Democratic Civilisation Or Judicial Supremacy

"How should our laws be made and where does final power lie? This question has grown increasingly salient in recent years as the judiciary has pitted itself against Parliament in a series of harmful and absurd rulings. Many of these confrontations have revolved around the Human Rights Act, but far more is at stake. Under our constitution, the legal sovereignty of Parliament ensures that the people themselves are the ultimate political sovereign. When members of the judiciary challenge Parliament, they undermine the ideal of government as a trust for the benefit of all members of society. The readiness of the judiciary to challenge the democratic will of the nation has been harnessed by special interest groups who wish to put their own priorities ahead of those of the wider community. The introduction of no-win, no-fee arrangements has similarly ushered in a period of aggressive litigation by lawyers - driven by the prospect of financial reward - on behalf of the narrow interests of their clients. In this powerful book, Civitas director David G. Green argues that the time has come to challenge a self-serving elite in the legal profession which is encouraging a claims culture based on gaining sectarian advantage. This will mean restoring faith in the UK's parliamentary system of government which, rather than promoting adversarial conflict between minorities and the rest of society, provides the surest way of reconciling clashes of interest. But it also requires the reinvigoration of a civic culture which does not promote victimhood, but looks to the interests of society as a whole, identifying shared interests and pursuing, above all, the common good."-- web site.

John Keane's The Life and Death of Democracy will inspire and shock its readers. Presenting the first grand history of democracy for well over a century, it poses along the way some tough and timely questions: can we really be sure that democracy had its origins in ancient Greece? How did democratic ideals and institutions come to have the shape they do today? Given all the recent fanfare about democracy promotion, why are many people now gripped by the feeling that a bad moon is rising over all the world's democracies? Do they indeed have a future? Or is perhaps democracy fated to melt away, along with our polar ice caps? The work of one of Britain's leading political writers, this is no mere antiquarian history. Stylishly written, this superb book confronts its readers with an entirely fresh and irreverent look at the past, present and future of democracy. It unearths the beginnings of such precious institutions and ideals as government by public assembly, votes for women, the secret ballot, trial by jury and press freedom. It tracks the changing, hotly disputed meanings of democracy and describes quite a few of the extraordinary characters, many of them long forgotten, who dedicated their lives to building or defending democracy. And it explains why democracy is still potentially the best form of government on earth -- and why democracies everywhere are sleepwalking their way into deep trouble.

This book argues that independent courts can defend democracy by encouraging political elites to more prudently exercise their powers.

Principles to realization - Cherif Bassiouni

This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.

This open access book addresses a palpable, yet widely neglected, tension in legal discourse. In our everyday legal practices – whether taking place in a courtroom, classroom, law firm, or elsewhere – we routinely and unproblematically talk of the activities of creating and applying the law. However, when legal scholars have analysed this distinction in their theories (rather than simply assuming it), many have undermined it, if not dismissed it as untenable. The book considers the relevance of distinguishing between law-creation and law-application and how this transcends the boundaries of jurisprudential enquiry. It argues that such a distinction is also a crucial component of political theory. For if there is no possibility of applying a legal rule that was created by a different institution at a previous moment in time, then our current constitutional-democratic frameworks are effectively empty vessels that conceal a power relationship between public authorities and citizens that is very different from the one on which constitutional democracy is grounded. After problematising the most relevant objections in the literature, the book presents a comprehensive defence of the distinction between creation and application of law within the structure of constitutional democracy. It does so through an integrated jurisprudential methodology, which combines insights from different disciplines (including history, anthropology, political science, philosophy of language, and philosophy of action) while also casting new light on long-standing issues in public law, such as the role of legal discretion in the law-making process and the scope of the separation of powers doctrine. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.

The leadership challenges discussed in this book will resonate with any denomination or church that has grown or wrestled with polity and culture, but will hold special appeal for those interested in the history of the Assemblies of God.

Terrorist violence is no novelty in human history and, while government reactions to it have varied over time, some lessons can be learnt from the past. Indeed, the debate on when and how a state should use emergency powers that limit individual freedoms is nearly as old as the history of political thought. After reviewing some history of state responses to terrorist violence and their efficacy, this book sets out to assess the effects of contemporary counterterrorism law and policies on democratic states. In particular, it considers the interaction between national and international law in shaping and implementing anti-terror measures, and the difficult role of the judiciary in striking a balance between security concerns and fundamental rights. It also examines the strains this has caused on some democracies, especially a blurring in the separation of powers between the legislative, executive and judicial branches of government, giving reason to enquire afresh whether new paradigms are needed. Finally, the issue of whether the doctrine of constitutionalism can provide an appropriate frame of analysis to encapsulate current developments in international law in response to terrorism is broached. By drawing on the expertise of historians, political scientists and lawyers, this book promotes transdisciplinary dialogue, recognising that counterterrorism is an issue at the intersection of law and politics that has profound implications for democratic institutions and practices.

In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts’ jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts’ judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy – and, in turn, the relationship between Parliament and the courts – is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.

Explores democracy's remarkable rise from obscurity to centre stage in contemporary international relations, from the rogue democratic state of 18th Century France to Western pressures for countries throughout the world to democratise.