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Key Ideas in Law

This book explores several key ideas relating to the 'principle of legality'. In the United Kingdom, the 'principle of legality' is an interpretive tool applied by courts to legislation that is deemed to be unclear. The term is used as shorthand for both the idea that Parliament may only override fundamental legal or constitutional norms using clear legislation. It also encapsulates the idea that courts can 'read down' or narrow the effect of general or ambiguous legislation to protect fundamental common law norms. These deceptively simple notions have a rich and complex historical pedigree. Since the end of the twentieth century, a 'breach of the principle of legality' has become a discrete ground of judicial review rooted in the common law. But its status, definition, and reach all remain deeply contested. In recent years, recourse to 'the principle of legality' in public law claims has become increasingly controversial. As the corpus of case law has grown, the application of the 'principle of legality' has been identified by judges, academics, and politicians as both a source of legal uncertainty in its own right, and a vehicle for potential judicial overreach. By building on a rigorous analysis of relevant case law, this book considers the intellectual foundations of 'the principle of legality'. As the analysis unfolds, we will see that there is no singular 'principle of legality' which we can accurately pinpoint. Instead, it makes sense to talk about multiple principles of legality, doing distinct, but related, work. This becomes apparent when we explore the history of the principles of legality in the context of not just public law, but the wider legal system. Moving beyond the historical context, the book explores where and how the principles of legality apply in the contemporary legal system. Subsequent chapters explore the difficulties and uncertainties of determining whether the principles of legality are engaged. Thereafter, attention turns to what norms legality does and does not protect and how courts decide upon this. The final chapter sets the principles of legality in their broader constitutional context. Overall, it will demonstrate that concerns about relating to judicial overreach are overstated. In fact, the reverse is true: the application of the principles of legality do introduce a dimension of legal uncertainty, but ultimately fall short of their constitutional potential.

Key Ideas in Law: The Principle of Legality

Penguin Monarchs

When Henry IV seized the throne from his cousin Richard II, people saw it as a hopeful new beginning for England. The first monarch to have English as his mother tongue since the Norman conquest, Henry seemed to embody the ideals of chivalric kingship: mercy, piety, military prowess and learning. Yet deposing a crowned monarch was not a stable foundation on which to build a reign. Henry IV found himself challenged from all sides, plagued by conspiracies, rebellions, assassination attempts and crippling debts, while his tense relationships with Parliament and with his own son, Shakespeare's Prince Hal, saw his grip on power falter. Nevertheless, he was the first king and founder of a Lancastrian dynasty which would go on to shape England for centuries to come. In this lively study, Catherine Nall reappraises a monarch who weathered upheaval and uncertainty and held on to the throne through sheer force of will.

The Afflicted King

Henry IV (Penguin Monarchs)

DI Joe Plantagenet

The sixth book in the Detective Inspector Joe Plantagenet crime series set in Yorkshire, from million-copy-bestselling author Kate Ellis.

The brand new book in the DI Joe Plantagenet crime series

Killing in the Shadows

Love at First Bite

Not since Antonia Fraser's major biography (1975) has there been a life of Cromwell so sympathetic to its subject and based on so many years of scholarship and research. As General Editor for Oxford University Press of the five-volume edition of all the recorded words (writings and recorded speech acts) of Oliver Cromwell, Professor Morrill is perfectly equipped to write this biography. He argues that Cromwell has been seriously misinterpreted by historians, not least by left-wing thinkers such as Tony Benn, who claim Cromwell as their own and thus misunderstand the nature of Cromwell's political thought. This was a product of his religious ideas, and, argues the author, in this Cromwell was entirely sincere. After the Siege of Drogheda he murdered 3,000 people and Catholic clergy and the religious were killed on sight. He cast a long shadow over Irish history which appears to many to verge on genocide, but with this and the signing of the act of execution of Charles I, Cromwell never doubted that he was doing God's will. Morrill's book sheds exciting new light on Cromwell, both political and religious, and is based on the latest scholarship of the highest quality. Morrill argues against contemporary critics and claims that Cromwell was a man of fundamental sincerity and devotion to high Puritan principles.

The brave, bad man of British history

Oliver Cromwell

The rise in the use of private prosecution is of increasing importance to criminal practitioners as well as civil litigators and commercial practitioners. This book sets out the history of private prosecutions, the statutory bases and the practical issues involved in bringing and conducting a private prosecution. The step-by-step approach begins with the laying of the information and the subsequent issuing of the summons, followed by the investigation process and the gathering of evidence through to the trial process and procedure itself. In addition the work includes the important related aspects of disclosure, costs and confiscation. Extensive use of case law and reference to related literature and statutes, as well as the inclusion of precedents, ensures a comprehensive single source for both the less experienced practitioner taking their first steps into private prosecutions and for the more experienced practitioner as a handy reference source for court.

The Law and Practice of Private Prosecutions

Politics, Culture and Society in Early Modern Britain

The Deistic Reception of Thomas Hobbes, c. 1670–1740

Anticlerical Legacies

Analyses in full the matters relating to the regulation of international trade under UK legislation, including coverage of geo-political situations such as the war in the Ukraine.

The UK Regulation of International Trade

Print Culture and Communication in the Stuart World explores the historiographical developments in the field and explains that print culture in Britain and Ireland was not an isolated phenomenon but a culture that operated within European and colonial contexts. The book is divided into five parts Communication and Print: HistoriansâEUR(TM) and Our Sources, Composition to Dissemination: The Mechanics of Communication in the Stuart World Beyond Print, Print and the State, Print and the Creation, Propagation and Elimination of Alien Cultures and British and Irish Print Culture in a European and Global Context. This book is perfect for students of early modern Britain and print culture.

An Introduction

Print Culture and Communication in the Stuart World

Murciélago

Murciélago 23

Second Sons

Alcott Hall

This book charts the history of youth justice in England and Wales, from its early distinction from adult justice in the early nineteenth century to the present day, and considers lessons from the past that may be useful for future policy.

A History of Youth Justice

Moornacht

Informations bibliographiques

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