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Law in Politics, Politics in Law

Editor(s): David Feldman
Media of Law in Politics, Politics in Law
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Published: 05-12-2013
Format: PDF eBook (?)
Edition: 1st
Extent: 294
ISBN: 9781782252825
Imprint: Hart Publishing
Series: Hart Studies in Constitutional Law
RRP: £24.29
Online price : £14.57
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Loren Epson

About Law in Politics, Politics in Law

A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?
This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.

Table Of Contents

Part 1: Introduction
1. Beginning at the Beginning: The Relationships between Politics and Law
David Feldman
Part 2: Lawyer-Politicians
2. Lawyers, MPs and Judges
Ross Cranston
3. Lawyers in the House of Commons
David Howarth
4. The Form and Language of Legislation
Alan Rodger
Part 3: Lawyers Advising Government
5. Legislation and Politics
Stephen Laws
6. Whitehall, Transparency, and the Law
David Seymour
7. The Role of Public International Lawyers in Government
Michael Wood
8. Government Legal Advisers through the Ethics Looking Glass
Matthew Windsor
Part 4: Politics and Legal Change
9. Law Reform in a Political Environment: The Work of the Law Commissions
Elizabeth Cooke and Hector MacQueen
10. Parliament Act 1911 in its Historical Context
Philip Norton
11. The Parliament Act 1949
Chris Ballinger
12. The Realities of the Parliament Act 1911
Daniel Greenberg
13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting
Rhodri Walters
Part 5: Politics, the Constitution, and Beyond
14. International Law and Great Power Politics
Matthew Parish
15. Law and Democracy in a Human Rights Framework
Philip Sales
16. Politics, Law and Constitutional Moments in the UK
Dawn Oliver
17. Looking Back and Moving On
David Feldman

Reviews

“I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area.” –  Saira Salimi, Statute Law Review, Volume 35, Number 2

“One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors.

Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here.

” –  Joseph Tomlinson, The Journal of Legislative Studies, 2014

“Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject.” –  Christopher May, Political Studies Review

“This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them” –  Mark Davies, The Table

“The book provides well-rounded insight into the intricate relationship between Politics and Law.” –  J. Kern, European Review of Public Law

“...the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law. (Translated from the original Italian.)” –  Nicola Lupo, Rivista Trimestrale di Diritto Pubblico 4/2014 (Oct-Dec)

“...this is an interesting book with chapters written by experts in their field.” –  Ronan Cormacain, The Theory and Practice of Legislation

“Law in Politics, Politics in Law makes clear that its remit is not to examine directly
the impacts of courts on politics or the development of judicial review as a legal
mechanism for calling politics to account. Yet it makes an important contribution to
the debate through its analysis of the day-to-day realities of the relationship.


” –  Justine Thornton QC, Journal of Environmental Law

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