(Source: OUP)
OUP is publishing a new book on the
regulation of policing in the UK and across the commonwealth in modern times,
on the basis of Home Office archival files.
ABOUT THE BOOK
Through an examination of the
history of the rules that regulate police interrogation (the Judges' Rules) in
conjunction with plea bargaining and the Criminal Procedure Rules, this book
explores the 'Westminster Model' under which three arms of the State
(parliament, the executive, and the judiciary) operate independently of one
another. It reveals how policy was framed in secret meetings with the executive
which then actively misled parliament in contradiction to its ostensible formal
relationship with the legislature.
This analysis of Home Office
archives shows how the worldwide significance of the Judges' Rules was secured
not simply by the standing of the English judiciary and the political power of
the empire but more significantly by the false representation that the Rules
were the handiwork of judges rather than civil servants and politicians.
The book critically examines the
claim repeatedly advanced by judges that "judicial independence" is
justified by principles arising from the "rule of law" and instead
shows that the "rule of law" depends upon basic principles of the
common law, including an adversarial process and trial by jury, and that the
underpinnings of judicial action in criminal justice today may be ideological
rather than based on principles.
ABOUT THE AUTHORS
Mike McConville is Honorary
Professor at the University of Nottingham and Founding Dean of the faculty of
law, at the Chinese University of Hong Kong. Mike has been the Head of Law at
the University of Warwick, the City University of Hong Kong, and the Chinese
University of Hong Kong. He has researched and published widely in the area of
socio-legal research in England and Wales, the USA, and China. Areas that he
has covered include, the investigative and prosecution process, plea
bargaining, the jury, policing, neighbourhood watch, criminal defence.
Luke Marsh is Associate Professor
at the faculty of law at the Chinese University of Hong Kong and Door Tenant at
25 Bedford Row, London. He has held visiting appointments at the Universities
of Oxford, Cambridge, Columbia (New York), Auckland, Waseda (Tokyo),
Nottingham, and UCL. Luke was the co-founding General Editor of Archbold News
(Hong Kong) and is widely published in the area of criminal justice and human
rights. His most recent work examines the erosion of the adversarial process in
the English criminal justice system.
TABLE OF CONTENTS
1. Introduction and Overview
2. The Management of Criminal
Justice: An Early Challenge
3. The Origin of the Judges'
Rules
4. The Aftermath: 1918-1960
5. The First Draft: The Judges
and the Home Office
6. The War of Attrition and the
Vanquishing of the Judges
7. The Legacy of the 1964 Rules
8. Rule of Law and Common Law
9. Constitutionalism and the
Westminster Model
10. The Politics of the Judiciary
11. The Global Diaspora
12. Appraisal and Review
More info here
