Format:
1 Online-Ressource (242 pages)
ISBN:
9781786831231
,
1786831236
Content:
This book provides a historical, political and legal analysis of the sweeping contemporary transformation of the British and French constitutional frameworks, which culminated in the 2016 referendum on Britain's EU membership. It offers a unique Franco-British perspective on unprecedented constitutional change with a particular emphasis on Wales
Note:
A formal separation between the judiciary and the legislature with the Constitutional Reform Act (2005)
,
Cover; Title Page; Copyright Page; Dedication; Contents; List of Abbreviations; Foreword; Introduction; Chapter One: Constitutional Change: Codifying the British Constitution, Rewriting the French; The French constitution as a living organism and the British constitution in flux; Amending the British constitution; Revising the constitution of the 'one and indivisible' Republic; Unprecedented constitutional change: towards a constitutional revolution?; Conclusion; Chapter Two: The French Presidency and the British Monarchy: Changed and yet Unchanging Institutions
,
An unbalanced executive-legislative relationship: a common area of concernThe search for the perfect constitution: French hesitations between a presidential regime and a British type of parliamentary regime; Blurred lines between the Head of State and the Head of Government; The nomination of French and British Prime Ministers; The lack of a clear mandate for the French and British Prime Ministers; The presidential drift of the French system and the all-powerful British Prime Minister; The non-accountability of the French President and the British monarch
,
The immunity from suit of the French and British Heads of StateThe French President's political interference and the lobbying practices of the monarch-in-waiting; Conclusion; Chapter Three: Emancipating and Reforming Parliaments in France and the United Kingdom; Rationalised parliamentarianism: its decline in France and its emergence in Britain; Reactivating conventions and constitutional practice in French and English parliamentary law; Reviving bicameralism in the United Kingdom and France; Undemocratically elected yet more legitimate second chambers
,
The House of Lords and the French Senate as counter-powers and custodians of freedoms and stabilityRevisiting the myth of the non-reform of the Senate and the House of Lords; The abolition of the hereditary principle and the end of a structural Conservative majority; The shorter, more democratic mandate of French senators and a better representation of urban constituencies; The election process of French senators partly based on PR and the failed attempt at introducing a form of PR in the UK Parliament; A French Senate-type upper limit as a potential solution for an ever-growing Lords
,
Failed attempts at introducing PR in the French National Assembly and in the CommonsStrengthening parliamentary control over the executive; French 'Questions to the Government' and Prime Minister's Questions in the UK; French and British committees as the cornerstone of parliamentary life; Conclusion; Chapter Four: Better Protecting Human Rights and Strengthening an Independent Judiciary; Asserting the unity of the English judiciary compared with the French division of courts; Strengthening the independence of the judiciary in England and France
Additional Edition:
Erscheint auch als Druck-Ausgabe Gibson-Morgan, Elizabeth Constitutional Reform in Britain and France : From Human Rights to Brexit Cardiff : University of Wales Press, ©2017
Language:
English
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