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Scott, W. E.

doi:10.1029/jz060i002p00235

Cited by 1 publication

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“…111 Moreover, the formal powers of regulators of the public sector are typically weak. 112 Thus, for example, in the case of politicians caught up in recent funding scandals, the risk of incurring a political sanction in the form of loss of o⁄ce may well be considered at least as serious as any penalties to which they might technically be liable for breaching the law, if not more so. 113 Of course, compliance with norms (whether legal or non-legal) is not necessarily dependent upon direct enforcement.…”

Section: Enforcementmentioning

confidence: 99%

Reforming the United Kingdom Constitution: Law, Convention, Soft Law

McHarg

2008

Modern Law Review

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The Governance of Britain Green Paper continues the programme of constitutional reform begun in 1997, and appears to reinforce the juridi¢cation of the UK's constitution. Nevertheless, several key reforms will be implemented not by legislation, but by creating new conventions.This article argues that such 'declared' conventions are best understood as a form of constitutional 'soft law', which attempt to in£uence constitutional behaviour rather than generating binding norms. Applying a regulatory analysis, it then argues that the case for a soft, rather than hard law approach to constitutional reform is weaker than its widespread use in the UK suggests. Finally, the article challenges the thesis that the political constitution is being replaced by a legal constitution, arguing that the government's attitude to constitutional reform still exhibits basic characteristics of political constitutionalism. Moreover, there is more to contemporary constitutional developments than a bipolar contest between political and legal constitutionalism.

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Section: Enforcementmentioning

confidence: 99%

Reforming the United Kingdom Constitution: Law, Convention, Soft Law

McHarg

2008

Modern Law Review

View full text Add to dashboard Cite

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List of recent publications

Cited by 1 publication

References 72 publications

Reforming the United Kingdom Constitution: Law, Convention, Soft Law

Reforming the United Kingdom Constitution: Law, Convention, Soft Law

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