Constitutional and administrative law: general Books

Book SynopsisThe CFRs are authored by the Office of the Federal Register.

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Book SynopsisThis book provides a concise and usable overview of the practical implications of important public sector United States federal, state, and municipal laws and standards related to information governance, as they pertain to librarians, research staff, universities, corporate regulatory managers, and public-sector information governance professionals. It is the first in a series of two volumes addressing public sector information governance compliance matters from the perspective of our target audience.Topics addressed in the book include: the evolving role of librarians and the need for librarians and legal researchers to understand the principles of information governance, the importance of broad-based regulatory IG principles such as the Federal Records Act, the Paperwork Reduction Act of 1980 and 36 CFR Chapter XII, Subchapter B – Records Management, that have been promulgated by various federal government agencies in framing public-sector IG principles, a survey of interpretive surveys from the Office of Management and Budget (OMB) that further elucidate the core IG principles applicable to public sector stakeholders, case studies detailing the application of important IG principles by federal agencies and bodies, and a survey of important IG issues facing state and local governments.

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Book SynopsisThe aftermath of recent Kenyan elections has been marred by violence and an apparent crisis in democratic governance, with the negotiated settlement resulting from the 2007 election bringing into sharp focus longstanding problems of state and society. The broader reform process has involved electoral, judicial and security-sector reforms, among others, which in turn revolve around constitutional reforms. Written by a gathering of eminent specialists, this highly original volume interrogates the roots and impact of the 2010 constitution. It explains why reforms were blocked in the past but were successful this time around, and explores the scope for their implementation in the face of continued resistance by powerful groups. In doing so, the book demonstrates that the Kenyan experience carries significance well past its borders, speaking to debates surrounding social justice and national cohesion across the African continent and beyond.Trade ReviewThis excellent collection sets out the context required to understand the importance of implementing Kenya's new constitution, and highlights the various barriers and obstacles to achieving the same. As such, the book provides a timely contribution to academic debates, as well as a call to action for all those interested in protecting Kenya's recent constitutional gains and promoting constitutionalism. * Gabrielle Lynch, associate professor of comparative politics, University of Warwick *With helpful chapters on elite politics, the security situation, and the process of constitution making, this is essential reading for anyone who seeks a complete understanding of the "Kenya crisis" and what followed. It is not possible to understand the politics of contemporary Kenya without this back story. * Nic Cheeseman, director of the African Studies Centre, University of Oxford *Murunga, Okello and Sjögren demonstrate that as protracted, engaged and contradictory as the effort to achieve a new constitution was, its enactment marks only the next stage of a struggle that is far from over. The Struggle for a New Constitutional Order is not simply a chronicle of a bitter history; it is more tellingly a forecast of considerably more political drama to come. * Professor Joe Oloka-Onyango, Makerere University *Murunga, Okello and Sjögren - all with intimate knowledge of Kenya's struggle for democracy - have edited an epic work of the intellect. In these pages, they and the authors bring to life the tortured but vital peaks and valleys of the yearning of the Kenyan people to live free of autocracy and illiberalism. Some of the authors, like Yash Ghai, are synonymous with the making of Kenya's constitution. * Professor Makau Mutua, State University of New York Buffalo *Table of ContentsIntroduction: Towards a New Constitutional Order in Kenya - Godwin R. Murunga, Duncan Okello and Anders Sjögren Part I: Contexts and Actors in the Making of a New Constitution 1. The Protracted Transitions to the Second Republic in Kenya - Paul Tiyambe Zeleza 2. Fuelling the Violence: The Print Media in Kenya's Volatile 2007 Post-Election Violence - Sammy Gakero Gachigua 3. Mediating Kenya's Post-Election Violence: From a Peace-Making to a Constitutional Moment - E. Njoki Wamai 4. Instrumentalism and Constitution-Making in Kenya: Triumphs, Challenges and Opportunities Beyond the 2013 Elections - Raymond Muhula and Stephen Ndegwa 5. Revisiting 'The Two Faces of Civil Society' in Constitutional Reform in Kenya - Wanjala S. Nasong'o Part II: The Content, Challenges and Opportunities of a New Constitutional Order 6. Constitutions and Constitutionalism: The Fate of the 2010 Constitution - Yash Pal Ghai 7. Elite Compromises and the Content of the 2010 Constitution - Godwin R. Murunga 8. Security and Human Rights in the New Constitutional Order in Kenya - Mutuma Ruteere

