The English Judges: Their Role in the Changing Constitution

Front Cover
Hart Publishing, Apr 15, 2005 - Law - 209 pages
In this new book Robert Stevens looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century. He examines current debates about the position of the judges in the light of the possible future role of the judiciary in the Constitution. The centrepiece of the book is a detailed study of the political influences on the judiciary and the influence the judiciary has had on politics in the 20th Century. It concludes with a series of proposed reforms to ensure that the English judiciary will both maintain its strength but enhance its utility in the 21st Century. It offers no simple-minded argument for separation of powers but analyses what is needed to clarify the balance of powers and to advance the debate about the role of an unelected judiciary in an increasingly democratic society.

From inside the book

Contents

the Act of Settlement and the Emergence of the Balance of Powers
1
2 19001960 The Declining Role of the English Judiciary
14
3 The Gradual UTurn
30
4 The Years of Conservative Government 19791997
45
5 Jurisprudence or Politics
62
the Independence of Individual Judges
76
The Judges as a Separate Branch of Government?
89
8 New Labour in Power
100
9 The Second Coming
119
10 The Future
137
The Future is the Present
154
Bibliography
195
Index
203
Copyright

Common terms and phrases

About the author (2005)

Robert Stevens is Herbert Smith Freehills Professor of English Private Law at the University of Oxford, and Fellow of Lady Margaret Hall, Oxford. Photo courtesy of Faculty of Law, University of Oxford.

Bibliographic information