The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This twelfth edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest reforms in constitutional and administrative law, including those relating to devolution and Brexit.
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Chapter
12. The royal prerogative
This chapter begins by discussing the origins and meaning of the term ‘royal prerogative’. It identifies some examples of prerogative powers and considers how certain personal or reserve powers of the monarch might be exercised in practice. The chapter also explores the relationship between prerogative power and statutes and focuses on how the courts have dealt with the prerogative. The chapter also discusses the adaptation of prerogative powers, the relationship between the prerogative and the courts, and the courts’ recent willingness to review the exercise of certain prerogative powers. The chapter concludes by looking at several ways in which the prerogative could be reformed.
Chapter
XII. Hearsay in general
This chapter takes a look at the hearsay rule. Though it is one of the most complex and confusing of the exclusionary rules of evidence, the hearsay rule can be used as the background and foundation to understand the new statutory provisions for civil and criminal proceedings. The chapter first discusses the hearsay rule at the common law level, explaining why such an exclusionary rule was thought necessary. It also indicates the tenor of this rule's development and reform. Next, the chapter more closely examines the scope of the rule, implied assertions, res gestae, the rule against narrative, and the extent to which admissions constitute an exception to the rule.
Book
Polly Morgan
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
10. Private Law Decisions about Children
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
3. Ending a Marriage or Civil Partnership
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
7. Domestic Abuse
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
8. Parenthood and Parental Responsibility
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
9. Children’s Rights and Welfare
This chapter starts by tracing the changing laws of divorce over the centuries including up to the Divorce, Dissolution and Separation Act 2020. The chapter then considers the current law on divorce, civil partnership dissolution, and judicial separation, and asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? Should it be easy to get divorced, or difficult? The chapter uses realistic scenarios to answer these questions.
Chapter
24. Statutory and Other Inquiries
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter begins with a discussion of statutory inquiry, which is the standard technique for giving a fair hearing to objectors before the final decision is made on some question of government policy affecting citizens’ rights or interests. It then turns to complaints and reforms; law and practice today in statutory inquiries; and other inquiry procedures.
Chapter
1. Introduction to the English criminal process
This chapter starts by presenting a brief sketch of the key stages and decisions of the criminal process which forms part of the English criminal justice system. The significance of those stages and decisions is discussed before they are then classified according to their nature and consequence. This is followed in the next section by differentiating between the criminal process and the system before moving on to orient the reader by outlining significant reforms that have shaped the criminal process in the past decades. There is a final concluding section.
Chapter
3. Ending a Marriage or Civil Partnership
This chapter starts with a brief history of divorce. The chapter then considers the current law on divorce, its historical origins and strengths, and its weaknesses. It then turns to the new law on divorce which is due to come into effect in the autumn of 2021. The chapter asks: Why was reform needed? What role does divorce play in our society? What does divorce say about marriage as an institution? The chapter uses a real-life scenario to answer these questions.
Chapter
15. Family homes: Postscript
In this chapter, there is a recognition that the intervention of equity in the family home represents a pragmatic response to a real problem, but it is not a perfect solution. It considers some of a number of grounds of critique of the current approach, including attempts at legislative reform to provide a solution. It can be criticized on a number of grounds, quite apart from the issue as to whether it constitutes a usurpation of a legislative function. There is also a consideration of whether the approach we have now has moved away from traditional assertion of property principles to a sense of redistributive justice more familiar to family lawyers.
Chapter
4. The Human Rights Act 1998
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers the Human Rights Act 1998, including its central provisions, its impact on the protection of human rights in the UK, and its potential repeal.
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23. Statutory Tribunals
Sir William Wade, Christopher Forsyth, and Julian Ghosh
Tribunals have attracted the attention of the legislature on several occasions, most recently with the Tribunals, Courts and Enforcement Act 2007, which implements far reaching and fundamental reforms seeking to impose system and order on the maze of specialised tribunals. This chapter discusses the 2007 reforms, the procedure of tribunals and appeals on questions of law and discretion.
Chapter
9. Financial Remedies: Principles and Assessment
N V Lowe, G Douglas, E Hitchings, and R Taylor
Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.
Chapter
3. Seeking a Divorce
Edwina Higgins and Kathryn Newton
This chapter considers the law and process for seeking a divorce in England and Wales, which is due to change radically in April 2022. It examines the current legal framework (as of September 2021) and the gap between the ‘law in books’ and the practical reality, highlighted in the key Supreme Court case Owens v Owens [2018] UKSC 41. It contrasts the conduct-based provisions of the current law with the ‘no fault’ provisions due to be introduced in 2022. It discusses the criticisms that have been made of the conduct-based law, and why there was pressure for reform. The discussion is placed in the context of divorce statistics in order to determine the link between the divorce law and the divorce rate, and whether this matters. In so doing, the chapter considers how much of a role the state should play in regulating divorce and the place of ‘fault’ in a modern divorce law. It also considers matters of process and procedure.
Chapter
7. Property and Finances When Non-Formalized Relationships End
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter focuses on the resolution of property and financial disputes that may arise between family members who are not spouses or civil partners and so who cannot use the statutory remedies discussed in chapter 6. Instead, parties rely largely on the general law of property, trusts, and contract to provide solutions. This chapter examines those areas of law, and the few statutory provisions that apply between these parties, before considering the prospects for reform.
Chapter
4. The Regulation of Health and Social Care Professionals
A. M. Farrell and E. S. Dove
This chapter provides an overview of the regulation of health and social care professionals in the UK, with a focus on the work of the statutory professional regulators and the concept of fitness to practice. The chapter addresses different elements of the fitness to practise process, looking at case law in this area, including aspects of sexual misconduct and dishonesty. The chapter then considers the operation of the professional duty of candour, looking at barriers to embedding candour. It concludes with some reflections on the future of professional regulation, including the impact of longstanding calls for reform in this area.
Chapter
11. Easements
An easement is a form of third-party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.
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