Administrative / Constitutional Law Law Monthly List of Titles published under HK and UK Jurisdictions

Constitutional Values, Identities and Rights: Realisation and Protection in Codified and Uncodified Constitutions

By John McGarry
Routledge December 2025

Specifications

ISBN-13
9781032737485
Publisher
Routledge
Publication
December 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 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
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