CONSTITUTIONAL and ADMINISTRATIVE LAW

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1 CONSTITUTIONAL and ADMINISTRATIVE LAW Guest (ed), Oxford Essays in Jurisprudence (1961) Gross and Harrison (eds), Jurisprudence: Cambridge Essays (1992) Paul, Miller and Paul (eds), What Should Constitutions Do? (2011) Galligan (ed), Administrative Law (Int Lib Essays in Law and Legal Theory, 1992) Cane (ed), Administrative Law (Int Lib Essays in Law and Legal Theory, 2nd series, 2002) Loveland (ed), Constitutional Law (Int Lib Essays in Law and Legal Theory, 2nd series, 2000) Constitution, 3rd ed (1994) Constitution, 4th ed (2000) Heuston, Sovereignty Marsh, The rule of law as a supra-national concept Marshall, Justiciability Allott, The theory of the British constitution Alexander, What are constitutions, and what should (and can) they do? Zuckert and Valenzuela, Constitutionalism in the age of terror Galston, Pluralist constitutionalism Fishkin, Deliberative democracy and constitutions Pincione, The constitution of nondomination Jaffe and Henderson, Judicial review and the rule of law: historical origins Griffith, Judicial decision-making in public law Galligan, Judicial review and the textbook writers Endicott, Questions of law Diver, Sound governance and sound law Allison, The procedural reason for judicial restraint Richardson and Sunkin, Judicial review: questions of impact Halliday, The influence of judicial review on bureaucratic decision-making Genn, Tribunals and informal justice Cross, The judiciary and public choice Bishop, A theory of administrative law Scott, Accountability in the regulatory state Freeman, Private parties, public functions and the new administrative law Raz, The rule of law and its virtue Heuston, Liversidge v Anderson in retrospect Wade, The basis of legal sovereignty Craig, Sovereignty of the United Kingdom Parliament after Factortame Allan, Law, convention, prerogative: reflections prompted by the Canadian constitutional case Bradley, The sovereignty of Parliament in perpetuity? Turpin, Ministerial responsibility Daintith, The techniques of government Ward, Devolution: Labour s strange constitutional design

2 Constitution, 5th ed (2004) Constitution, 6th ed (2007) Constitution, 7th ed (2011) Alexander (ed), Constitutionalism: Philosophical Foundations (1998) Bellamy (ed), Constitutionalism, Democracy and Sovereignty: American and European Perspectives (1996) Forsyth and Hare (eds), The Golden Metwand and the Crooked Cord: Essays on Public Law in Honour of Sir William Wade (1998) Jowell, The rule of law today Morison, Models of democracy: from representation to participation? Jowell, The rule of law and its underlying values Bradley, The sovereignty of Parliament form or substance? Lester, Human rights and the British constitution Craig, Britain in the European Union Feldman, The internationalization of public law and its impact on the UK Oliver, Reforming the United Kingdom Parliament Drewry, The executive: towards accountable government and effective governance? Hadfield, Devolution: a national conversation? Prosser, Regulation and legitimacy Birkinshaw, Regulating information Leopold, Standards of conduct in public life Michelman, Constitutional authorship Perry, What is the Constitution? (and other fundamental questions Raz, On the authority and interpretation of constitutions: some preliminaries Rubenfeld, Legitimacy and interpretation Sager, The domain of constitutional justice Waldron, Precommitment and disagreement Preuss, The political meaning of constitutionalism Kingdom, Rights discourse, new social movements and new political subjects Hart, Righting wrongs: the normality of constitutional politics Arthur, Judicial review, democracy and the special competency of judges Attwooll, A right to secede? Scotland reviewed Ferrajoli, Beyond sovereignty and citizenship: a global constitutionalism Allan, Fairness, equality, rationality: constitutional theory and judicial Cane, The constitutional and legal framework of policy-making Craig, Prerogative, precedent and power Hare, The separation of powers and judicial review for error of law Forsyth, The metaphysic of nullity invalidity, conceptual reasoning and the rule of law Laws, Wednesbury Sedley, The Crown in its own courts Beloff, Time, time, time s on my side, yes it is