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Book SynopsisThis new work casts light upon the British constitution of today by means of an in-depth consideration of eight key moments in British constitutional history. The historical perspective adopted in this book facilitates an informed and contextual understanding of the intricacies of the contemporary British constitution. Indeed the book is based upon the premise that it is impossible to fully comprehend the nature, content and implications of today's constitution without a firm grasp on how it evolved into its present form. Each of the eight main chapters focuses upon a different event in constitutional history which has contributed certain principles or practices to the modern day constitution, and explains how these principles or practices evolved and highlights their modern day significance. Historical events covered include the 1688 Glorious Revolution, the 1707 Union between England and Scotland, the 1911 Parliament Act and the 1972 European Communities Act.Trade ReviewThis is an important and original book. It is a commentary and exegesis on the British constitution by means of eight case studies, turning points which shaped the constitution but which also shed light upon it...In each case Wicks depicts beautifully the historical context, related the events to constitutional moments before and after, and highlights their contemporary significance. The most original contribution of the book is the way in which Wicks teases out core principles of the British constitution which can be derived from each of the episodes she analyses. Some of these are familiar, but some are new and important...this is a commentary on the British constitution which ranks in the canon alongside Bagehot, Dicey and Jennings, and it deserves to last as long. Robert Hazell Journal of Legislative Studies Volume 13, Number 2, 2007 ...a valuable contribution to constitutional history. It is clearly written and stimulating. It provides invaluable background reading for constitutional lawyers. Vernon Bogdanor The Law Quarterly Review Vol 123, 07 The most original contribution of the book is the way in which Wicks teases out core principles of the British constitution which can be derived from each of the episodes she analyses... this is a commentary on the British constitution which ranks in the canon alongside Bagehot, Dicey and Jennings, and it deserves to last as long. Robert Hazell Journal of Law and Society forthcoming in 2007 ...an innovative and important contribution to British constitutional studies. As a result of an acute understanding of both history and present day realities, Wicks not only demonstrates the need, but also provides the opportunity to examine Britain's constitutional evolution in order to understand her current challenges and predicament. It is a first-class piece of scholarship which deserves a wide and engaged readership. David Erdos The Law and Politics Book Review, Vol 17, No 1 Jan 2007 ...this challenging and well-researched book ought to be read widely by those teaching and studying constitutional law...I am sure that the book's format could provide an excellent eight-week introductory course in constitutional law: indeed, the book itself provides ample material for an advanced course on these lines. Anthony Bradley Public Law Winter 2007 ...the practical complexities of devolution which it illustrates are deeply interesting. Alexandra Kelso Parliamentary Affairs Vol. 61 No. 3, 2008 It is a work of erudition and fine insights and is written in a style free from jargon. A.G. Noorani Frontline October 2008Table of ContentsIntroduction 1688 – Glorious Revolution; Enduring Settlement: Sovereignty, Liberty and the Constitution 1707 – Union between England and Scotland: Unitary State and Limited Parliament 1721 – The First Prime Minister? Executive Power and Its Journey from Monarch to Prime Minister 1832 – The Great Reform Act: A First Step towards Democratic Representation? 1911 – The Parliament Act: Guaranteeing the Legislative Superiority of the House of Commons 1953 – The European Convention on Human Rights: an External Influence Within the Constitution 1972 – The European Communities Act: European Legal Supremacy under the UK Constitution 137 1998 – Devolution to Scotland, Wales and Northern Ireland: Decentralising the Union State Conclusion: The Evolving Constitution

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Book SynopsisModern constitutionalism has put a lot of hopes in parliaments but there is some consensus that these hopes have not been entirely fulfilled. At the same time, the role of parliaments in contemporary democracies continues to evolve as parliaments are faced with new challenges. How should they react to the new forms of executive and administrative action? Should they play a role in upholding judicial independence, although the latter is frequently seen as independence from parliament as well as the executive? How should they contribute to the protection of fundamental rights? The book aims at providing some answers to these questions by first setting the historic scene, giving a comparative overview of the modern history of a selection of major European deliberative institutions (UK, France, Germany and the European Parliament). The book then looks at themes around the doctrine of separation of powers, especially aspects of the relationship between parliament and the executive power and parliaments' role and attitude regarding the judiciary with a special focus on the independence of the judiciary in a comparative perspective.Trade ReviewAnyone interested in constitutionalism and related matters will find the volume quite absorbing. The Commonwealth Lawyer Vol 16, No 3, December 2007 Both the book's comparative ambition and its substantive focus on the constitutional role of parliaments make it distinctive and are to be welcomed...Comparative constitutional scholarship is in vogue and, in offering a comparative analysis of the roles of parliaments, this book offers a valuable corrective to any tendency in comparative constitutional studies to focusing only on the case law of supreme and constitutional courts. Adam Tomkins Public Law 2008Table of ContentsPart One National Traditions of Parliamentary Law: Towards a European Model? 