CONSTITUTIONAL LAW

Anglican Establishment changes: discrimination against Catholics & others (and equality) not completely addressed - 2014, 172, 10
Anglican Establishment changes require 15 Heads of State to agree (colonialism turned on head) - 2014, 172, 10
balance of powers in common law systems - 1969, 23, 59
Bingham on the rule of law as a political pre-constitution - 2015, 174, 5
checks to the powers of the state eg judicial review - 2000, 144, 33
Church of England: practical pros and cons of establishment (schools / chaplaincies / buildings / public rights to rites & worship) - 2012, 168, 22
church-state relations past, present and prospective - 1971, 30, 6
constitutional discrimination against Catholics: political debate on - 2008, 161, 111
constitutional reform and devolution, developments in - 2011, 167, 80
'Defender of the Faith' - legal basis of the title - 2006, 156, 71
English Reformation was slow process ending as ecclesiastical hybrid: fairly Catholic liturgy, some Calvinist doctrine - 2017, 178, 37
Equality Act (Sexual Orientation) Regulations, not produced as primary legislation therefore no amendments (departure from religious tolerance) - 2007, 158, 64
Equality Act 2010: public sector discrimination and specific duties - 2011, 167, 80
Establishment of the Church: is it compatible with equality before the law? - 2014, 172, 10
exhumation procedures, simplification of some of these involving consecrated ground; amendment to Burial Act 1857 - 2015, 175, 227
fundamental constitutional rights & parliamentary powers - 2001, 146, 5
Henry VIII's reformation was about sovereignty, not theology (which mostly remained Catholic) - 2017, 178, 37
House of Lords, reform of the, and establishment of the Church - 2007, 159, 136
House of Lords reform: political debate on - 2008, 161, 111
House of Lords Reform Bill, report on, and debate on this - 2012, 168, 94; 2013, 170, 96
House of Lords: role of Bishops in - 2013, 170, 7
Human Rights Act 1998: altering the constitutional balance of the separation of powers - 2000, 144, 33
Human Rights Act 1998: how it gives legal effect to the European Convention - 2001, 146, 5
immigration appeal rejected since defining threats to national security are executive decisions, not judicial ones - 2003, 150, 79
individual, whether there is a right to sue on behalf of the public - 1979, 60/61, 59
judicial power to impeach statutes - 1974, 45, 170
legislation ensuring Protestant succession to the Crown - 1988, 96/97, 5
Magna Carta: history & analysis of, definition of rule of law and necessity of access to justice - 2015, 175, 166
Magna Carta, use of, to protect people from the King's excesses - 2001, 146, 5
Magna Carta 1215: influence on UK law - 2001, 146, 5
Magna Carta as icon of constitutionalism: its adaptability & values but also its failures - 2015, 174, 5
National Churches, establishment of & state involvement with - 2002, 149, 77
parliamentary sovereignty, examination of its different meanings - 1973, 39, 37
parliamentary sovereignty and human rights - 1969, 23, 53
relationship between law & state: courts, constitution, common law and/or statute as constraints on states - 2015, 174, 5
religion in the Constitutions of different countries - 2004, 152, 3
rule of law, examination of the meaning of - 1973, 39, 37
rule of law and Parliamentary sovereignty - 1977, 54/55, 82
rule of law as form vs substance, whole state vs judicial branch, abstract vs particular - 2015, 174, 5
separation of powers: categories & overlapping ideas to describe - 2004, 153, 128
separation of powers in the UK - 2000, 144, 33
Succession to the Crown Act 2013: removes gender discrimination but not all discrimination against Catholics; parliamentary debates on - 2014, 172, 10
Succession to the Crown Bill: gender neutrality; can marry R.C.; only first six in line need marriage approval - 2013, 170, 96
treaties, enforceability in domestic courts - 1975, 48/49, 97; 1975, 48/49, 99
undue spiritual influence on Muslim voters in Mayoral election contrary to Representation of the People Act 1983 (case) - 2015, 175, 270
Williams (Rowan) & the Queen on questions of Establishment & discussion of - 2014, 172, 10
written Constitutions: a warning of Judicial politicisation - 2006, 156, 67
bill of rights
Canadian model, principles of and difficulties inherent in - 1977, 54/55, 82
judicial politicisation and the American experience - 1983, 78/79, 87
religious freedoms, scope and protection of - 1979, 60/61, 8
solutions to problems regarding a revised - 1975, 48/49, 77
support, and need for, a - 1985, 86/87, 4
Lord Chancellor
Declaration against Transubstantiation - 1970, 29, 181
full text of 1974 Act reproduced - 1974, 44, 120
Halsbury's Laws of England, competence of Roman Catholic to hold office - 1974, 43, 58
Jews and Catholics, their right to hold office - 1972, 35, 42
legislation passed to remove religious obstacles to holding office - 1974, 44, 88
Lord Chancellor can be Catholic, confirmation that - 2002, 149, 72
Roman Catholics, disqualifications to holding office - 1970, 29, 178
passports
executive control of - 1976, 51, 42
limitations on the right to possess one - 1974, 45, 126