3 Lewis, Damages and the right to an effective remedy for breach of European Community law Forsyth (ed), Judicial Review and the Constitution (2000) Forsyth et al (eds), Effective Judicial Review: A Cornerstone of Good Governance (2010) Oliver, Is the ultra vires rule the basis of judicial review? Forsyth, Of fig leaves and fairy tales: the ultra vires doctrine, the sovereignty of Parliament and judicial Craig, Ultra vires and the foundations of judicial Laws, Illegality: the problem of jurisdiction Elliott, The ultra vires doctrine in a constitutional setting: still the central principle of administrative law Bamforth, Ultra vires and institutional interdependence Dyzenhaus, Form and substance in the rule of law: a democratic justification for judicial Laws, Judicial review and the meaning of law Elliott, Fundamental rights as interpretative constructs: the constitutional logic of the Human Rights Act 1998 Sedley, Public power as private power Oliver, Review of (non-statutory) discretions Jowell, Of vires and vacuums: the constitutional context of judicial Elliott, Legislative intention versus judicial creativity? Administrative law as a co-operative endeavour Craig, Competing models of judicial Forsyth, Heat and light: a plea for reconciliation Allan, The rule of law as the foundation of judicial Bailey, Judicial review in a modern context Carnwath, No need for a single foundation Loughlin, Whither the constitution? Taggart, Ultra vires as distraction Wade, Constitutional realities and judicial prudence Craig, Political constitutionalism and judicial Harlow, Judicial review and administrative justice Rishworth and McClean, Human rights obligations in the private sector Cane, Judicial review in the age of tribunals Carnwath, Tribunal justice judicial review by another route Brown, The unaccountability of judges: surely their strength not their weakness Forsyth and Dring, The final frontier: the emergence of material error of fact as a ground for judicial

4 Elliott, Proportionality and deference: the importance of a structured approach Arancibia, The intensity of judicial review in the commercial context: deference and proportionality Huscroft (ed), Expounding the Constitution: Essays in Constitutional Theory (2008) Harlow (ed), Public Law and Politics (1986) McAuslan and McEldowney (eds), Law, Legitimacy and the Constitution (1985) Campbell, Ewing and Tomkins (eds), The Legal Protection of Human Rights: Sceptical Essays (2011) Smith, What does constitutional interpretation interpret? Waldron, Do judges reason morally? Waluchow, Constitutional morality and Bills of Rights Alexander, Constitutions, judicial review, moral rights, and democracy: disentangling the issues Dyzenhaus, The incoherence of constitutional positivism Allan, The travails of Justice Waldron Kavanagh, Deference or defiance? The limits of the judicial role in constitutional adjudication Allan, Constitutional justice and the concept of law Walters, Written constitutions and unwritten constitutionalism Goldsworthy, Unwritten constitutional principles Minogue, What is wrong with rights McAuslan and McEldowney, Legitimacy and the constitution: the dissonance between theory and practice McEldowney, Dicey in historical perspective a review essay Harlow, Power from the people? Representation and constitutional theory Lustgarten, Democratic constitutionalism and police governance Prosser, Democratisation, accountability and institutional design: reflections on public law Tomkins, Parliament, human rights, and counterterrorism Hiebert, Governing like judges? Geddis, Inter-institutional rights dialogue under the New Zealand Bill of Rights Act Allan, Statutory bills of rights: you read words in, you read words out, you take Parliament s clear intention and shake it all about doin the Sankey hanky panky Mahoney, Constitutionalism, the rule of law, and the cold war Ewing, The cold war, civil liberties, and the House of Lords McColgan, Lessons from the past? Northern Ireland, terrorism now and then, and the Human Rights Act