1. Constitutionalism and the Role of Parliaments AW Bradley, Katja S Ziegler and Denis Baranger 2. Parliamentary Law and Parliamentary Government in Britain: Some Historical Remarks Denis Baranger 3. The Formation of Parliamentary Law in France Pierre Avril 4. Parliamentary Law: The German Experience Fabian Wittreck 5. The Law and Custom of a New Parliament: The European Parliament Sionaidh Douglas-Scott Part Two Parliaments and the Executive 6. Cabinet as the Leading Part of Parliament: The Westminster Model in Europe Armel Le Divellec 7. Parliaments and the Executive: Old Control Rights and New Control Contexts in Germany Christoph Gusy 8. Executive Powers in Foreign Policy: The Decision to Dispatch the Military Katja S Ziegler 9. Separation of Powers, Public Law Theory and Comparative Analysis Nicholas Bamforth Part Three Parliaments, the Courts and Human Rights 10. Judicial Independence and Parliaments The Rt Hon Lady Justice Arden DBE 11. Why Should Judges Be Independent? Luc Heuschling 12. Independence of the Judiciary in Germany Gernot Sydow 13. Making Parliamentary Rights Effective: The Role of Constitutional Courts in Germany Pascale Cancik 14. The Parliamentary Protection of Human Rights Keith Ewing

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Book SynopsisConsistently with the aims of the series, the book canvasses the Australian constitutional system in a way that explains its form and operation, provides a critical evaluation of it and conveys a sense of the contemporary national debate. The chapters deal with the foundations of Australian constitutionalism, its history from the time of European settlement, the nature of the Australian Constitutions, the framework for judicial review, the legislative, executive and judicial branches of government, federalism and multi-level government and rights protection. Running through all chapters is the story of the gradual evolution of Australian constitutionalism within the lean but almost unchanging framework of the formal, written, national Constitution. A second theme traces the way in which the present, distinctive, constitutional arrangements in Australia emerged from creative tension between the British and United States constitutional traditions on which the Australian Constitution originally drew and which continues to manifest itself in various ways. One of these, which is likely to be of particular interest, is Australian reliance on institutional arrangements for the purpose of the protection of rights. The book is written in a clear and accessible style for readers in both Australia and countries around the world. Each chapter is followed by additional references to enable particular issues to be pursued further by readers who seek to do so. 'The Constitution of Australia' has already been cited in a High Court of Australia case: Momcilovic v The Queen [2011] HCA 34 (8 September 2011)Table of Contents1. Foundations I Settlement II Federation III Independence IV Reconciliation 2. Constitutions I Form and Content II Status III Authority IV Constitution and the Common Law 3. Constitutional Review I Framework II Approach III Sources 4. Representative Democracy I Principle II Institutions III Legislative Function IV Political Rights 5. Responsible Government I Principle II Crown III Government IV Power 6. Separation of Judicial Power I Principles II Commonwealth III States IV Rule of Law 7. Federalism I Principle II Power and Authority III Social and Economic Union IV Co-operation 8. Rights and Freedoms I Principle II Beyond the Formal Constitution III Constitutional Rights IV Rights Instruments

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Book SynopsisThe centrepiece of this work is the French Constitution of 1958, portrayed by the author as an innovative hybrid construct whose arrival brought the constitutional stability that had eluded France for centuries. But the creation of the 1958 Constitution was not an isolated act; it represents part of an evolutionary process which continues to this day. Even though it is codified, the constitution of the Fifth Republic has evolved so markedly that some commentators have dubbed the present institutional balance the 'Sixth Republic'. It is this dynamic of the constitution which this book seeks to explain. At the same time the book shows how the French constitution has not developed in isolation, but reflects to some extent the global movement of ideas, ideas which sometimes challenge the very foundations of the 1958 Constitution.Trade ReviewThe book is a comprehensive, well-researched and well-presented piece of work…What I particularly like about this contribution, apart from its rich content, is the clear narrative style. The tone is also correctly pitched: while portraying an overall positive view of French constitutionalism, the author also draws the reader’s attention to critics who call for further reforms and encourage further research in the field…the book is a timely contribution not only to the Hart Series, but also indeed to the scholarly literature on French Constitutional Law and comparative constitutionalism. Although it requires a basic grounding in French constitutional law and history, and cognate fields, such as European law, I would recommend it to students and academics interested in the French legal system and in comparative constitutional law and politics. -- Marie-Luce Paris * Irish Jurist, (1) *Table of Contents1 French Constitutional History: A Difficult Coming of Age The Constitutional 'Big-Bang': The Revolution of 1789 The Difficult Implementation of Constitutionalism Understanding French Constitutional History Conclusion: The Merger of Constitutional Traditions? 