The Executive in the Constitution

Terence Daintith and Alan Page

in The Executive in the Constitution

Published in print August 1999 | ISBN: 9780198268703
Published online March 2012 | e-ISBN: 9780191683558 | DOI:
The Executive in the Constitution

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This book is about the executive in the United Kingdom and its place in constitutional law. This chapter specifically reviews the theories of constitutional lawyers. It also tries to illustrate both how influential concepts such as the separation of powers are challenged by modern socio-economic theory, and how ideas drawn from such theory may enrich the analytical apparatus which constitutional lawyers might use. In addition, the importance of the executive in the constitution is shown. It is also noted that the impression of legal unity includes the doctrine of the separation of powers, the concept of ‘the Crown’, and the low visibility of the legal rules which allocate functions, powers, and resources within the executive. The British constitutional writers are then divided into four main classes by reference to the positive theory they espouse.

Keywords: constitutional law; United Kingdom; executive; positive theory; separation of powers; the Crown; legal rules

Chapter.  10844 words. 

Subjects: Constitutional and Administrative Law

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