Constitutional and Administrative Law

889 Pages·2021·22.718 MB·English

by  Alex Carroll

Constitutional and
Administrative Law
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Tenth Edition
Constitutional and
Administrative Law
ALEX CARROLL
Harlow, England • London • New York • Boston • San Francisco • Toronto • Sydney • Dubai • Singapore • Hong Kong
Tokyo • Seoul • Taipei • New Delhi • Cape Town • São Paulo • Mexico City • Madrid • Amsterdam • Munich • Paris • Milan
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PEARSON EDUCATION LIMITED
KAO Two
KAO Park
Harlow
CM17 9NA
United Kingdom
Tel: [phone]
Web: www.pearson.com/uk
Previously published 1998, 2002, 2003, 2007, 2009, 2011 (print); 2013, 2015, 2017 (print and electronic)
Tenth edition published 2021 (print and electronic)
© Pearson Education Limited 1998, 2002, 2003, 2007, 2009, 2011 (print)
© Pearson Education Limited 2013, 2015, 2017, 2021 (print and electronic)
The right of Alex Carroll to be identified as author of this work has been asserted by him in accordance with the Copyright, Designs
and Patents Act 1988.
The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system, distribution or
transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission should be obtained from the
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Licensing Agency Ltd, Barnard’s Inn, 86 Fetter Lane, London EC4A 1EN.
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accordingly.
Contains public sector information licensed under the Open Government Licence (OGL) v3.0.
http://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/.
Contains Parliamentary information licensed under the Open Parliament Licence (OPL) v3.0.
http://www.parliament.uk/site-information/copyright/open-parliament-licence/.
Pearson Education is not responsible for the content of third-party internet sites.
ISBN: 978-1-292-28690-7 (print)
978-1-292-28692-1 (PDF)
British Library Cataloguing-in-Publication Data
A catalogue record for the print edition is available from the British Library
Library of Congress Cataloging-in-Publication Data
Names: Carroll, Alex, 1947- author.
Title: Constitutional and administrative law / Alex Carroll.
Description: Tenth Edition. | Hoboken : Pearson, 2021. | Includes index.
Identifiers: LCCN 2021013888 (print) | LCCN 2021013889 (ebook) | ISBN
9781292286907 (paperback) | ISBN 9781292286921 (ebook)
Subjects: LCSH: Constitutional law—Great Britain. | Administrative
law—Great Britain.
Classification: LCC KD3930 .C37 2021 (print) | LCC KD3930 (ebook) | DDC
342.41—dc23
LC record available at https://lccn.loc.gov/2021013888
LC ebook record available at https://lccn.loc.gov/2021013889
10 9 8 7 6 5 4 3 2 1
25 24 23 22 21
Front cover image Christophe Boisvieux/The Image Bank/Getty Images, matthewleesdixon/iStock/Getty Images Plus/Getty Images,
okeyphotos/E+/Getty Images, VisionsbyAtlee/iStock/Getty Images Plus/Getty Images
Print edition typeset in Stone Serif ITC Pro 9/12 by SPi Global
Printed and bound in Slovakia by Neografia
NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
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This book is dedicated to
my four sons:
Joe, Matthew, Daniel and Sam
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Brief contents
Foreword xvii
Table of cases xix
Table of statutes xliii
Table of statutory instruments liii
Table of treaties and conventions liv
Part 1 Foundations of the British system of
constitutional and administrative law 1
1 Introduction to constitutional and administrative law 3
2 The characteristics of the constitution 16
3 Fundamental constitutional doctrines 47
4 Sources of constitutional and administrative law 106
Part 2 The United Kingdom and the European Union 121
5 The European Union: British membership, institutions of
government and sources of law 123
6 Brexit (British withdrawal from the European Union) 154
Part 3 The composition and workings of Parliament 199
7 The franchise and the electorate 201
8 The House of Commons: Members of Parliament 211
9 The House of Commons: principal functions 221
10 The House of Lords 267
11 Parliamentary privilege 295
Part 4 The Executive 321
12 The Prime Minister and Cabinet 323
13 The royal prerogative 346
14 Legal liability of the Crown and public authorities 368
vii
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BRIEF CONTENTS
Part 5 Judicial supervision of executive power 407
15 Judicial review: nature and grounds for 409
16 Judicial review: applications for, exclusion of, and exclusivity 456
Part 6 Human rights 483
17 The European Convention on Human Rights 485
18 The Human Rights Act 1998 597
19 Police powers, personal liberty and privacy 647
20 Restrictions on the rights of freedom of assembly
and association 700
21 Restrictions on the rights of freedom of expression
and information 723
22 Freedom and emergency powers 767
Glossary 793
Index 806
Publisher’s acknowledgements 829
viii
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Contents
Foreword xvii
Table of cases xix
Table of statutes xliii
Table of statutory instruments liii
Table of treaties and conventions liv
Part 1 Foundations of the British system of
constitutional and administrative law 1
1 Introduction to constitutional and administrative law 3
Objectives 3
What is a constitution? 3
The British constitution 4
The cultural dimension 4
Distinguishing between constitutional law and administrative law 5
The terminology of constitutional and administrative law 5
The geography of the constitution 12
The European dimension 14
Summary 14
Further reading 15
2 The characteristics of the constitution 16
Objectives 16
Introduction 16
The unwritten constitution 16
Flexibility 20
Unitary 21
Constitutional monarchy 32
Bicameral sovereign Parliament 36
Representative democracy 36
Responsible government 40
The European Convention on Human Rights 45
Summary 45
References 45
Further reading 45
ix
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