2 In Search of the Constitutional Fundamentals The Legitimacy of the 1958 Constitution The Integrity of the 1958 Constitution The Efficiency of the 1958 Constitution: The Political System Conclusion: Something Old, Something New 3 The Primacy of the Executive The Origins – The Search for a Strong Executive The President of the Republic: From Strength to Strength A Contested Bicephalous Executive The Difficult Accountability of the Executive Conclusion 4 Towards a Renewal of the Parliament A Return to Institutional Autonomy? The Constitutional Status of Members of Parliament Parliament's Work: A Great Improvement Conclusion: Further Reform? 5 The Rise of Judicial Power The Search for Judicial Independence The Rise of the Conseil constitutionnel Towards a Judicial Power? Conclusion 6 The Constitution and its People The French People and the Constitution The Sovereign Expression of the French People A Culture of Rights Protection Conclusion: A 'New' Citizen? 7 From Centralised Unity to Multilevel Constitutionalism The Rise of Territorial Government Keeping a Check on the European Union Conclusion 8 The Dynamics of Constitutional Change The Amendment Procedure: A Question of Choice? The Dynamics of Constitutional Change The Trends for Constitutional Reform Conclusion

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Book SynopsisJapan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights, pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.Trade Review...a concise and balanced description of the legal structure of the Japanese constitution. Kazuhiro Takii Journal of Japanese Studies, Volume 40. Number 1. 2014 Professor Matsui's volume is the first major treatment of Japanese constitutional law to appear in English in several years, and will be accessible to students and scholars alike as an excellent introduction to the field. The volume is easy to use, with a handy table of constitutional articles and legislation, as well as suggestions for further reading for those so inclined. Tom Ginsburg Japan Review, Volume 25, 2013Table of Contents1 The Constitution: Context And History Introduction Part I: Constitutional Context Part II: History Part III: Sources Of Constitutional Law Part IV: Supremacy of the Constitution Part V: Fundamental Principles of the Japanese Constitution Conclusion Further Reading 2 The Constitution, the People and the Emperor Introduction Part I: The Popular Sovereignty Principle Part II: The People Part II: Election and Political Party Part IV: The Emperor Conclusion Further Reading 3 The Diet and the Legislative Power Introduction Part I: The Diet Part II: Powers of the Diet Part III: Legislative Process 78 Part IV: Legislators and Bureaucrats: Reality of the Legislative Process Conclusion Further Reading 4 The Cabinet and the Executive Power Introduction Part I: The Status of the Cabinet and the Prime Minister Part II: The Powers of the Cabinet P art III: The Relationship Between the Cabinet and the Diet Part IV: The Prime Minister, the Cabinet and Bureaucrats Part V: Legal Control of the Executive Conclusion Further Reading 5 The Courts and the Judicial Power Introduction Part I: The Courts Part II: Justiciability Part III: The Power of Judicial Review Conclusion Further Reading 6 The Protection of Fundamental Human Rights: Structural Issues Introduction Part I: Fundamental Human Rights Part II: Applicability of Constitutional Rights Part III: Restrictions on Fundamental Human Rights Conclusion Further Reading 7 The Protection of Fundamental Human Rights: Specific Rights Introduction Part I: Equality Part II: Personal Freedoms Part III: Economic Freedoms Part IV: Social Rights Conclusion Further Reading 8 Pacifism And National Defence Introduction Part I: Pacifism Part II: The Self-Defence Force Part III: The Japan-United States Mutual Security Treaty Part IV: The Constitution and International Peace Cooperation Conclusion Further Reading 9 Constitutional Amendment and Reforms Introduction Part I: Constitutional Amendment Part II: Amending the Japanese Constitution or Enacting a New Constitution Conclusion Further Reading

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Book SynopsisThe German Basic Law, enacted in 1949 after total defeat and the experience of totalitarian barbarism, has become a model for constitutions around the world and a prominent example of modern constitutionalism. It features five fundamental principles - democracy, rule of law/Rechtsstaat, the social state, republican government and federalism - each expressly guaranteed and protected against constitutional amendment. As such the German Basic Law is a prime example of a cooperative and predominantly executive federalism characterised by a high degree of unitarianism and equality of its member states. The institutional structure, featuring the principle of the separation of powers, is a parliamentary system of government, in which the Chancellor and the political parties play leading roles. The Bundestag remains a powerful Parliament, while the Bundesrat and the Prime Ministers of the Lander act as an important counterweight. The Constitutional Court, as interpreter of the Constitution and possessor of a broad range of competences, occupies an especially important position, acting as arbiter between the different Federal institutions as well as between the Federation and the Lander. In the field of fundamental rights the Court has achieved far-reaching constitutionalisation and juridification of the whole political system, while at the same time creating a strong and consistent system of individual freedom and the liberalisation of society.Trade ReviewOverall, The Constitution of Germany is well researched and provides the reader with a wealth of information about the Basic Law. -- Yehonatan Cohen * Political Studies Review Volume 12, Issue 3, September 2014 *Table of Contents1. Introduction: Some Peculiarities of German Constitutional Law and Jurisprudence 2. The