘Public and private finance – placing the private finance
Initiative in a public law Frame’, Public Law, 288–307.
Freeman, S. (1990) ‘Constitutional democracy and the legitimacy of judicial review’,
Law and Philosophy, 9, 327–370.
Fuller, L. (1969) The Morality of Law, revised edn, New Haven: Yale University Press.
Ganz, G. (1990) ‘The depoliticisation of local authorities. The Local Government and
Housing Act 1989, Part 1’, Public Law, 224–242.
Gay, O. (2001) ‘What’s in a name? Political Parties, Lists and Candidates in the United
Kingdom’, Public Law, 245–255.
Gay, O. and Winitrobe, B. (1997) ‘Putting out the Writs’, Public Law, 385–393.
Gearty, C. and Tomkins, A. (eds) (1996) Understanding Human Rights, New York:
Mansell.
Gibbons, T. (1996) ‘Defamation reconsidered’, Oxford Journal of Legal Studies, 16(4),
587–615.
Giddings, P. and Drewry, G. (1996) Westminster and Europe: The Impact of the
European Union on the Westminster Parliament, A Study of Parliament Group,
Basingstoke: Macmillan.
Graber, C. and Teubner, G. (1998) ‘Art and money: constitutional rights in the private
sphere?’, Oxford Journal of Legal Studies, 18, 61–73.
Graham, C. (2000) Regulating Public Utilities: A Legal and Constitutional Approach,
Oxford: Hart Publishers.
Gray, J. (1993) Post-Liberalism: Studies in Political Thought, London: Routledge.
Great Britain Treasury (1989) Government Accounting: A Guide on Accounting and
Financial Procedures for the Use of Government Departments, 4th edn, London:
HMSO.
581
Bibliography
Greenawalt, K. (1989) ‘Free speech justifications’, Columbia Law Review, 89(1),
119–155.
Griffiths, J. (1979) ‘The political constitution’, Modern Law Review, 42(1), 1–21.
Griffiths, J. (2001) ‘The common law and the political constitution’, Law Quarterly
Review, 117, 42–67.
Griffiths, J. and Ryle, M. (1989) Parliament: Functions, Practices and Procedures,
London: Sweet & Maxwell.
Gross, H. and Harrison, R. (1992) Jurisprudence, Cambridge Essays, Oxford: Claren-
don Press.
Gurry, F. (1984) Breach of Confidence, Oxford: Clarendon Press.
Gutmann, A. and Thompson, D. 1996 Democracy and Disagreement, Cambridge, MA:
Belknap Press of Harvard University Press.
Habermas, J. (1996a) ‘The European nation state. Its achievements and limita-
tions. On the past and future of sovereignty and citizenship’, Ratio Juris, 9(2),
125–137.
Habermas, J. (1996b) Between Facts and Norm: Contributions to a Discourse Theory
of Law and Democracy, Cambridge, MA: MIT Press.
Hadfield, B. (1998) ‘The Belfast agreement, sovereignty and the state of the Union’,
Public Law, 599–616.
Hadfield, B. (1999) ‘The nature of devolution in Scotland and Northern Ireland, key
issues of responsibility and control’, Edinburgh Law Review, 3, 3–31.
Hampshire-Monk, I. (1992) A History of Modern Political Thought, Oxford: Blackwell.
Harden, I. (1991) ‘The constitution and its discontents’, British Journal of Political
Science, 21, 489–510.
Harden, I. (1993) ‘Money and the constitution: financial control reporting and audit’,
Legal Studies, 13(1), 16–37.
Harden, I. (1994) ‘The constitution and the European Union’, Public Law, 609–624.
Harden, I. (1996) ‘Democracy and the European Union’ in Hirst, P. and Khilnani, S.
(eds) Re-inventing Democracy, Oxford: Blackwell.
Harden, I., White, F. and Hollingsworth, K. (1996) ‘Value for money and administrative
law’, Public Law, 661–681.
Harlow, C. (ed.) (1986) Public Law and Politics, London: Sweet & Maxwell.
Harlow, C. (1997) ‘Back to basics: reinventing administrative law’, Public Law,
245–261.
Harlow, C. (2000a) ‘Export, import. The ebb and flow of English public law’, Public
Law, 240–253.
Harlow, C. (2000b) ‘Disposing of Dicey: from legal autonomy to constitutional dis-
course’, Political Studies, 48, 356–369.
Harlow, C. and Rawlings, R. (1997) Law and Administration, 2nd edn, London:
Butterworths.
Harris, B. (1992) ‘ ‘‘The Third Source’’ of authority for government action’, Law
Quarterly Review, 108, 626–651.
Harris, D., O’Boyle, M. and Warbrick, C. (1995) Law of the European Convention on
Human Rights, London: Butterworths.