African states
absolute powers of legislatures - 1982, 72/73, 31
Australia
Anglican Church constitutionally cannot be a national church - 1993, 118/119, 128
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Mabo land case, aboriginal land rights, departure from precedent - 1993, 118/119, 84
Canada
Bill of Rights taking precedence over earlier legislation - 1971, 31, 67
legislation invalid if all not treated equally - 1971, 31, 67
Europe
Christian tradition, debate over whether the European Constitution should refer to - 2004, 152, 3
Constitution (proposed EU), jurisdiction & powers of - 2005, 155, 87
creating a 'draft treaty establishing a Constitution for Europe' - 2004, 152, 3
enforcement of European Community rights - 1977, 54/55, 130
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights, application in UK courts -1987, 92/93, 59
European Convention on Human Rights, impartial judicial forum to enforce rights - 2001, 146, 5
European Convention on Human Rights, incorporation into domestic law - 1977, 54/55, 82
European Convention on Human Rights, problems with inclusion in a - 1980, 64/65, 5
federalism in the EU & the US Constitution - 2005, 155, 87
Human Rights Act 1998: how it gives legal effect to the European Convention - 2001, 146, 5
France
general legal framework relating to religion - 2004, 152, 27
Germany
Böckenförde, Ernst-Wolfgang: writings on constitutional law, secular nation state & neutrality of state on values - 2021, 186, 10
Böckenförde on a theology of modern secular law; connection to Aquinas and Pope Benedict XVI - 2021, 186, 10
Böckenförde: why secular law should not be grounded in natural law - 2021, 186, 10
Peace of Augsburg (1555): did this betray Luther's ideas of freedom or impose necessary order & authority - 2017, 178, 6
powers of government all permeated by law as reaction to Nazi history - 2015, 174, 5
rule of law overthrown in Nazi Germany by Hitler's 'Empowering Acts' 1933/4 - 2014, 172, 4 & 1
Schmitt and Böckenförde on constitutional theory & resistance to grounding law in values; state theories are secularised theological concepts - 2021, 186, 10
Greece
Church/State legal relations - 2004, 152, 27
possible procedural problem when passing new law on legal forms for religious groups - 2016, 176, 42
Hungary
government wrong to require re-registration of many religious groups (to prevent abuse of subsidies) when less drastic means possible (ECHR) - 2014, 173, 228
Ireland
Church of Ireland, development of & its relationship to the state - 2002, 149, 118
Good Friday Agreement: background of the Irish struggle - 2001, 146, 67
Italy
Italy not obliged to introduce same-sex 'marriage' but against Article 8 to only have 'cohabitation agreements' for legal recognition (ECHR) - 2015, 175, 282
religious freedom and State/religious body agreements - 2004, 152, 44
Malta
freedom of speech and publication of spiritually dangerous information - 1968, 19, 80
Mauritius
deprivation of constitutionally protected property rights - 1985, 86/87, 50
New Zealand
legal position of Anglican Church in New Zealand and Australia: quasi-establishment and voluntary agreement - 2012, 168, 62
Northern Ireland
bakers who refused to make cake in support of gay marriage not protected by proportionality assessment; 2006 Equality Act superior to Articles 9 & 10 or NI Constitution - 2016, 177, 119
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
religious & political (Article 9 & 10 ECHR) rights of bakers not to make cake in support of same-sex marriage are outweighed by claimants rights; judgement compatible with NI Constitution - 2016, 177, 119
Norway
Church/State relations - 2004, 153, 159
Republic of Ireland
Church of Ireland: legal structure of, types of clerical appointment; need for clarity in employment status of ministers - 2017, 178, 80
constitution, Catholic doctrine and the Declaration on Religious Freedom - 1981, 70/71, 71
constitutional differences between Northern Ireland and the Republic - 2017, 178, 80
contraceptives, procurement of, not prohibited by Constitution - 1974, 45, 172
employment status of Church of Ireland clergy in Northern Ireland and the Republic: Constitutional and Legislative differences; case law - 2017, 178, 80
foetus, constitutional right to life of a - 1992, 112/113, 10
growth of constitutional jurisprudence - 1983, 78/79, 78
judicial review of legislation - 1977, 54/55, 94
marital privacy and judicial review - 1985, 84/85, 18
natural law foundations of the constitution - 1977, 54/55, 94
protection of unborn written into Irish Constitution; discussion of subsequent amendments included/defeated - 2011, 166, 5
right to life referendum for amendment of constitution - 1984, 80/81, 2
Scotland
bill to regulate sectarianism at football matches - 2011, 167, 80
Church of Scotland, nature of establishment in the - 2002, 149, 125
devolution Commission and debate on Scotland's place in the Union - 2012, 168, 94
Scotland's wide ranging review of burial law - 2015, 175, 227
Spain
abortion law and the Constitution - 2009, 163, 127
legislation referring to ministers of religion in Spain - 2004, 153, 100