5 Hirschl and Rosevear, Constitutional law meets comparative politics: socio-economic rights and political realities Nicol, Business rights as human rights Douglas-Scott, Freedom, security and justice in the European Court of Justice: the ambiguous nature of judicial Tushnet, The political institutions of rights protection Evans & Evans, Messages from the front line: Parliamentarians perspectives on rights protection Tuori, Judicial constitutional review as a last resort Waldron, Rights and the citation of foreign law Morgan, Amateur operatics: the realization of Parliamentary protection of civil liberties Campbell, Parliamentary review with a democratic charter of rights Gearty, Beyond the Human Rights Act Andenas and Fairgrieve (eds), Tom Bingham and the Transformation of the Law (2009) Harlow, Pearson and Taggart (eds), Administrative Law in a Changing State: Essays in Honour of Mark Aronson (2008) Arden, On liberty and the European Convention on Human Rights Clarke and Sorabji, The rule of law and our changing constitution Clayton and Tomlinson, Lord Bingham s contribution to the HRA Craig, Substance and procedure in judicial Gleeson, The virtue of clarity Jowell, What decisions should judges not take? Oliver, The United Kingdom constitution in transition: from where to where? Sales, The general and the particular: Parliament and the courts under the scheme of the European Convention on Human Rights Sedley, The history of public law: why it went to sleep like a lamb and re-awoke like a giant in the course of the 20th century Keene, The independence of the judge Breyer, Economic reasoning and judicial Slaughter, Shielding the rule of law Zencovich, The rule of law in comparative perspective Poole, Between the devil and the deep blue sea: administrative law in an age of rights Beatson, Interpretative obligations as constitutional tools Spigelman, The equitable origins of the improper purpose ground McLean, The Crown in the courts: can political theory help? Taggart, Common law price control, state-owned enterprises and the level playing field

6 Rawlings, Poetic justice: public contracting and the case of the London tube Cane, Understanding administrative adjudication Pearson, Fact-finding in administrative tribunals Stuhmcke, Ombudsmen and integrity Creyke and McMillan, Soft law v hard law Rose-Ackerman and Lindseth (eds), Comparative Administrative Law (2011) Fenwick, Phillipson and Masterman (eds), Judicial Reasoning under the UK Human Rights Act (2011) Ginsburg, Written constitutions and the administrative state: on the constitutional structure of administrative law Ackerman, Good-bye Montesquieu Magill and Ortiz, Comparative positive political theory Zwart, Overseeing the executive: is the legislature reclaiming lost territory from the courts? Sossin, The puzzle of administrative independence and parliamentary democracy in the common law word: a Canadian perspective Merrill, The origins of American-style judicial Cane, Judicial review and merits review: comparing administrative adjudication by courts and tribunals Craig, Judicial review of questions of law: a comparative perspective Barak-Erez, Three questions of privatization Auby, Contracting out and public values : a theoretical and comparative approach Napolitano, The role of the state in (and after) the financial crisis: new challenges for administrative law Warbrick, The system of the European Convention on Human Rights and the Human Rights Act: the view from outside Masterman, Aspiration or foundation? The status of Strasbourg jurisprudence and the Convention rights in domestic law Feldman, Institutional roles and meanings of compatibility under the Human Rights Act 1998 Kavanagh, Choosing between sections 3 and 4 of the Human Rights Act 1998: judicial reasoning after Ghaidan v Mendoza Phillipson, Clarity postponed? Horizontal effect after Campbell and Re S Leigh, The standard of judicial review and judicial reasoning after the Human Rights Act Keene, Principles of deference under the Human Rights Act Fenwick, Judicial reasoning in clashing rights cases

INDEX. Note: Legislative measures are UK unless otherwise stated

INDEX. Note: Legislative measures are UK unless otherwise stated INDEX Note: Legislative measures are UK unless otherwise stated abortion, legalisation of 35 Act of Settlement 1701 27, 30, 147, 209 Acts of Parliament challenges to legality 105 13 compatibility with