constitutional and administrative law • Details of the Treaty of Lisbon and further developments relating to EU enlargement and reform of its decision-making processes • The continuing debate and further proposals for reform of the House of Lords • Recent changes to the parliamentary and legislative processes including legislative reform orders • Important case law developments concerning the rules of parliamentary privilege, the extent of the Crown’s remaining legislative prerogatives and of the prerogative in foreign affairs, the extra-territorial application of the Human Rights Act, and judicial interpretation of the recent anti-terrorist legislation • Content of the new broadcasting code • The newly created system of statutory tribunals www.mylawchamber.co.uk/carroll In addition the text offers a wealth of study support that includes: This text is supported by a mylawchamber website which includes: About the author For lecturers: a testbank of multiple-choice questions that can be used to assess students’ progress A R C AS E V I G AT O powered by Visit www.pearsoned.co.uk/casenavigator for unique online support that helps improve case reading and analysis skills in Constitutional and Administrative Law The LexisNexis element of Case Navigator is only available to those who currently subscribe to LexisNexis Butterworths services carroll alex carroll, MPhil, LLB, Cert Ed, was formerly Senior Lecturer in Law at Manchester Metropolitan University He has also taught at the University of Manchester, Keele University, and the University of Hong Kong For students: regular case and legislation updates, web links, interactive self-test questions, practice assessment questions, an online glossary and flashcards for key terms N • Clearly distinguished case summaries that enable students to quickly recognise the key cases and differentiate them from surrounding commentary • Chapter summaries that highlight the main points covered in each chapter, cementing understanding • Further reading lists at the end of each chapter that direct students to subject-specific resources to enrich understanding • Easy-to-read, two-colour text design with tabbed glossary and pedagogical features for quick reference • Marginal cross-references that help students understand how the material fits together R A N alex carroll constitutional and administrative law This new edition has been thoroughly revised and fully updated to include: th editi o n th edition 5th edition Constitutional and Administrative Law, now in its fifth edition, offers an up-to-date, interesting and inquiring treatment of this wide-ranging and dynamic subject This text is designed to meet the needs of modular course structures at undergraduate and diploma level The mass of new legislation in the area is considered alongside the various political, social and cultural factors that have shaped them C AS E V I G AT O POWERED BY alex carroll constitutional and administrative law www.pearson-books.com Cover © Getty Images CVR_CARR9116_05_SE_CVR.indd 25/3/09 10:14:33 CONA_A01.qxd 3/19/09 3:06 PM Page i Constitutional and Administrative Law CONA_A01.qxd 3/19/09 3:06 PM Page ii =fle[Xk`feJkl[`\j`eCXnJ\i`\j Ni`kk\en`k_c\Xie`e^`ed`e[#k_\j\k\okjXccfnjkl[\ekjkf^X`eXjfc`[ le[\ijkXe[`e^f]k_\cXn%[...]... compilation and production Particular and belated thanks is due to Mr R H Buckley, one-time Principal Lecturer in Law at Manchester Metropolitan University, for all his help and advice over the years and for first exciting the author’s interest in the subject Alex Carroll xx CONA_A01.qxd 3/19/09 3:06 PM Page xxi Table of cases Visit the Constitutional and Administrative Law, Fifth Edition, mylawchamber... CONTENTS Judicial decisions Constitutional conventions European Union law European Convention on Human Rights The law and custom of Parliament 54 56 64 65 66 Summary References Further reading 66 66 67 Part 2 Parliament and the European Union 4 The European Union: institutions of government and sources of law 71 Origins and development Institutions of law and government Sources of EU law 71 76 83 Summary... topic and read those articles which will help you to gain higher marks in both exams and assessments xviii Amos (2006) Human Rights Law: A Textbook for UK Lawyers, London: Hart Publishing Loveland (1996) Constitutional Law: A Critical Introduction, London: Butterworths Rowe and Hoffman (2003) Human Rights in the United Kingdom, London: Longman Further reading Gordon and Ward (2000) Judicial Review and. .. in constitutional and administrative law l Check updates to major changes in the law to make sure you are ahead of the game by knowing the latest developments l Live weblinks direct you to online resources where you can read more widely around the subject l Use the online glossary for quick reference to key terms in constitutional and administrative law l Use the flashcards to improve your recall and. .. Local Administration The Northern Ireland Ombudsman The Pensions Ombudsman The Legal Services Ombudsman The Prisons Ombudsman 605 606 614 615 618 618 618 619 Summary References Further reading 619 619 619 Glossary Index xvi 605 621 634 CONA_A01.qxd 3/19/09 3:06 PM Page xvii Visit the Constitutional and Administrative Law, Fifth Edition, mylawchamber site at www.mylawchamber.co.uk/carroll to access valuable... in constitutional and administrative law Case Navigator provides access and guidance to key cases in the subject to improve your case reading and analysis skills xix CONA_A01.qxd 3/19/09 3:47 PM Page xx Preface This book has been written for students undertaking legal studies at undergraduate level and those pursuing similar courses which include constitutional and administrative law as a core component... form the essential core of most constitutional and administrative law syllabi currently taught in further and higher education institutions Recent years have witnessed many significant changes to the law and the practise of the British constitution Detailed comment on these changes has been included notwithstanding that in some contexts, e.g those of the House of Lords and of the European Union, the... clearly or those which exemplify their most recent application Constitutional and administrative law cannot be fully understood without reference to the nation’s political history and its social and cultural development The subject is also of great topical interest and is in a constant process of change and adjustment with many of its principles and cases resulting from, or relating to, recent political... flashcards to improve your recall and comprehension of key titles in constitutional and administrative law l Worried about getting to grips with cases? Case Navigator* This unique online support helps you to improve your case reading and analysis skills l l l l Direct deep links to the core cases in constitutional and administrative law Short introductions that provide guidance on what you should look... royal prerogative 247 Nature and significance History Principal remaining prerogatives The prerogative and statute The prerogative and the courts 247 249 252 258 259 Summary References Further reading 265 265 265 13 Legal liability of the Crown and public authorities 267 Introduction: the Crown Proceedings Act 1947 Statutory duties and powers: private law liability Negligence and statutory powers Remedies ... principles Introduction to constitutional and administrative law The characteristics of the constitution Sources of constitutional and administrative law Part Parliament and the European Union The... reference to key terms in constitutional and administrative law l Use the flashcards to improve your recall and comprehension of key titles in constitutional and administrative law l Worried about... cases Visit the Constitutional and Administrative Law, Fifth Edition, mylawchamber site at www.mylawchamber.co.uk/carroll to access unique online support to improve your case reading and analysis