Rebuilding the Englishman's castle: consolidating powers of entry and associated powers in English law

Mullen, J.W., 2020. Rebuilding the Englishman's castle: consolidating powers of entry and associated powers in English law. DLegal, Nottingham Trent University.

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Abstract

The current landscape of powers of entry and associated powers is complex, confusing, and overdue reform. This doctrinal study explores the possibility of consolidating the landscape into a single Act, making it more accessible and better able to protect the rights of individuals. Using Karl Llewellyn’s law-jobs theory, Alan Gewirth's Principle of Generic Consistency, and Tom Bingham's exposition of the "thick" concept of the rule of law, it develops a framework of a rights based conception of the rule of law with a grounding in an anthropological understanding of where law draws its legitimacy from, and what role law plays.

The framework is then used to provide guidance on how to reimagine the landscape of powers, refocussing the law-jobs different types of bodies undertake and the powers they need to effectively discharge those jobs. This new landscape is tested by drafting an "Act" creating the different types of agencies and their powers. The draft legislation also includes a set of safeguards and introduces a bespoke tribunal to oversee the use of the powers and the rights of those against whom the powers are exercised.

The thesis concludes that the landscape can be rationalised, and protections enhanced, but only if a radical reimagining such as that proposed in this research is undertaken.

Item Type: Thesis
Creators: Mullen, J.W.
Date: December 2020
Rights: This work is the intellectual property of the author. You may copy up to 5% of this work for private study, or personal, non-commercial research. Any re-use of the information contained within this document should be fully referenced, quoting the author, title, university, degree level and pagination. Queries or requests for any other use, or if a more substantial copy is required, should be directed to the owner of the Intellectual Property Rights.
Divisions: Schools > Nottingham Law School
Record created by: Linda Sullivan
Date Added: 09 Jul 2021 10:23
Last Modified: 09 Jul 2021 10:28
URI: http://irep.ntu.ac.uk/id/eprint/43390

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