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Chapter

Cover Cases & Materials on International Law

7. Sovereignty over Territory  

Sovereignty is one of the fundamental concepts in international law. It is an integral part of the principles of equality of States, territorial integrity and political independence that are referred to in Article 2 of the United Nations Charter. Sovereignty is crucial to the exercise of powers by a State over both its territory and the people living in that territory. This chapter discusses traditional means of acquisition of territory; effective occupation; consent by other States; and limitations on sovereignty over territory.

Chapter

Cover Public Law

4. Parliamentary sovereignty: an overview  

This chapter explores the principle of parliamentary sovereignty. It defines the theory in orthodox terms set out by Dicey and explains the manner in which it has developed out of the Bill of Rights and on the back of the unsettled constitutional times that prevailed during the seventeenth century. It then sets out the legal basis for sovereignty, calling on the authority of Wade, Jennings, and Goldsworthy to explain the importance of the courts’ role in determining and providing the foundation for Parliament’s authority. Next, it explores the fundamental aspects of the orthodox theory, explaining how that operates in practice and discussing the various challenges and limitations that have arisen since the late nineteenth century. The chapter concludes by considering the position of parliamentary sovereignty today, analysing the extent to which orthodox Diceyan theory can be said still to be relevant.

Chapter

Cover The Changing Constitution

4. Brexit and the UK Constitution  

Paul Craig

This chapter is, for obvious reasons, not a modification of the chapter from the previous edition. It is a completely new chapter, which considers the effect of Brexit on the UK constitution. There is discussion of the constitutional implications of triggering exit from the EU, and whether this could be done by the executive via the prerogative, or whether this was conditional on prior legislative approval through a statute. The discussion thereafter considers the constitutional implications of Brexit in terms of supremacy, rights, executive accountability to the legislature and devolution. The chapter concludes with discussion as to the paradox of sovereignty in the context of Brexit.

Chapter

Cover Cassese's International Law

4. States as the Primary Subjects of International Law  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter focuses on the State as the primary subject of international law. It begins with a discussion of the continuing pre-eminence of States as pivotal subjects of the international legal system and then analyses the processes through which States are created; the role of recognition of States, particularly in the context of contested Statehood; the legal rules governing the continuity, succession, and extinction of States; and the evolving concept of sovereignty, which is a notion at the very core of what a State is. The chapter is intended to introduce the main legal aspects of ‘Statehood’, as a first step in the discussion of more advanced concepts in subsequent chapters, such as the State’s spatial dimensions, its immunities and those of State officials, and the many limitations imposed by international law on State action.

Chapter

Cover Essential Cases: Public Law

R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Case of Proclamations [1610] 77 ER 1352, 12 Co Rep 74, King’s Bench  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Case of Proclamations [1610] 77 ER 1352 12 Co Rep 74, King’s Bench. This classic public law case concerned whether the King could rule by proclamation, or whether he was required to rule through Parliament. It provides one of the core foundations of the law limiting the scope of the royal prerogative today. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin), Divisional Court. This case introduced the concept of a ‘constitutional’ statute into UK jurisprudence. The case note reflects on the consequences of this. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover Essential Cases: Public Law

Case of Proclamations [1610] 77 ER 1352, 12 Co Rep 74, King’s Bench  

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Case of Proclamations [1610] 77 ER 1352 12 Co Rep 74, King’s Bench. This classic public law case concerned whether the King could rule by proclamation, or whether he was required to rule through Parliament. It provides one of the core foundations of the law limiting the scope of the royal prerogative today. The document also includes supporting commentary and questions from author Thomas Webb.

Chapter

Cover The Concept of Law

X. International Law  

H. L. A. Hart

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. This chapter considers two principal sources of doubt concerning the legal character of international law and, with them, the steps which theorists have taken to meet these doubts. Both forms of doubt arise from an adverse comparison of international law with municipal law, which is taken as the clear, standard example of what law is. The first has its roots deep in the conception of law as fundamentally a matter of orders backed by threats and contrasts the character of the rules of international law with those of municipal law. The second form of doubt springs from the obscure belief that states are fundamentally incapable of being the subjects of legal obligation, and contrasts the character of the subjects of international law with those of municipal law.

Chapter

Cover Brownlie's Principles of Public International Law

20. Sovereignty and equality of states  

This considers the uses of the term ‘sovereignty’ to describe the competence of states and equality.