Harvey, C.J. (1997) ‘The procedural paradigm of law and democracy’, Public Law,
692–703.
Hayek, F. (1973) Law, Legislations and Liberty: A New Statement of the Liberal
Principles and Political Economy, London: Routledge & Kegan Paul.
Hazell, R. (ed.) (1999) Constitutional Futures: A History of the Next Ten Years, Oxford:
Oxford University Press.
Hazell, R. (2001) ‘Reforming the constitution’, Political Quarterly, 39(1), 1–49.
Held, D. (ed.) (1991) Political Theory Today, Oxford: Polity Press.
Held, D. (1996) Models of Democracy, 2nd edn, Cambridge: Polity Press.
Held, D. (ed.) (1999) Global Transformations: Politics, Economics and Culture, Oxford:
Polity Press.
Hennessey, P. (1986) Cabinet, Oxford: Basil Blackwell.
582 Bibliography
Hennessey, P. (1995) The Hidden Wiring: Unearthing the British Constitution, London:
Gollancz.
Hennessey, P. (2001), The Prime Minister: The Office and its Holders since 1945,
London: Allen Lane.
Hey, D. et al. (1975) Albion’s Fatal Tree: Crime and Society in Eighteenth-Century
England, London, Allen Lane.
Himsworth, C. (1996) ‘In a state no longer: the end of constitutionalism?’, Public Law,
639–660.
Himsworth, C. and Munro, C. (1999) The Scotland Act 1998, Edinburgh: W. Green/
Sweet & Maxwell.
Hobbes, T. (1974) Leviathan, introduction by K.R. Minogue, London: Dent.
Hoffmann, The Rt Hon Lord (1999) ‘Human rights and the House of Lords’, Modern
Law Review, 62(2), 159–166.
Holliday, I. (2000) ‘Is the British state hollowing out?’, Political Quarterly, 72(2),
167–176.
Home Office (1999) Interception of Communications in the UK, London: Home Office.
Hooper, Sir A. (1998) ‘The impact of the Human Rights Act on judicial decision
making’, European Human Rights Law Review, 6, 676–686.
Hope, Lord (2000) ‘Human rights: where are we now?’, European Human Rights Law
Review, 5, 439–451.
Horwitz, M. (1977) ‘The rule of law: an unqualified human good?’, Yale Law Review,
86, 561–566.
Horwitz, M. (1997) ‘Why is Anglo-American jurisprudence unhistorical’, Oxford
Journal of Legal Studies, 17, 551–586.
Hoskyns, J. (1983) ‘Whitehall and Westminster, an outsider’s view’, Parliamentary
Affairs, 36, 137–147.
House of Commons (1987) Manual of Procedure in the Public Business, 14th edn,
London: HMSO.
House of Commons (1989) The Financing and Accountability of Next Steps Agencies,
Cm. 914. London: HMSO.
House of Commons, 1st Report from the Liaison Committee, The Select Committee
System, HC 92 (1982–83), London: HMSO.
House of Commons, 2nd Report from the Select Committee on Procedure. The
Working of the Select Committee System, HC 19-1 (1989–90), London: HMSO.
House of Commons, 4th Report from the Defence Committee: Westland plc: The
Government’s Decision-Making: Report and Proceedings of the Committee, HC 519
(1985–86), London: HMSO.
House of Commons, 8th Report from the Treasury and Civil Service Committee,
Civil Service Management Reform: The Next Steps, HC 494-1 (1987–88), London:
HMSO).
House of Commons, Government Reply to the 8th Report from the Treasury and Civil
Service Committee, Cm. 524, 1988, London: HMSO.
House of Commons, 5th Report: The Role of the Civil Service Treasury and Civil
Service Committee, Vol. 1, HC 27-1 (1993–94), London: HMSO.
House of Commons (1995) Government Reply to the 5th Report: The Role of the Civil
Service Treasury and Civil Service Committee, Cm. 3931, London: HMSO.
House of Commons, 1st Report from the Liaison Committee: Accountability of
Ministers and Civil Servants to Select Committees of the House of Commons,
HC 100 (1986–87), London: HMSO.
House of Commons, Select Committee on Public Administration, 1st Report – Public
Appointments, HC 327 (1997–88), London: HMSO.
House of Commons, Public Service Committee 2nd Report Ministerial Accountability
and Responsibility, HC 313 (1996), London: HMSO.
House of Commons, Government Reply, Public Service Committee 1st Special
Report – Government Response to the 2nd Report from the Committee on Min-
isterial Accountability and Responsibility, HC 67 (1995–96), London: HMSO.
583
Bibliography
House of Commons, 5th Report: The Civil Service Pay and Conditions of Service
Code, HC 260 (1989–90), London: HMSO.
