Brian Christopher Jones, Review of Jack Beatson, Key Ideas in Law: The Rule of Law and the Separation of Powers

Abstract

Perspectives on the UK constitution from prominent former judges have been coming thick and fast as of late.1 John Laws’s posthumous The Constitutional Balance argues for less emphasis on parliamentary sovereignty and more emphasis on a balance of complementary principles.2 Even Lady Hale’s recent memoir, Spider Woman, which details her phenomenal life and legal career, devotes the final chapter to the subject of what the UK Supreme Court is for: to be a guardian of the constitution.3 These works are illuminating, and provide a nuanced perspective on the UK constitution. But Jack Beatson’s recent book is a bit different. While Martin Loughlin has written a short but accessible introduction to the British constitution,4 in many ways Beatson’s latest work could be classified as a brief introduction to the operation of judicial review in the UK. Key Ideas in Law: The Rule of Law and the Separation of Powers provides an eloquent and insightful view of the UK constitution in operation. Whereas The Constitutional Balance is more principled, Beatson’s book provides a realist perspective on how the separation of powers and the rule of law play out in the UK. And unlike Tom Bingham’s classic The Rule of Law,5 Beatson’s book is less focused on articulating how things should operate, and more focused on how things actually operate. Given its alluring title, comparative constitutional law scholars may find it slightly frustrating: although Beatson does at times mention developments in other jurisdictions (at 97), his focus is squarely on how the rule of law and separation of powers function in the United Kingdom. Nevertheless, there is a lot that comparative constitutional law scholars would find of interest, as it sheds light on how fundamental constitutional principles have been upheld without a codified constitution in place.