Rise of Constitutionalism in Germany-Traditions and Concepts 3. The Fundamental Principles of the Constitution and Democratic Legitimacy Part I Foundations Part II The Democratic Principle Part III The Rechtsstaat Principle Part IV The Social State Principle Part V Republican Form of Government Part VI Federalism as Fundamental Principle Conclusion 4. The Federal System Part I Foundations Part II The Constitutional Principles of Federalism Part III Structure of Functions and Competences in German Federalism Part IV From Dual to Cooperative Federalism and Beyond Part V Federalism within a Multilevel Structure of Government Conclusion 5. Separation of Powers and Parliamentary Government Part I Separation of Powers as a Constitutional Principle Part II The People Part III The Political Parties as a Link between State and Society Part IV The Bundestag-The German Parliament Part V Parliamentary Government Conclusion 6. Government and Administration Part I Cabinet and Federal Government Part II The Federal President Part III Administration Part IV The Military Conclusion 7. The Constitutional Role of the Judiciary and the Constitutional Court Part I The Courts Part II The Constitutional Court Conclusion 8. The System of Fundamental Rights 9. Epilogue

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Book SynopsisOne of the most significant constitutional developments of the past century has been the creation and proliferation of O'administrative tribunals' the main function of which is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a task also performed by courts in 'judicial review' proceedings and appeals. Tribunals in aggregate adjudicate many more such disputes than courts, but have received relatively little scholarly attention. This book compares tribunals in Australia, the UK and the US. It offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability.Trade Review...the book provides a clear theoretical analysis of administrative tribunals in different jurisdictions. Lin Feng Asia Pacific Law Review Volume 19, No. 2 Administrative Tribunals and Adjudication is a work of considerable scholarship, which throws new light on an important set of institutions that have not hitherto received the attention they deserve. Michael Adler Journal of Law and Society Volume 37, Number 3, 2010 Professor Cane's excellent book helps to redress the lack of academic attention paid to administrative tribunals...This is an outstanding account of Australian tribunal adjudication and its place in the regime of administrative decision-making and law. The detailed and sophisticated use of comparative law analysis helps to understand the choices that have been taken in Australia, what some of the alternatives were (and are), and also the constraints that will continue to shape administrative adjudication. Edward Santow Public Law Review 2010 Issue 21 Cane presents a precise, richly detailed account of administrative organizations, grounded in an impressive survey of the administrative law literature and Cane's own observations ... Such a detailed account is valuable because, as Cane notes, there is not much literature outside of Australia about what administrative tribunals do. Readers will come away impressed with the breadth of research that Cane has conducted on these tribunals and the care with which he details the differences among them. Robert J. Hume Law and Politics Book Review April 6, 2010 The book is clearly and elegantly structured into seven chapters each analysing a different aspect of tribunals. The strengths of this book are to be found principally in the subtle blend of different types of analysis - constitutional, historical and comparative - used to appreciate the role and significance of tribunals. Cane presents a very scholarly and well-informed synthesis of three dimensions of tribunals: their functions across four jurisdictions, their historical development, and their constitutional significance. This book is very much to be welcomed as an excellent addition to the literature. It provides a valuable and wide-ranging study of an important but long neglected set of institutions and it should encourage administrative law scholars to pay much more attention to the work of tribunals. Robert Thomas The Cambridge Law Journal Volume 70, Part 1Table of Contents1 Survey 1.1 The Project 1.2 Administrative Tribunals and Administrative Adjudication 1.2.1 The AAT is not a court 1.2.2 The AAT reviews decisions 1.2.3 The AAT's jurisdiction 1.3 The Plan of the Book 1.4 Conclusion 2 History 2.1 Introduction 2.2 1066 to 1800 2.3 19th and 20th Centuries 2.3.1 The UK 2.3.2 The US 2.3.3 Australia 2.4 Conclusion 3 Models 3.1 The UK Model 3.2 The US Model 3.3 The Australian Model 3.4 The French Model 3.5 Conclusion 4 Form 4.1 Membership, Appointments and Composition 4.1.1 Membership 4.1.1.1 Expertise and Specialisation 4.1.1.2 The US 4.1.1.3 The UK 4.1.1.4 Australia 4.1.1.5 The Tasks of Non-court Administrative Adjudicators 4.1.2 Appointment Processes 4.1.2.1 Who Appoints and How? 4.1.2.2 Terms and Conditions of Service 4.1.3 Composition 4.2 Separation and Independence 4.2.1 The UK 4.2.2 Australia 4.2.3 The US 4.3 Structure and Systematisation 4.3.1 Jurisdictional Specialisation 4.3.1.1 Patterns of Specialisation 4.3.1.2 The Theory of Specialisation and Amalgamation 4.3.2 Supervision and Accountability 4.3.2.1 Hierarchical Supervision 4.3.2.2 External Supervision 4.4 Conclusion 5 Function 5.1 Introduction 5.2 Categorising Governance Functions: the Legacy of Montesquieu 5.3 Merits Review 5.3.1 Merits Review is a Mode of Review 5.3.2 The Substantive Element of Merits Review 5.3.2.1 The 'Correct or Preferable' Formula 5.3.2.2 The Basis of Merits Review 5.3.3 The Procedural Element of Merits Review 5.3.4 The Remedial Element of Merits Review 5.4 Merits Review and Judicial Review 5.5 The 'Normative Function' of Merits Review and the AAT 5.6 Merits Review Outside the AAT 5.7 The Nature of Tribunal Review in Comparator Jurisdictions 5.7.1 The UK 5.7.2 The US 5.7.3 France 5.8 Conclusion 6 Purpose 6.1 What is Administrative Justice? 6.2 A Formula for Administrative Justice in Tribunals? 6.3 Jurisdiction 6.4 Standing 6.5 Processes 6.5.1 The Paradigm Mode of Decision-Making 6.5.1.1 The Reviewer 6.5.1.2 The Respondent 6.5.1.3 The Applicant 6.5.2 Alternatives to the Paradigm Mode 6.6 Resources 6.7 Conclusion 7 Landscape 7.1 The Accountability 'Sector' 7.2 Tribunals and Ombudsmen 7.3 Tribunals and Internal Review 7.4 Tribunals and Courts 7.4.1 Australia 7.4.2 The US 7.4.3 The UK 7.4.4 Re-conceiving the Relationship Between Courts and Tribunals 7.5 Tribunals and ADR/PDR 7.6 Conclusion