House of Commons, 7th Report from the Treasury and Civil Service Committee: Civil
Servants and Ministers: Duties and Responsibilities, HC 92-1 (1985–86), London:
HMSO.
House of Commons (1995) The government’s response to the 1st Report from the
Committee on Standards in Public Life, Cm. 2931, London: HMSO.
Hunt, M. (1997) ‘Human rights in English courts’, in M. Taggart (ed.), The Province of
Administrative Law, Oxford: Hart Publishing.
Hunt, M. (1998) ‘The ‘‘horizontal effect’’ of the Human Rights Act’, Public Law,
423–443.
Hunt, M. (1999) ‘The Human Rights Act and legal culture: the judiciary and the legal
profession’, Journal of Law and Society, 26(1), 86–102.
Hunt, M. and Singh, R. (eds) (2001) A Practitioner’s Guide to the Impact of the Human
Rights Act 1998, Oxford: Hart Publishing.
Ibbs Committee, Jenkins, K., Caines, K. and Jackson, A. (1988) Improving Manage-
ment in Government: The Next Steps, London: HMSO.
Irvine, D. (1996) ‘Judges and decison-makers: the theory and practice of Wednesbury
review’, Public Law, 59–78.
Irvine, D. (1996) ‘The development of human rights in Britain under an incorporated
convention on human rights’, Public Law, 221–236.
Jacob, J. (1996) The Republican Crown: Lawyers and the Making of the State in
Twentieth-Century Britain, Aldershot: Brookfield.
Jaconelli, J. (1985) ‘Comment’, Public Law, 629.
Jaconelli, J. (1999) ‘The nature of constitutional convention’, Legal Studies, 19,
24–46.
Janis, M., Kay, R. and Bradley, A. (2000) European Human Rights Law: Text and
Materials, 2nd edn, Oxford: Clarendon Press.
Jenkins, K., Caines, K. and Jackson, A. (1988) Report to the Prime Minister: Improv-
ing Management in Government. The Next Steps, London: HMSO.
Jenkins Report (1998) The Report of the Independent Commission on the Voting
System, Cm. 4090–1, London: HMSO.
Jenkins, S. (1996) Accountable to None: The Tory Nationalism of Britain, Harmonds-
worth: Penguin.
Jennings, I. (1959) The Law and the Constitution, 5th edn, London: University of
London Press.
Jones, D.L. (1988) A Parliamentary History of the Glorious Revolution, London:
HMSO.
Jowell, J. (1999) ‘Of vires and vacuums: the constitutional context of judicial review’,
Public Law, 448–460.
Jowell, J. and Lester, A. (1987) ‘Beyond Wednesbury: substantive principles of
administrative law’, Public Law, 368–382.
Jowell, J. and Oliver, D. (eds) (2000) The Changing Constitution, 4th edn, Oxford:
Oxford University Press.
Jowell, J. (2000) ‘Beyond the rule of law: towards constitutional judicial review’,
Public Law, 671–683.
Justice (1998) Under Surveillance: Covert Policing and Human Rights Standards,
London: Justice.
Kantorowicz, E. (1957) The King’s Two Bodies: A Study in Medieval Political
Theology, Princetown, NJ: Princetown University Press.
Kay, R. (1989) ‘Substance and structure as constitutional protections: centennial
comparisons’, Public Law, 428–439.
Kay, R. (1990) ‘Constitutional cultures: constitutional law’, University of Chicago Law
Review, 57, 317–325.
Keir, Sir D.L. (1969) The Constitutional History of Modern Britain since 1485, 9th edn,
London: Black.
584 Bibliography
Kelman, M. (1988) ‘On democracy-bashing: a skeptical look at the theoretical and
‘‘empirical’’, practice of the public choice movement’, Virginia Law Review, 74(1),
199–273.
Kelsen, H. (1961) General Theory of Law and State, New York: Russell & Russell.
Kent, Sir H. (1979) In on the Act: Memoirs of a Lawmaker, London: Macmillan.
Kilbrandon (1973) Royal Commission on the Constitution, 1969–1973, Cmnd. 5460,
London: HMSO.
King, T. (2000) Does the United Kingdom still have a Constitution? London: Sweet and
Maxwell.
Kingdom, J. (1991) Government and Politics in Britain, Cambridge, MA: Polity Press.
Klug, F. (1999) ‘The Human Rights Act 1998: Pepper v. Hart and all that’, Public Law,
246–273.
Klug, F., Starmer, K. and Weir, S. (1996) The Three Pillars of Liberty: Securing
Political Rights and Freedom in the United Kingdom, London: Routledge.
Klug, F. and Starmer, K. (2001) ‘Incorporation through the ‘‘front door’’: the first year
of the Human Rights Act’, Public Law, 654–665.
