دانلود کتاب Executive Power: The Prerogative, Past, Present and Future

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Preface\nContents\nPART 1: INTRODUCTION\n 1. Why the Prerogative Matters\n The Prerogative and Brexit\n Campaigns to Reform the Prerogative\n The Purpose of this Book\n Prerogative Powers and Executive Autonomy\n The Structure of this Book\n 2. History of the Prerogative\n Introduction\n Medieval Origins\n The Seventeenth Century\n The Modern State\n The Modern Courts\n What is the Prerogative?\n Conclusion\n 3. Recent Political Developments\n Introduction\n Phase 1: PASC Sets the Agenda\n Phase 2: The Brown Government - Big Plans, Lesser Delivery\n Phase 3: The Cabinet Manual and the Fixed-term Parliaments Act 2011\n Phase 4: The Brexit Battleground\n Phase 5: The Executive Fights Back\n Conclusion: Reforms Wax and Wane\nPART 2: THE MONARCH’S PERSONAL PREROGATIVES\n 4. Appointing and Dismissing Ministers\n The Personal Prerogatives of the Monarch\n Appointment of the Prime Minister: Remnants of Discretion\n Codification in the Cabinet Manual\n Death or Incapacity of the Prime Minister\n The Appointment and Dismissal of Other Ministers\n The Dismissal of Ministers\n Conclusion\n 5. Summoning, Dissolving and Proroguing Parliament\n Introduction\n Dissolution of Parliament\n The Fixed-term Parliaments Act 2011\n Prorogation\n Recall of Parliament\n Summoning Parliament\n Conclusion\n 6. Royal Assent and Executive Veto of Legislation\n Introduction\n The Process and History of Royal Assent\n Could the Queen Refuse Royal Assent?\n Royal Consent to Bills Affecting the Prerogative and Personal Interests of the Crown\n The Rule of Crown Initiative\n Conclusion\nPART 3: PREROGATIVE POWERS OF THE EXECUTIVE\n 7. The War-Making Power\n Introduction\n Parliamentary Scrutiny before 2003\n The Birth of the Convention\n The Brown Government and The Governance of Britain\n The Cameron Government\n The May Government\n The Convention in 2022\n The Future of the Convention: Some Observations\n Conclusion\n 8. Treaties\n Introduction\n Foreign Policy in Parliament: An Historical Perspective\n From Ponsonby to CRAG\n Should Parliament Have an Enhanced Role?\n Control by the Courts\n Reform\n Conclusion\n 9. Regulating the Civil Service\n Introduction\n The Spies Come in from the Cold\n Regulation by Orders in Council\n The Campaign for a Civil Service Act\n Draft Legislation for a Civil Service Act\n The Constitutional Reform and Governance Act 2010\n Effect of CRAG: (1) The Civil Service Commission\n Impact of CRAG: (2) Civil Service Reform\n Impact of CRAG: (3) Continuing Concerns about Politicisation\n Conclusion\n 10. Public Appointments\n Introduction\n House of Lords Appointments\n The Commissioner for Public Appointments\n Pre-Appointment Scrutiny Hearings for Senior Public Appointments\n Judicial Appointments\n Conclusion\n 11. The Prerogative of Mercy\n Introduction\n What is a Pardon and Who can Grant One?\n How Have Pardons Been Used Historically?\n What Uses of the RPM Survive to the Present Day?\n How do the Courts Supervise the Use of the RPM?\n The Future: Are Reforms to the RPM Necessary or Desirable?\n Conclusion\n 12. Passports\n Introduction\n The Prerogative in Practice\n A Prerogative Power?\n Justiciability and Judicial Review\n Reform\n Conclusion\n 13. Honours\n Introduction\n Current Practice\n Forfeiture\n Justiciability\n Reform\n Conclusion\n 14. Public Inquiries\n Introduction\n Statutory Inquiries\n Non-Statutory Inquiries\n Parliamentary Commissions\n Reform\n Conclusion\nPART 4: THE PREROGATIVE IN COMPARATIVE CONTEXT\n 15. Reform of the Prerogative in Australia, Canada and New Zealand\n Introduction\n Dissolution and Prorogation\n The War-Making Power: The Balance between the Executive and Parliament\n Treaty Scrutiny: The Balance between Parliament and the Executive\n Judicial Appointments: Fettering Executive Discretion\n Conclusion\n 16. Reserve Powers in Countries with Written Constitutions\n Introduction\n Dissolution\n Executive Veto of Legislation\n War-Making Power\n The Ratification of Treaties\n Conclusion\nPART 5: REFORM OF THE PREROGATIVE\n 17. The Role of the Courts\n Introduction\n Existence and Scope\n The First Limit: The Common Law\n The Second Limit: Statute\n Constitutional Principles: Miller 2\n The Third Stage: Manner of Exercise\n The Role of the Courts\n Conclusion\n 18. The Role of Parliament\n Introduction\n The Dominance of the Executive (1689–2000)\n A Sustained Campaign: PASC Paves the Way for Brown’s Reforms (2000–10)\n Further Regulation of the Prerogative under the Coalition (2010–15)\n The Pendulum Swings Back: Reassertion of Executive Dominance (2016-21)\n War Powers\n Treaties\n Dissolution\n Regulation of the Civil Service\n Public Appointments\n Honours\n Passports\n Conclusion\n 19. Conclusions\n Prerogative, Past, Present and Future\n The Prerogative is an Important Part of Executive Power\n Traditionally, the Prerogative has been Regulated by Convention and not Law\n The Prerogative is Gradually Becoming More Regulated: By the Courts, by Parliament, by Codification, and by Specialist Watchdogs\n Tighter Regulation by the Courts\n Tighter Regulation by Parliament\n Tighter Regulation through Codification\n Tighter Regulation by Specialist Watchdogs\n There are Still Important Gaps, where the Prerogative Remains Unregulated, or Insufficiently Regulated\n The Prerogative can Never be Fully Codified\n Conclusion: The Endless Tug of War between Government, Parliament and the Courts\nBibliography\nIndex