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Book SynopsisSingapore’s Constitution was hastily cobbled together after her secession from the Federation of Malaysia in 1965. In the subsequent 50 years, the Constitution has been amended many times to evolve a Constitution like no other in the world. Outwardly, Singapore has a Westminster-type constitutional democracy, with an elected legislature, fundamental liberties and safeguards to ensure the independence of the judiciary. On closer inspection, the Constitution displays many innovative and unusual characteristics. Most notable among them are the various types of Members of Parliament that have been introduced since the mid-1980s, the office of the Elected President and the fact that there is no constitutional right to property. This volume seeks to explain the nature and context of these constitutional innovations in the context of a pluralistic, multi-ethnic state obsessed with public order and security. The volatile racial mix of Singapore, with its majority Chinese population nestled in a largely Malay/Islamic world, compels the state to search for ethnic management solutions through the Constitution to guarantee to the Malays and other ethnic minorities their status in the polity. In addition, it examines how the concept of the rule of law is perceived by the strong centrist state governed by a political party that has been in power since 1959 and continues to hold almost hegemonic power.Trade ReviewI thoroughly recommend this work to all those who would like to understand not only the Constitution itself, but the reasons behind its structure and the laws it supports. It is ideal for foreigner and local alike. -- Cameron Ford * Singapore Legal Gazette *...the text gives the reader an excellent starting point to contextualize their understanding of constitutional law in Singapore. -- Jaclyn L Neo * ICONnect Blog *Hence, amongst the wealth of literature that has already been written on the subject, Tan’s The Constitution of Singapore manages to not only provide a novel introduction and a valuable overview but also point the way for readers – new and old – looking for ways to better understand the role of constitutionalism in the country. -- Benjamin Lawrence * Australian Journal of Asian Law *Kevin Tan's The Constitution of Singapore: A Contextual Analysis gives a clear and easily digestible introduction to Singapore's constitutional system. It is highly recommended to anyone who wants a very readable and informative introduction to Singapore's constitutional system. * Singapore Journal of Legal Studies *The book provides a clear and accessible introduction to the different constitutional system of various states. For those looking for such an introduction, they will find no better text. -- Michael Dowdle * Singapore Journal of Legal Studies *Table of ContentsINTRODUCTION I. General II. Towards Independence and Three Imperatives A. Economic Growth B. Managing Ethnicity C. Political Dominance III. Organisation of this Book 1. A BRIEF CONSTITUTIONAL HISTORY I. Introduction II. The Straits Settlements Period (1819–1942) A. The Founding of Modern Singapore B. Early Administration of the Straits Settlements C. Becoming a Colony Proper III. The Japanese Occupation (1942–45) IV. The Colony of Singapore (1946–58) V. The Rendel Constitution VI. Constitutional Talks and Self-government (1956–58) VII. Merger and Separation (1963–65) A. The ‘Battle for Merger’ B. The Rift between Singapore and the Federation C. The 1964 Racial Riots VIII. Post-1965 Developments A. The Aftermath of Independence B. The Wee Cong Jin Commission C. Changes to the Judiciary D. Entrenching Singapore’s Sovereignty E. Changes to the Parliamentary System F. The Elected President G. Amendment to Citizenship Laws IX. Conclusion 2. CONSTITUTIONALISM IN SINGAPORE I. Introduction II. The Constitution as Supreme Law A. The Amendment Regime B. Can the Constitution be Impliedly Amended? C. The Basic Features Doctrine III. Separation of Powers IV. Constitutionalism and the Rule of Law V. Constitutional Culture 3. PARLIAMENT AND REPRESENTATION I. A Brief Historical Outline II. Parliament and the Problem of Representation A. Ethnic Representation B. The Group Representation Constituency and Town Councils III. The Revival of Local Government? A. Town Councils as Local Government B. The Community Development Councils (CDCs) C. GRCs as ‘Fixed Deposit’ Seats IV. Qualifications of Members V. Duties of Members VI. Parliamentary Privilege A. Life of Parliament and Vacancies VII. Principal Officers of Parliament A. The Speaker B. The Clerk of Parliament C. The Whip D. Leader of the House VIII. Parliament’s Committees A. Committee of the Whole House B. Select Committees C. Sessional Committees D. Government Parliamentary Committees (GPCs) IX. The Conduct of Elections A. Nomination Day B. Campaigning C. Polling Day D. Political Donations X. Concluding Thoughts 4. LAW-MAKING I. Introduction II. Rule Formulation III. Introduction of Bills in Parliament A. Government Bills B. Private Members’ Bills IV. The Legislative Process A. The First Reading B. The Second Reading C. The Committee Stage D. The Third Reading V. The Presidential Council for Minority Rights and Presidential Assent A. Role of the Elected President VI. Executive Law-making A. Subsidiary Legislation B. Other Forms of Executive Rule-making VII. Legislative Powers in an Emergency 5. THE EXECUTIVE I. Introduction II. Singapore’s Prime Minister III. The Cabinet and its Ministers IV. Unique Features of Singapore’s Cabinet V. Ministerial Salaries VI. Code of Conduct for Ministers VII. Policy Formulation, Decision-making and Collective Responsibility VIII. The Attorney-General IX. The Executive: An Elected Dictatorship? 