In recent years, regulation has emerged as one of the most distinct and important fields of study in the social sciences, both for policy-makers and for scholars who require a theoretical framework that can be applied to any social sector. This timely textbook provides a conceptual map of the field and an accessible and critical introduction to the subject. Morgan and Yeung set out a diverse and stimulating selection of materials and give them context with a comprehensive and critical commentary. By adopting an interdisciplinary approach and emphasising the role of law in its broader social and political context, it will be an invaluable tool for the student coming to regulation for the first time. This clearly structured, academically rigorous title, with a contextualised perspective, is essential reading for all students of the subject.

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An Introduction to Law and Regulation: Text and Materials

The most powerful democracy is detaining hundreds of suspected foot soldiers of the Taliban in a legal black hole at the United States naval base at Guantanamo Bay, where they await trial on capital charges by military tribunals. This episode must be put in context. Democracies must defend themselves. Democracies are entitled to try officers and soldiers of enemy forces for war crimes. But it is a recurring theme in history that in times of war, armed conflict, or perceived national danger, even liberal democracies adopt measures infringing human rights in ways that are wholly disproportionate to the crisis. One tool at hand is detention without charge or trial, that is, executive detention. Ill-conceived rushed legislation is passed granting excessive powers to executive governments which compromise the rights and liberties of individuals beyond the exigencies of the situation. Often the loss of liberty is permanent. Executive branches of government, faced with a perceived emergency, often resort to excessive measures. The litany of grave abuses of power by liberal democratic governments is too long to recount, but in order to understand and to hold governments to account, we do well to take intoaccount the circles of history.

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Guantanamo Bay: The Legal Black Hole

The first half century -- Convention compliance -- The applications and enforcement of judgment processes -- The method of adjudication -- The jurisprudence -- Improving compliance.

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The European Convention on Human Rights: Achievements, Problems and Prospects

Comparing the asylum policies of three Western states, this article argues against two claims raised in recent writings on international migration: that states' capacity of controlling unwanted mig...

Asylum and State Sovereignty: A Comparison of the United States, Germany, and Britain

The field of comparative politics has begun to take seriously the role of ideas in politics, but to date this interest has not clearly specified the conditions under which ideas influence public pol- icy. The author develops an integrated framework that shows ideas about policy goals and instru- ments are most influential when they do not attract substantial opposition from voters and inter- est groups and when political institutions concentrate decision-making authority. The author tests this framework by examining the fates of three ideas, facing different degrees of societal opposition and concentrated authority, adopted by the first Thatcher government in Britain.

WHEN DO IDEAS MATTER? Explaining the Successes and Failures of Thatcherite Ideas

PART 1 THE CONSTITUTIONAL FRAMEWORK 1. The rule of law and its underlying values 2. The sovreignty of parliament - form or substance? 3. Human rights and the British constitution 4. Britain in the European Union 5. The internationalization of public law and its impact on the United Kingdom 6. Models of democracy: from representation to participation? PART II THE INSTITUTIONAL CONTEXT 7. The 'modernization' of the United Kingdom parliament? 8. The executive: towards accountable government and effective governance? 9. Scottish devolution: developing practice in multi-layer governance 10. Northern Ireland and British constitution since the Belfast Agreement 11. Devolution and the changing constitution: evolution in Wales and the unanswered English question 12. The new local government PART III THE REGULATION OF POWER 13. Courts, tribunals, ombudsmen, ADR: administrative justice, constitutionalism and informality 14. Regulations, markets and legitimacy 15. The control of public expenditure 16. The Freedom of Information Act 2000 - a sheep in wolf's clothing? 17. Standards of conduct in public life

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The Changing Constitution

Reflects on the degree to which the courts should approach public interest issues by way of deference to Parliament and other governmental bodies in the light of the Human Rights Act 1998. Examines Lord Hoffmann's approach to the meaning of the term "deference" in R. (on the application of Pro-Life Alliance) v British Broadcasting Corp and the distinction between the roles of the courts and Parliament drawn in R. (on the application of Holding & Barnes Plc) v Secretary of State for the Environment, Transport and the Regions. Discusses whether Lord Hoffmann's deliberations in Pro-Life Alliance help to clarify the necessary approach to the question of judicial deference. Considers the status of the democratic principle under the 1998 Act and the limits on the courts' institutional capacity. Notes the different judicial approaches to the issue of deference by Parliament and the broadcasting authorities revealed in Pro-Life Alliance.

Judicial deference: servility, civility or institutional capacity?

"Beyond the Rule of Law: Towards Constitutional Judicial Review"

Of Vires and Vacuums: the Constitutional Context of Judicial Review

Questions whether Dicey's belief that the constitutional principle of parliamentary sovereignty took priority over the rule of law still holds true, or whether the courts are beginning to acquire, and exercise, the power to challenge Acts of Parliament. Considers the nature of an unwritten constitution, the concept of power and authority in a constitutional democracy, the challenge raised to the validity of the Parliament Act 1949 in R. (on the application of Jackson) v Attorney General, and dicta in Jackson challenging the absolute sovereign authority of Parliament. Identifies two possible justifications for limiting Parliamentary sovereignty: legitimacy and the changing hypothesis of constitutionalism, based primarily on the judicial review of administrative action.

Jeffrey Jowell

Papers

The Changing Constitution

Judicial deference: servility, civility or institutional capacity?

"Beyond the Rule of Law: Towards Constitutional Judicial Review"

Of Vires and Vacuums: the Constitutional Context of Judicial Review

Parliamentary sovereignty under the new constitutional hypothesis