Accountability in the Contemporary Constitution

Hardcover | December 14, 2013

EditorNicholas Bamforth, Peter Leyland

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Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance incontemporary circumstances with the declining power of social deference, the expanding reach of populist accountability mechanisms, and the increasing willingness of citizens to find mechanisms for challenging official decision-making. These essays, by public law scholars, seek to explore how ideas of and mechanisms associated with accountability play a part in the contemporary constitution. While the majority of contributors concentrate on the United Kingdom, others provide comparative discussion with particular reference to theUnited States and aspects of European Union law. The main focus of the volume is the contemporary UK constitution. Chapters are included which analyse the historical context (including the role of Dicey), common law constitutionalism, the constitutional role of Parliament, the constitutional role of the courts, judicial accountability, humanrights protection under the constitution and the contribution of non-judicial accountability mechanisms. Further chapters explore the public service principle, the impact of new public management on public service delivery, and the relationship between accountability and regulation. Finally accountability is discussed in the light of constitutional reform including the challenges posed by the 'multi-layered' government at the supra national level of EU membership and sub-national national levels of devolution and local government.

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Accountability is regarded as a central feature of modern constitutionalism. At a general level, this prominence is perhaps unsurprising, given the long history of the idea. However, in many constitutional democracies, including the UK and the USA, it has acquired a particular resonance incontemporary circumstances with the declining p...

Nicholas Bamforth is a Fellow in Law at The Queen's College, Oxford. His research focuses on public law, human rights, and discrimination law. His publications include: Patriarchal Religion, Sexuality and Gender: A Critique of New Natural Law (with D Richards) and Discrimination Law - Theory in Context: Text and Materials (with M Mal...

other books by Nicholas Bamforth

Format:HardcoverDimensions:500 pages, 9.21 × 6.14 × 0.01 inPublished:December 14, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199670021

ISBN - 13:9780199670024

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Table of Contents

Nicholas Bamforth and Peter Leyland: Introduction: Accountability in the Contemporary ConstitutionJohn Allison: The Spirits of the ConstitutionMark Tushnet: Judicial Accountability in Comparative PerspectiveTRS Allan: Accountability to LawSandra Fredman: Adjudication as Accountability: A Deliberative ApproachJeff King: The Instrumental Value of Legal AccountabilityAlison Young: Accountability, Human Rights Adjudication and the Human Rights ActPaul Craig: Accountability and Judicial Review in the UK and EU: Central PreceptsAndrew Le Sueur: Parliamentary Accountability and the Judicial SystemMark Elliott: Ombudsmen, Tribunals, Inquiries: Re-fashioning Accountability Beyond the CourtsNicholas Bamforth: Accountability of and to the LegislatureDawn Oliver: Accountability and the Foundations of British Democracy - the Public Interest and Public Service PrinciplesPeter Leyland: Multi-layered Constitutional Accountability and the Refinancing of Territorial Governance in the UKAnne Davies: Beyond New Public Management: Problems of Accountability in the Modern Administrative StateJulia Black: Regulatory Accountability: Capacities, Challenges, and ProspectsColm O'Cinneide: Legal Accountability and Social Justice