6. THE ELECTED PRESIDENT I. Introduction II. Singapore’s Presidential Executive: A Short History III. The President’s Traditional Discretionary Powers A. Appointment and Dismissal of the Prime Minister B. Proroguing and Dissolving Parliament C. Discretion during an Emergency D. Justiciability of the President’s Discretion IV. The Elected President A. The Rationale and the Initial Proposals B. The Second White Paper V. The Elected President Scheme in 1991 A. Presidential Elections B. Term of Office, Powers and Immunities C. Removal of the President D. Entrenchment of Office E. Constitutional Reference No 1 of 1995 VI. Post-1991 Changes A. President to State Reasons for Spending Reserves B. Transfer of Surpluses C. Advisory Capacity of the Supreme Court D. Reduction of Veto Powers VII. ‘Loans’ under Article 144(1) VIII. The President Exercises his Discretion IX. Some Unique Aspects of the Presidency 7. THE JUDICIARY I. Introduction II. Judicial Power: Meaning, Nature, Content and Scope III. Constitution of Singapore’s Judiciary A. The Court of Appeal B. The High Court C. Special Constitutional Tribunal D. The State Courts E. The Syariah Court IV. Judicial Independence A. Appointment and Tenure of Judges B. Security of Remuneration C. Shortage of Judges: Judicial Commissioners and Supernumerary Judges D. Judicial Independence and the Power to Punish for Contempt V. Jurisdiction of the Courts A. Original and Appellate Jurisdiction B. Inherent Jurisdiction C. Supervisory Jurisdiction D. Revision Jurisdiction VI. Establishing Jurisdiction and Locus Standi VII. Judicial Control of Administrative Action A. Precedent or Jurisdictional Facts B. Errors of Law C. The Control of Substantive Direction D. The Grounds of Judicial Review VIII. Limits on Judicial Review A. Political Questions B. Legislative Prohibition: Outer Clauses C. Laches D. Judgments of Superior Courts E. Res Judicata IX. Public Law Remedies X. Doctrine of Prospective Overruling XI. Conclusion 8. FUNDAMENTAL RIGHTS I. Introduction II. The Rendel Constitution III. The Reid Commission in Malaya IV. Entrenching Rights in Post-Independence Singapore A. A Patchwork Constitution V. The Right to Property in Singapore A. The Land Acquisition Problem B. Constitutional Difficulties C. The Land Acquisition Act 1966 VI. Preventive Detention A. Background to Executive Detention in Singapore B. The Wee Chong Jin Commission VII. Fundamental Liberties under Singapore’s Constitution VIII. Interpreting Fundamental Liberties A. Westminster Constitutions B. The Interpretation of Rights in Light of International Legal Instruments C. The ‘Four Walls’ Doctrine and Beyond D. Balancing of Rights: Between State and Individual 9. CONCLUSION I. Three Leitmotifs II. Regime Dominance A. Power and Governance B. Consolidating Party and State C. Regime Hegemony III. Economic Growth and Development A. Striving for Economic Legitimacy B. The Prevailing Economic Milieu C. The Power to Succeed D. Constitutional and Legal Regime of Public Enterprises E. Economic Development and State Power F. Disciplining Labour IV. Management of Ethnicity and Religious Diversity A. Strategies B. The Wee Chong Jin Commission’s Recommendations C. Malay Interests D. Group Representation Constituencies V. Conclusion

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Book SynopsisA great deal has been written on the relationship between politics and law. Legislation, as a source of law, is often highly political, and is the product of a process or the creation of officials often closely bound into party politics. Legislation is also one of the exclusive powers of the state. As such, legislation is plainly both practical and inevitably political; at the same time most understandings of the relationship between law and politics have been overwhelmingly theoretical. In this light, public law is often seen as part of the political order or as inescapably partisan. We know relatively little about the real impact of law on politicians through their legal advisers and civil servants. How do lawyers in government see their roles and what use do they make of law? How does politics actually affect the drafting of legislation or the making of policy? This volume will begin to answer these and other questions about the practical, day-to-day relationship between law and politics in a number of settings. It includes chapters by former departmental legal advisers, drafters of legislation, law reformers, judges and academics, who focus on what actually happens when law meets politics in government.Trade ReviewI do not hesitate to recommend this book, both to participants in political and legal process and also the interested general reader: it contains a great deal of first-class material and is a welcome addition to the literature in this area. -- Saira Salimi * Statute Law Review, Volume 35, Number 2 *One of the most noticeable features of this collection - and perhaps the main source of its originality and diversity - is the impressive range of contributors. Overall, this is a terrific collection of essays [which will] be of value to anyone