LEGALITY & LOCALITY C: The Role of Law in Central-Local Government Relations - Hardcover

LOUGHLIN

9780198260158: LEGALITY & LOCALITY C: The Role of Law in Central-Local Government Relations

Hardcover

ISBN 10: 0198260156 ISBN 13: 9780198260158

Publisher: Academic, 1996

This book seeks to trace the main dimensions of recent conflicts between central departments of governments and local authorities and to reveal something of their significance. It does so by focusing on the role of law in shaping the central-local government relations which is neglected in many contemporary studies and yet is of vital importance in identifying the character of that relationship. Precisely why they should be so is not self-evident. The main objective of this introduction therefore is to highlight the importance of this dimension to the study of central-local relations and then to explain the way in which the key themes of the study are to be addressed.

One highly significant aspect of the study is the identification of a process of juridfication which is only gradually becoming clear. This has not only been a major undertaking, it has also been a highly complex, ambiguous, confusing, and frustrating activity. This has caused problems for government and for the judiciary and not surprisingly there have been expressions of discomfort on all sides. This book helps to explain where the process may have gone wrong and why ultimately it may be an objective which cannot be realised.

Ultimately what the book seeks to demonstrate is that the issues raised by the government of central-local relations transcend the institution of local government and are directly linked to our system of parliamentary democracy. Furthermore the author argues that the system of central-local government relations has evolved in such a way that it reveals a great deal about our tradition of public law. An examination of these issues through an explication of the themes of legality and locality therefore requires the reader to address basic questions about the nature of contemporary British government.

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Review:

'an impressive book...What is impressive about the book is its careful analysis of both the legislation and the key cases that have marked the past 17 years...The major contribution of the volume is to show the quantitative and qualitative changes that have taken place since 1979, not merely in legislation but in the role played by the courts.' (Local Government Chronicle)

'Martin Loughlin provides a challenging and authoritative review of the conflict...he provides an indispensable legal history and a timely reminder that any explanation of the changes in central-local relations must encompass the role of law.'

About the Author:

Martin Loughlin is Professor of Law at the University of Manchester.

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