The rule of law is a fundamental tenet of the United Kingdom constitution. In the context of the Government, it means more than simple compliance with the letter of the law: it means governing in accordance with constitutional principles. The Lord Chancellor has traditionally had a key role to play, both by defending the independence of the judiciary and by ensuring that the rule of law is respected within Government. The Constitutional Reform Act 2005 substantially changed the office of Lord Chancellor. The Lord Chancellor is no longer the head of the judiciary or speaker of the House of Lords, and since 2007 the office has been combined with that of the Secretary of State for Justice. Yet the duty of the Lord Chancellor in relation to the rule of law remains unchanged. It has become more difficult for post-reform Lord Chancellors with their wider policy responsibilities, more overtly political positions as Secretaries of State for Justice and their reduced role in relation to the judiciary to carry out this duty in relation to the rule of law. Whilst responsibility for constitutional change passed to the Deputy Prime Minister in 2010, the Committee have heard no evidence that he, or any other minister, currently takes responsibility for the state of the constitution as a whole. The Committee concludes that, despite significant changes to the office of Lord Chancellor, it still retains important constitutional duties and responsibilities that go beyond those of other ministers and recommends that the office and its associated responsibilities be retained and strengthened with an amended oath.

The office of Lord Chancellor is one that has frequently been questioned. However,the extent and diversity of the questioning seldom attained the proportions reached in the final years of the twentieth century, when they drew attention to the deficiencies of the position of Lord Chancellor, the inherent tensions within that position and the incongruity of such a role in a modern democracy. This book examines these questions. It analyses the development and current position of the Lord Chancellor as head of the judiciary, member of the Cabinet, judge and Speaker in the House of Lords and considers his role in relation to judicial appointments. It also looks at the LCD, the development of which acts as an indicator of the changes in the office of Lord Chancellor. It concludes by making proposals for reform, the most far-reaching of which is the abolition of the office.

Ministers of the Crown provides a detailed and concise description of the legal and political position of Ministers, and of their work within the contemporary British governmental system. It covers the daily work of Ministers in their departments and collectively in government; their benefits and pay; as well as how politicians prepare themselves for office and the legal and other qualifications which are required for appointment. Detailed coverage is given to Ministers as legislators, how Ministers are required to exercise their legal powers, and the position of Ministers as plaintiffs and defendants. Finally, the loss of office, and its consequences, is considered.

Public Law Text, Cases, and Materials explores how the law works in practice. The key institutions, legal principles, and conventions that underpin the public law of the UK are brought to life through the inclusion of extracts from key sources, which are explained and critiqued by the authors.

Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian