Public Law

Fourth Edition

Mark Elliott and Robert Thomas

The fresh, direct and clear writing style enables students to really understand the fundamentals of the subject while also encouraging them to engage with difficult issues and debates
The book guides students through three key themes - the importance of executive accountability, the shift from political to legal constitutionalism, and multilayered governance - in order to demonstrate how the many strands of public law are interlinked
Practical examples are used throughout to show students how this subject is of essential importance to everyday life in the UK
Questions are posed throughout each chapter to encourage students get to grips with the contentious nature of the subject
The authors use figures throughout the book to clearly explain complex concepts
The 'expert commentary' feature at the end of every chapter allows students to see the debates within each subject area first-hand
Also available as an ebook enhanced with self-assessment activities and multi-media content to offer a fully immersive experience and extra learning support

New to this Edition:

A new introductory chapter helps students get to grips with the key aspects of public law as a field of study, outlining why it is important, how the UK and its political system function, and the fundamentals of the constitution
Every chapter has been thoroughly updated, in particular those related to the implications of Brexit
The European Union (Withdrawal) Act 2018 and the European Union (Withdrawal Agreement) Act 2020 are analysed in detail, considering how EU law will operate in the UK going forward as well as the wider constitutional implications of the Brexit process
Recent key judgments are addressed, including detailed discussion of the UK Supreme Court's judgments in the Miller I and Miller II cases, which are examined with reference to fundamental constitutional principles including parliamentary sovereignty, the separation of powers, executive accountability to Parliament, and the concept of justiciability

Public Law

Fourth Edition

Mark Elliott and Robert Thomas

Description

This market-leading textbook covers the essential topics of the public law module in an insightful and interesting way. The book guides students through key themes which help them to understand how the many strands of public law are interlinked.

The authors have a real flair for capturing both the vibrant nature of public law in practice and the key contemporary debates in the field. They use practical examples to bring this subject to life and include expert commentaries on each chapter to allow students to see academic debate first-hand.

Digital formats and resources
This fourth edition is supported by online resources and is available for students or institutions to purchase in a variety of digital formats.
- The ebook is enhanced with embedded self-assessment activities, and multi-media content including author videos, to offer a fully immersive experience and extra learning support. www.oxfordtextbooks.co.uk/ebooks
- These study tools that enhance the ebook, along with updates, directed web links for further research, and diagrams from the book, are available as stand-alone online resources for use alongside the print book.

Public Law

Fourth Edition

Mark Elliott and Robert Thomas

Part I: Introduction to Public Law
1.:Public law: an introduction
2.:Constitutions and constitutional law
3.:Themes, sources, and principles
Part II: The Constitution - Institutions and Principles
4.:Separation of powers - an introduction
5.:UK central government
6.:The UK Parliament
7.:The judiciary
8.:Devolution and the territorial constitution
9.:The European Union and Brexit
Part III: Good Governance - Scrutiny, Accountability, and Transparency
10.:Good governance: an introduction
11.:Parliamentary scrutiny of central government
Part IV: Judicial Review
12.:Judicial review - an introduction
13.:The grounds of judicial review
14.:Judicial review - scope, procedures, and remedies
15.:The effectiveness and impact of judicial review
Part V: Administrative Justice
16.:Ombudsmen and complaints
17.:Tribunals
18.:Inquiries
Part VI: Human Rights
19.:Human rights and the UK constitution
20.:Freedom of expression
21.:Freedom of assembly
22.:Policing - powers, accountability, and governance

Public Law

Fourth Edition

Mark Elliott and Robert Thomas

Author Information

Mark Elliott, Professor of Public Law, University of Cambridge, and Robert Thomas, Professor of Public Law, University of Manchester

Mark Elliott is Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge. From 2015 to 2019, he served as Legal Adviser to the House of Lords Select Committee on the Constitution, providing advice to the Committee on a range of legislative and other matters. Mark co-founded the international biennial Public Law Conference series and co-convened the first two conferences. His research interests lie in UK constitutional law and English administrative law; a good deal of his recent work has concerned the constitutional implications of Brexit. Mark is the recipient of a University of Cambridge Pilkington Prize for excellence in teaching and is the author of a widely read blog, Public Law for Everyone (www.publiclawforeveryone.com), that is aimed at public law scholars, current and prospective law students, policy-makers, and others who are interested in the subject.

Robert Thomas is Professor of Public Law at the University of Manchester. His research focuses on administrative law. His book Administrative Justice and Asylum Appeals (2011) was awarded first prize by the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship in 2011. Robert has acted as a specialist adviser to the House of Commons Constitutional Affairs Select Committee (2003-04). He is a member of the Administrative Justice Council and co-chairs its Academic Panel. Robert has been awarded research funding by the Nuffield Foundation and the Economic and Social Research Council to fund empirical legal research into aspects of administrative law including immigration judicial reviews and administrative review processes. He has also undertaken consultancy work in China, Japan and Serbia on the development and design of administrative law in those countries. Robert is a visiting fellow at the Université catholique de Louvain, Belgium.

Public Law

Fourth Edition

Mark Elliott and Robert Thomas

Reviews and Awards

"Review from previous edition This book is excellent, and it is difficult to think of any other textbook authored by academics with greater expertise." - Vicky Thirlaway, Senior Lecturer in Law, Sheffield Hallam University

"It is the best public law textbook on the market and academics with a variety of approaches find it very useful as a recommended text." - Joe Tomlinson, Senior Lecturer in Public Law, University of York

"This is an excellent book which our students enjoy using. It explains issues well without dumbing down and engages with debate in a way which encourages students to form their own views." - Chloe Wallace, Associate Professor, University of Leeds

"The expert commentaries are excellent, not least in that they occasionally challenge the views of the authors, introducing students to the practices of academic debate." - Navraj Singh Ghaleigh, Senior Lecturer, University of Edinburgh