religious freedom: constitutional recognition not always translated into practice - 2008, 160, 25
Switzerland
Constitutional ban on building minarets cannot be challenged unless an applicant is directly affected (ECHR) - 2011, 167, 116
Trinidad & Tobago
'Trinity Cross' award breaches constitutional rights due to Christian connotations (case) - 2009, 163, 196
United States of America
abortion statutes - 1974, 42, 19
application of Religious Freedom Restoration Act (R.F.R.A.) to a corporation to allow exemption to mandate providing contraception to employees - 2015, 175, 209
capital punishment: interpreting the U.S. Constitution - 2006, 156, 24
Christian education & worship in American state schools, illegality of - 2000, 144, 41
Church & State in the Roberts Court: importance of each Justice and their liberal / conservative opinion - 2013, 171, 5
'compelling interest test' in religious freedom cases: changes in U.S. law (RFRA, RLPA, RLUIPA) - 2013, 171, 5
compelling state interest, concept and application of standards - 1985, 84/85, 34
Constituation of the U.S.A., is it a living document? - 2006, 156, 3
development of U.S. law on freedom of religion - 2009, 162, 47
discrimination due to sexual orientation or transgender status, which does 'sex' refer to in Title VII of Civil Rights Act 1964? - 2020, 185, 110
due process and the framing of the Fourteenth Amendment - 1987, 92/93, 42
Establishment Clause: strict separation vs non-preferentialism - 2013, 171, 5
failure of the founding fathers, pluralism and Publius' statecraft - 1987, 92/93, 7
federalism, nature and history of - 2005, 155, 87
free exercise of religion cases & Establishment Clause cases in U.S. Supreme Court - 2013, 171, 5
fourteenth amendment and the meaning of equality before the law - 1991, 110/111, 70
'Hein' case ruled that taxpayers can't challenge expenditure by the executive branch of government - 2013, 171, 5
impeachment - 1973, 39, 54
individual liberties and erosion of the constitution - 1974, 45, 154
individual rights and the social contract theory - 1978, 58/59, 99
influence of the Magna Carta on U.S. law - 2001, 146, 4
injunctive powers of federal judiciary, examples of the - 1991, 108/109, 4
interpretation of the Constitution and authors' intentions - 1987, 92/93, 2
J.H. Ely on First Amendment protecting religion but, even without top down approach, if religious people are a minority then still warrant strict scrutiny (Hobby Lobby case can stand even without R.F.R.A.) - 2015, 175, 209
judicial interpretation and historical evidentiary sources - 1987, 92/93, 27
judicial usurpation of legislative powers - 1983, 78/79, 87
'ministerial exception': arguments in favour of - 2012, 169, 210
'ministerial exception': case law relating to, rationale for & anti-discrimination issues raised - 2012, 169, 210; 2013, 171, 5
'pacta sunt servanda': canon law influences on English contract law - 2000, 144, 4
philosophical foundations of the Constitution - 1974, 45, 154
politicisation of the judiciary - 2000, 144, 33
positive discrimination and the fourteenth amendment - 1991, 110/111, 70
reinterment of Richard III's remains in Leicester ruled not irrational despite lack of consultation (case) - 2014, 173, 234
religious liberty & homosexual rights: Oregon v Smith meant no longer entitled to religious exemptions; had to come from legislature - 2020, 185, 110
religious liberty & homosexual rights: Religious Liberty Protection Act (RLPA), predecessor (RFRA) & successor (RLUIPA) - 2020, 185, 110
relying on statute law rather than First Amendment to protect religious freedom of a corporation makes protection broader but means Congress can amend - 2015, 175, 209
right to privacy: origins, nature and scope of the concept - 1985, 84/85, 34
right to privacy: relevance of religious belief - 1976, 51, 68
right to privacy: removal of life support equipment - 1976, 51, 68
states, demise of their influence on federal law and policy - 1987, 92/93, 27
Supreme Court analyses LGBT employment rights in light of Civil Rights Act 1964 & Free Exercise Clause of First Amendment - 2020, 185, 110
Supreme Court: basis, nature and extent of powers of judicial review - 1987, 92/93, 42
Supreme Court: limitations of powers - 1974, 44, 121
taxpayer cannot object using establishment clause to government tax credits that may further religious schools - 2013, 171, 5
US law protects religions much more than UK law - 2011, 166, 37
Wales
Church in Wales, disestablishment of the - 2002, 149, 134
Church in Wales disestablished for ecclesiastical law but not common law; leaving obligations for marriages & burials with no capacity to amend - 2015, 174, 96
Church of England can change marriage law by simple Measures; Church in Wales needs Primary legislation - 2015, 174, 96
disestablishment & constitution of the Church in Wales - 2017, 179, 171
procedures for choosing Archbishops and Bishops in Church in Wales, have the 'failure to agree election' plans become less just? - 2017, 179, 171
Welsh National Assembly can't legislate for marriage; discussion of full disestablishment for Church in Wales - 2015, 174, 96

Published by:

The Edmund Plowden Trust