Accountability in the Contemporary Constitution

Author: Nicholas Bamforth; Peter Leyland
Publisher: Oxford University Press
ISBN: 9780199670024
Published In: November 2013
Format: Hardback , 432 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Explores the central concept of accountability in the constitutional law of the United Kingdom
Traces the historical development of, and theoretical debates on, accountability in public law
Examines the role of judges and the relationship between the judicial and political aspects of the constitution
Includes contributions from leading scholars in constitutional law

Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance in contemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to the United States and aspects of European Union law.

The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, human rights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

Readership: Academics and students of public law and constitutional politics, and practitioners in the field of public law

Nicholas Bamforth and Peter Leyland: Introduction: Accountability in the Contemporary Constitution
John Allison: The Spirits of the Constitution
Mark Tushnet: Judicial Accountability in Comparative Perspective
TRS Allan: Accountability to Law
Sandra Fredman: Adjudication as Accountability: A Deliberative Approach
Jeff King: The Instrumental Value of Legal Accountability
Alison Young: Accountability, Human Rights Adjudication and the Human Rights Act
Paul Craig: Accountability and Judicial Review in the UK and EU: Central Precepts
Andrew Le Sueur: Parliamentary Accountability and the Judicial System
Mark Elliott: Ombudsmen, Tribunals, Inquiries: Re-fashioning Accountability Beyond the Courts
Nicholas Bamforth: Accountability of and to the Legislature
Dawn Oliver: Accountability and the Foundations of British Democracy - the Public Interest and Public Service Principles
Peter Leyland: Multi-layered Constitutional Accountability and the Refinancing of Territorial Governance in the UK
Anne Davies: Beyond New Public Management: Problems of Accountability in the Modern Administrative State
Julia Black: Regulatory Accountability: Capacities, Challenges, and Prospects
Colm O'Cinneide: Legal Accountability and Social Justice

Edited by Nicholas Bamforth, Fellow in Law, The Queen's College, Oxford, and Peter Leyland, Professor of Public Law, London Metropolitan University

Nicholas Bamforth is a Fellow in Law at The Queen's College, Oxford. His research focuses on public law, human rights, and discrimination law. His publications include: Patriarchal Religion, Sexuality and Gender: A Critique of New Natural Law (with D Richards) and Discrimination Law - Theory in Context: Text and Materials(with M Malik and C O'Cinneide, 2008).

Peter Leyland is Professor of Public Law at London Metropolitan University. He co-edits the Constitutional Systems of the World series and is the author of numerous books and articles on constitutional law, administrative law, and comparative public law, including The Constitution of the United Kingdom: A Contextual Analysis (2012) and Textbook on Administrative Law (7th edition, with G Anthony, 2012). Nicholas Bamforth and Peter Leyland jointly edited Public Law in a Multi-Layered Constitution (2003).

Contributors:
TRS Allan, Professor of Jurisprudence and Public Law, University of Cambridge, and Fellow of Pembroke College, Cambridge
John Allison, University Senior Lecturer, University of Cambridge School of Law, and Fellow of Queens' College, Cambridge
Nicholas Bamforth, Fellow in Law at Queen's College, Oxford
Julia Black, Professor of Law, London School of Economics
Paul Craig, Professor of English Law, St John's College, Oxford
Anne Davies, Professor of Law and Public Policy, University of Oxford, and Fellow of Brasenose College
Mark Elliott, Reader in Public Law, University of Cambridge and Fellow of St Catharine's College, Cambridge
Sandra Fredman, Rhodes Professor of the Laws of the British Commonwealth and the United States, University of Oxford, and Fellow of Pembroke College, Oxford
Jeff King, Senior Lecturer in Law. University College London
Andrew Le Sueur, Professor of Public Law, Queen Mary College, University of London
Peter Leyland, Professor of Public Law, London Metropolitan University
Colm O'Cinneide, Reader in Law, University College London
Dawn Oliver, Emeritus Professor of Constitutional Law, University College London
Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School
Alison Young, Senior Law Tutor, Hertford College, Oxford