A great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy?
This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.
Edited by:
Professor David Feldman
Imprint: Hart Publishing
Country of Publication: United Kingdom
Edition: New as Paperback
Dimensions:
Height: 244mm,
Width: 169mm,
Spine: 18mm
Weight: 481g
ISBN: 9781849469906
ISBN 10: 1849469903
Series: Hart Studies in Constitutional Law
Pages: 294
Publication Date: 05 November 2015
Audience:
Professional and scholarly
,
Undergraduate
Format: Paperback
Publisher's Status: Active
Part 1: Introduction 1. Beginning at the Beginning: The Relationships between Politics and Law David Feldman Part 2: Lawyer-Politicians 2. Lawyers, MPs and Judges Ross Cranston 3. Lawyers in the House of Commons David Howarth 4. The Form and Language of Legislation Alan Rodger Part 3: Lawyers Advising Government 5. Legislation and Politics Stephen Laws 6. Whitehall, Transparency, and the Law David Seymour 7. The Role of Public International Lawyers in Government Michael Wood 8. Government Legal Advisers through the Ethics Looking Glass Matthew Windsor Part 4: Politics and Legal Change 9. Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke and Hector MacQueen 10. Parliament Act 1911 in its Historical Context Philip Norton 11. The Parliament Act 1949 Chris Ballinger 12. The Realities of the Parliament Act 1911 Daniel Greenberg 13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri Walters Part 5: Politics, the Constitution, and Beyond 14. International Law and Great Power Politics Matthew Parish 15. Law and Democracy in a Human Rights Framework Philip Sales 16. Politics, Law and Constitutional Moments in the UK Dawn Oliver 17. Looking Back and Moving On David Feldman
David Feldman is the Rouse Ball Professor of English Law at the University of Cambridge and a Fellow of Downing College.
Reviews for Law in Politics, Politics in Law
I do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area. -- Saira Salimi Statute Law Review, Volume 35, Number 2 One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here. -- Joseph Tomlinson The Journal of Legislative Studies, 2014 Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject. -- Christopher May Political Studies Review This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them -- Mark Davies The Table The book provides well-rounded insight into the intricate relationship between Politics and Law. -- J. Kern European Review of Public Law