Chapter

Cover Public Law Directions

3. The features and sources of the UK constitution  

This chapter examines the characteristics of the UK constitution. The main features of the UK constitution are that it is uncodified; flexible; traditionally unitary but now debatably a union state; monarchical; parliamentary; and based on a bedrock of important constitutional doctrines and principles: parliamentary sovereignty, the rule of law, separation of powers; the courts are also basing some decisions on bedrock principles of the common law. Meanwhile, the laws, rules, and practices of the UK constitution can be found in constitutional statutes; judicial decisions; constitutional conventions; international treaties; the royal prerogative; the law and custom of Parliament; and works of authoritative writers. The chapter then looks at the arguments for and against codifying the UK constitution.

Chapter

Cover Public Law Concentrate

1. Introduction to constitutional law  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

Chapter

Cover Constitutional Law, Administrative Law, and Human Rights

11. Parliamentary Sovereignty within the European Union  

This chapter examines the way in which the UK’s membership in the European Economic Community (EEC) prompted changes in the domestic constitutional order. The discussions include the founding principles of the Treaty of Rome; the accession of the UK into the EEC; EEC law, parliamentary sovereignty, and the UK courts; and the horizontal and vertical effects of directives. The chapter explores the controversies engendered by the Maastricht, Amsterdam, and Lisbon Treaties; and concludes by assessing in what senses continued EC membership in the early part of the twenty-first century might have entailed a loss of the UK’s ‘sovereignty’ to a federal European constitution and a rebalancing of power within the domestic constitution between Parliament and the courts.

Chapter

Cover Public Law

5. Parliamentary sovereignty, the European Union, and Brexit  

This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.

Chapter

Cover The Oxford Handbook of Criminology

36. Criminology, punishment, and the state in a globalized society  

Katja Franko

Questions of criminal law and criminal justice are increasingly becoming international, overcoming the confines of traditional jurisdictional constraints. This chapter traces these developments in order to examine what relevance criminology has had and may hold for understanding contemporary global issues. It examines, among other things, the impact of global interconnectedness on the nature of state sovereignty, particularly in light of challenges such as international terrorism, irregular migration, and transnational organized crime. By doing so, the chapter does not simply chart a demise of the state, as is sometimes assumed within studies of globalization. Instead, it proposes a more subtle, analytical, and imaginary disconnection between crime, penality, and the nation state. Finally, the chapter addresses the rise of international forms of justice, particularly those articulated through human rights regimes, as well as the emerging challenges to them.

Chapter

Cover EU Law in the UK

1. History of the project (1972–2020)  

This chapter traces the history of the EU, and UK participation in the EU project at its key developmental moments, revealing that the referendum outcome on 23 June 2016 was perhaps a shock, but not a wholly unpredictable one. The EU's overall goals have never quite matched the UK's reasons for participating in the project. The chapter then sets out what goals the EU project has had over time, and how these have fitted with UK priorities and interests. It also looks at each key revision of the EU's foundational Treaties in turn, including the Treaty of Rome, the Maastricht Treaty, and the Lisbon Treaty. The UK willingly limited its sovereignty when it joined the EU in 1972; it has now exercised its sovereignty again by withdrawing from the EU. The chapter concludes with some thoughts on what will happen next in the now four-year-long Brexit saga.

Chapter

Cover The Changing Constitution

12. The Relationship between Parliament, the Executive and the Judiciary  

Alison L. Young

When examining the recent evolution of the Constitution, it is argued that the UK has become more ‘legal’ as opposed to ‘political’. The last twenty years has seen a growth in legislation and case law, particularly that of the Supreme Court, regulating aspects of the UK constitution. This chapter investigates this claim. It argues that, whilst we can point to a growth in both legislation and case law, when we look at the case law more closely we can see that the courts balance an array of factors when determining how far to control executive actions. These factors include an analysis of the relative institutional features and constitutional role of the legislature, the executive and the courts. This evidence, in turn, questions the traditional understanding of the separation of powers as a hidden component of the UK constitution. It is not the case that courts merely balance the rule of law and parliamentary sovereignty in order to determine how far to control executive actions. Rather, the courts determine how to make this balance through the lens of the separation of powers, evaluating institutional and constitutional features. In doing so, they are upholding necessary checks and balances in the UK constitution.

Chapter

Cover Legal Systems & Skills

1. Introduction to law  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter considers law as a concept and in its context. It examines key legal concepts such as law and morality, jurisprudence, the legitimacy of laws, the rule of law, and the separation of powers, looking at these in both theory and practice. It includes consideration of the virtue, duty, and consequentialist ethical theories, and legal theories including natural law, legal positivism, realism, and critical legal studies. Consideration is given to UK and international factors to give the broadest possible context, including identifying interdisciplinary perspectives. Real life examples are provided and discussed to aid deeper understanding of the concepts referred to.