Constitutional Values, Identities and Rights by McGarry, John;

Short description:

This book discusses the way in which the constitutions are shaped by, and shape, the values and identities inherent in them and how those values and identities may be realised as fundamental rights and, consequently, protected. It examines the values, identities and rights of the UK constitution and of constitutions more generally.

Long description:

This book discusses the way in which the constitutions are shaped by, and shape, the values and identities inherent in them and how those values and identities may be realised as fundamental rights and, consequently, protected. It examines the values, identities and rights of the UK constitution – which is highly dynamic and political in nature – and of constitutions more generally.

The text comprises three parts. The first part examines the continuing, expanding executive dominance of Parliament and the constitution in a changing political and constitutional landscape. The second part looks at the relationship among constitutional values, principles and rights and at the constitutional consequences of the so-called culture wars. The last part considers the degree to which human rights and constitutional fundamentals may be protected by both codified and non-codified constitutions and whether, following Brexit, there is a renewed case that fundamental constitutional values and rights may only be successfully protected in the UK with a codified constitution.

The book will be of interest to academics, researchers and policy-makers in the areas of Constitutional Law and Politics, Comparative Law and Public Law.

Table of Contents:

Introduction (John McGarry) Part 1: Executive Power: Changing Facts and Changing Values 1. Clocking the British Constitution: Unfixing the Fixed-term Parliaments Act 2011 (Mark Ryan) 2. The Modifying of Orthodox Parliamentary Sovereignty Through the Lens of Constitutional Statutes, Political Facts, and Executive Dominance (Jake Hinks) Part 2: Values, Principles and Rights 3. The Distinction Between Constitutional Values and Constitutional Principles (Antonios E. Platsas) 4. Culture Wars and Constitutional Identity: The Weaponisation of Constitutional Values (Ben Stanford) Part 3: The Protection of Constitutional Rights and Constitutional Values 5. ‘Most of the Benefits of a Written Constitution’ – Constitutional Statutes and the Principle of Legality (John McGarry and Sharon McAvoy) 6. Were We Really Ready for the Human Rights Act? (Steve Foster) 7. Protection of Judicial independence in Codified and Uncodified Constitutions (Piotr Mikuli) 8. Constitutional Statutes, Brexit and the Case for Codification (Gary Wilson)