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48 results

Page 1 of 3

  • DEFERENCE AND DUALISM ARE NOT FRIENDS OF THE EARTH

  • Andrew Sanger, Alison L. Young
  • Journal:
    The Cambridge Law Journal / Volume 82 / Issue 2 / July 2023
    Published online by Cambridge University Press:
    21 September 2023, pp. 195-199
    Print publication:
    July 2023
    • Article
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      • Open access
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  • STUCK AT A CROSSROAD? SUBSTANTIVE LEGITIMATE EXPECTATIONS IN ENGLISH LAW

  • Alison L. Young
  • Journal:
    The Cambridge Law Journal / Volume 80 / Issue S1 / September 2021
    Published online by Cambridge University Press:
    06 October 2021, pp. S179-S207
    Print publication:
    September 2021
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  • In “The Provenance and Protection of Legitimate Expectations” Forsyth argued that English law should protect substantive legitimate expectations. However, he was concerned that too great an expansion of legitimate expectations could lead to incoherence and intuitive decision-making. I argue that recent case law, and Forsyth's analysis, have clarified some of these inconsistencies. Nevertheless, the doctrine of legitimate expectations stands at a crossroads. Should it adopt a rules-based approach and narrow legitimate expectations, or a principled approach that embraces a broader conception? I argue that English law needs both for legitimate expectations effectively to balance legal certainty and substantive equality.

  • 5 - The European Dimensions

  • from Part I - Constitution, State and Beyond
  • Alison L. Young, University of Cambridge
  • Book:
    Turpin and Tomkins' British Government and the Constitution
    Published online:
    22 April 2021
    Print publication:
    01 April 2021, pp 342-436

  • Summary

    This chapter explains the evolving relationships between the UK and key European institutions - the European Union and the European Convention on Human Rights. It explains how the ECHR has redesigned its institutions to take account of the growth in case law and also to take account of concerns as to the right balance between providing a uniform protection of human rights across Europe and recognising cultural differences through developing a protocol on subsidiarity. It provides an account of the UK's membership of the EU, placing this in the context of the impact on the membership of the EU on the UK constitution. Moreover, it explains the path to Brexit, and provides an up-to-date account of legislation designed to implement Brexit and their constitutional consequences.

Turpin and Tomkins' British Government and the Constitution
  • Text and Materials
  • 8th edition
  • Alison L. Young
  • Published online:
    22 April 2021
    Print publication:
    01 April 2021
  • A lot has happened to the UK Constitution in the last seven years. We've witnessed the UK's exit from the EU, further devolution to Scotland and Wales, a number of prominent cases by the Supreme Court, two early parliamentary general elections, major governmental defeats and two Prime Ministerial resignations. Alison Young has built on the text of Colin Turpin and Adam Tomkins' earlier edition, keeping their unique historical and contextual approach, whilst bringing the material up to date with more contemporary examples, including references to Brexit, the recent prorogation and Brexit case law, and the Covid-19 pandemic. The book continues to include substantial extracts from parliamentary and other political sources as well as from legislation and case law. It also provides a full yet accessible account of the British constitution at the culmination of a series of dramatic events, on the threshold of possible further constitutional reform.

  • 9 - Parliament and the Responsibility of Government

  • from Part III - Accountability
  • Alison L. Young, University of Cambridge
  • Book:
    Turpin and Tomkins' British Government and the Constitution
    Published online:
    22 April 2021
    Print publication:
    01 April 2021, pp 674-784

  • Summary

    This chapter explores the role and powers of the UK Parliament, setting out the powers of the House of Commons and the House of Lords . It also provides an account of the extent to which Parliament can hold the government to account, focusing on recent examples of ministerial and prime ministerial resignations. It also provides an account of the impact of Brexit on the Westminster Parliament, including the enactment of private members' bills, votes of no confidence, governmental defeats and the reinterpretation of standing orders. It evaluates how far these changes stemmed from the combination of Brexit and a minority government.

  • 8 - Parties, Groups and the People

  • from Part III - Accountability
  • Alison L. Young, University of Cambridge
  • Book:
    Turpin and Tomkins' British Government and the Constitution
    Published online:
    22 April 2021
    Print publication:
    01 April 2021, pp 615-673

  • Summary

    This chapter provides an account of the role of political parties in the UK constitution, as well as explaining the move away from the Westminster Parliament being dominated by two major political parties with the rise and fall of the Liberal Democrats and the rise of the SNP. It sets out the Fixed-Term Parliaments Act 2011 and the Early Parliamentary General Elections Act 2019.

  • 1 - The British Constitutional Order

  • from Part I - Constitution, State and Beyond
  • Alison L. Young, University of Cambridge
  • Book:
    Turpin and Tomkins' British Government and the Constitution
    Published online:
    22 April 2021
    Print publication:
    01 April 2021, pp 3-49

  • Summary

    The chapter introduces the UK constitution, focusing on its non-codified nature and the way in which the UK, unlike other constitutions, has no developed understanding of the state. It explains both the strengths and weaknesses of a fluid, evolving constitution. It also sets the stage for the theme of the impact of Brexit on the UK constitution, which runs through the book as a whole. It also explains and evaluates recent constitutional change - from the Coalition Government onwards - and sets out possible future constitutional change.

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