Langbein J.H. (1983) ‘Albion’s fatal flaws’, Oxford: Past and Present Society.
Lardy, H. (2000) ‘Democracy by default: the representation of the People Act 2000’,
Modern Law Review, 64(1), 63–81.
Law Commission (1994) Administrative Law: Judicial Review and Statutory Appeals,
HC 669 (1993–94), London: HMSO.
Laws, Sir J. (1989) ‘The ghost in the machine: principle(s) of public law’, Public Law,
27–31.
Laws, Sir J. (1992) ‘Illegality: the problem of jurisdiction’, in M. Supperstone and
J. Gouldie, Judicial Review, London: Butterworths.
Laws, Sir, J. (1993) ‘Is the High Court the guardian of fundamental constitutional
rights?’, Public Law, 59–79.
Laws, Sir, J. (1994) ‘Judicial remedies and the constitution’, Modern Law Review,
57(2), 213–227.
Laws, Sir, J. (1995) ‘Law and democracy’, Public Law, 72–93.
Laws, Sir. J. (1996) ‘The constitution: morals and right’, Public Law, 622–635.
Laws, Sir J. (1998) ‘The limitations of human rights’, Public Law, 254–265.
Lawson R. and Schermers, H. (1997) Leading Cases of the European Court of Human
Rights, Nijmegan: Ars Aequi Libri.
Le Sueur, A. (1992) ‘Should we abolish the writ of habeas corpus?’, Public Law, 13–20.
Le Sueur, A. and Sunkin, M. (1992) ‘Applications for judicial review: the requirement
of leave’, Public Law, 102–129.
Leach, P.P. (2000) Taking a Case to the ECHR, London: Blackstone Press.
Leigh, I. (1986) ‘A tapper’s charter’, Public Law, 8–18.
Leigh. I. (1999) ‘Horizontal rights, the Human Rights Act and privacy: lessons from the
Commonwealth?’, International and Comparative Law Quarterly, 48, 57–87.
Leigh, I. and Lustgarten, L. (1991) ‘The Security Commission: constitutional achieve-
ment or curiosity?’, Public Law, 215–232.
Leigh, I. and Lustgarten, L. (1999) ‘Making rights real: the courts, remedies and the
Human Rights Act’, Cambridge Law Journal, 58(3), 507–545.
Lenaerts, K. (1991) ‘Some reflections on the separation of powers in the European
communities’, Common Law Review, 28(1), 11–35.
Lenz, C. (1989) ‘The Court of Justice of the European communities’, European Law
Review, 14(3), 127–139.
Leopold, P. (1986) ‘Leaks and squeaks in the Palace of Westminster’, Public Law,
368–734.
Lester, A. (1993) ‘English judges as law makers’, Public Law, 269–290.
Lester, A. (2001) ‘Developing constitutional principles of public law’, Public Law,
684–694.
Lester, A., Pannick, D. and Carss-Frisk, M. (eds) (1999) Human Rights Law and
Practice, London: Butterworths.
585
Bibliography
Lewis, N. (1993) ‘The citizens charter and next steps: a new way of governing?’,
Political Quarterly, 64(3), 316–326.
Lewis, N. (1994) ‘Reviewing change in government: new public management and next
steps’, Public Law, 105–113.
Lewis, N. (1998) ‘A civil service act for the United Kingdom’, Public Law, 463–488.
Lewis, N. and Longley, D. (1994) ‘Ethics and the public service’, Public Law, 526–608.
Leyland, P. and Woods, T. (eds) (1997) Administrative Law Facing the Future: Old
Constraints and New Horizons, London: Blackstone Press.
Lively, J. and Lively, A. (1994) Democracy in Britain, a Reader, Oxford: Blackwell.
Lock, G. (1985) ‘Parliamentary privilege and the courts: the avoidance of conflict’,
Public Law, 64–92.
Locke, J. (1632–1704) (1960) Two Treaties of Government, ed. P. Laslett, Cambridge:
Cambridge University Press.
Longley, D. and Rhoda, J. (1999) Administrative Justice: Central Issues in UK and
European Administrative Law, London: Cavendish.
Lord Chancellor’s Department (1989) Judicial Appointments, The Work and Organisa-
tion of the Legal Profession, London: HMSO.
Loughlin, M. (1989) ‘Law ideologies and the political–administrative system’, Journal
of Law and Society, 16(1), 21–41.
Loughlin, M. (1994) The Constitutional Status of Local Government, London: Commis-
sion for Local Democracy.
Loughlin, M. (1996) Legality and Locality: The Role of Law in Central–Local Gov-
ernment Relations, Oxford: Clarendon Press.
Loveland, I. (1996) ‘A sign of things to come? The ECHR and a ‘‘public/private’’ divide