Key Ideas in Law: The Rule of Law and the Separation of Powers

This book examines the rule of law and separation of powers in the UK post-Brexit and COVID-19 pandemic, highlighting the importance of accessibility, justice, and democracy.

Format: Paperback / softback
Length: 192 pages
Publication date: 29 July 2021
Publisher: Bloomsbury Publishing PLC

This book delves into the intricate interplay of two fundamental constitutional principles, the rule of law and separation of powers, in the context of the events following the 2016 referendum on EU membership and the COVID-19 pandemic. Written by one of the foremost public lawyers of our time, it offers a comprehensive examination of the generality, certainty, and predictability of law, the relationships between the various branches of the state, and the mechanisms of accountability within our democratic system.

Since the referendum and in the wake of the pandemic-imposed restrictions, attention has shifted to the dynamics and respective powers and competencies of the three branches of the state: the legislature, the executive, and the judiciary. These developments have also placed unprecedented strains on our unwritten constitution, challenging the established norms of governance.

Recent litigation, particularly the decisions on whether legislation was necessary to notify the UK's intention to leave the EU and whether the prorogation of the Westminster Parliament in 2019 fell within the jurisdiction of the courts or was a political matter for the government, has vividly showcased the role of the courts and the rule of law.

Against this backdrop, the book addresses several key questions: How accessible is the law and how does it prevent arbitrariness? How is access to justice safeguarded? How does our constitution reflect the separation of powers and the balance of responsibilities between law and politics? How does our democracy enable majorities and protect minorities?

The author employs a rigorous analytical approach, drawing on a wealth of legal and constitutional expertise, to provide insightful answers to these questions. The book offers valuable insights into the foundations of our democratic society and the mechanisms that ensure its stability and resilience. It is a must-read for anyone interested in understanding the intricacies of our legal and political system and the challenges we face in the years to come.

Weight: 256g
Dimension: 138 x 213 x 15 (mm)
ISBN-13: 9781509938773