interested in the 'stuff' of law and politics. Even those well versed in that 'stuff' will surely find some thought-provoking new perspectives here. -- Joseph Tomlinson * The Journal of Legislative Studies, 2014 *Overall, this collection presents the complexities of the relationship between politics and law rather well, even if, as with most edited collections, one would struggle to refine a clear and focused conclusion having read all the chapters. However, while this is often a problem, here it more fairly represents the analytical differences that are evident in examining the subject. -- Christopher May * Political Studies Review *This rigorous, ranging and broad-minded book reflects the best of two worlds; it is a valuable read for those who try to walk the line between them -- Mark Davies * The Table *The book provides well-rounded insight into the intricate relationship between Politics and Law. -- J. Kern * European Review of Public Law *...the value [of this volume] lies in the fact that it brings together a multiplicity of highly-respected voices, not only from academia, but also from institutional and professional levels, who have been working on the various possible ways of interpreting the relationship between politics and law. (Translated from the original Italian.) -- Nicola Lupo * Rivista Trimestrale di Diritto Pubblico 4/2014 (Oct-Dec) *...this is an interesting book with chapters written by experts in their field. -- Ronan Cormacain * The Theory and Practice of Legislation *Law in Politics, Politics in Law makes clear that its remit is not to examine directly the impacts of courts on politics or the development of judicial review as a legal mechanism for calling politics to account. Yet it makes an important contribution to the debate through its analysis of the day-to-day realities of the relationship. -- Justine Thornton QC * Journal of Environmental Law *Table of ContentsPart 1: Introduction 1. Beginning at the Beginning: The Relationships between Politics and Law David Feldman Part 2: Lawyer-Politicians 2. Lawyers, MPs and Judges Ross Cranston 3. Lawyers in the House of Commons David Howarth 4. The Form and Language of Legislation Alan Rodger Part 3: Lawyers Advising Government 5. Legislation and Politics Stephen Laws 6. Whitehall, Transparency, and the Law David Seymour 7. The Role of Public International Lawyers in Government Michael Wood 8. Government Legal Advisers through the Ethics Looking Glass Matthew Windsor Part 4: Politics and Legal Change 9. Law Reform in a Political Environment: The Work of the Law Commissions Elizabeth Cooke and Hector MacQueen 10. Parliament Act 1911 in its Historical Context Philip Norton 11. The Parliament Act 1949 Chris Ballinger 12. The Realities of the Parliament Act 1911 Daniel Greenberg 13. The Impact of the Parliament Acts 1911 and 1949 on a Government's Management of its Legislative Timetable, on Parliamentary Procedure and on Legislative Drafting Rhodri Walters Part 5: Politics, the Constitution, and Beyond 14. International Law and Great Power Politics Matthew Parish 15. Law and Democracy in a Human Rights Framework Philip Sales 16. Politics, Law and Constitutional Moments in the UK Dawn Oliver 17. Looking Back and Moving On David Feldman

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Book SynopsisIn addition to the economic miracle, with surprising growth in the 1970s and 1980s, Taiwan has further shown the world two others. One is the democratic miracle which brought about a silent revolution from notorious authoritarian regime to full democracy in Asia. Intertwined with that miracle is the constitutional one, in which political reform was undertaken in a constitutional manner and through constitutional means. Indeed, Taiwan’s transition to democracy was made possible by incremental constitutional revisions, courts responsive to changing dynamics, and a civil society engaged in the project of constitutional transformation. These changes ushered in the unprecedented development of a transitional and transnational constitutionalism. This volume seeks to explain the drivers and context of these constitutional transformations. Democratisation, indigenisation and globalisation all drove the transformation of an externally imposed constitution into an internally embraced, vibrant constitution. The changes analysed in this volume include institutional shifts from a cabinet system to a semi-presidential one; from three parliaments to one; from manipulated central-local relations to a functional federalism; from a Constitutional Court that merely rubber-stamped to one that is responsive and supports social and political dialogues. More importantly, this volume details how a short list of constitutional rights has been transformed to a burgeoning rights-based discourse engaged by civil society.Trade ReviewThis book is by no means simply an introduction to Taiwan’s constitutional evolution. Yeh’s insightful analyses shed new light on many topics such as civic constitutionalism, transitional constitutionalism, constitutional identity, unconstitutional constitutional amendments, etc. ... it is definitely a must read not only for those who are interested in Taiwan in particular, but also for students of (comparative) constitutional law in general. -- Chien-Chih Lin, Institutum Iurisprudentiae * International Journal of Constitutional Law *Table of Contents1. TAIWAN’S CONSTITUTION IN WORLD CONSTITUTIONALISM: COMMON AND SALIENT FEATURES 2. TAIWAN’S CONSTITUTIONAL JOURNEY: IMPOSITION AND INDIGENISATION 3. THE EVOLVING PRESIDENCY AND THE EXECUTIVE 4. REPRESENTATION AND LEGISLATIVE PROCESS 5. MULTI-LEVEL GOVERNANCE AND DEVOLUTION 6. JUDICIAL REVIEW AND THE FUNCTION OF THE CONSTITUTIONAL COURT 7. RIGHTS AND FREEDOMS 8. CONCLUSION: CHALLENGES AND PROSPECTS

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