Political parties, parliamentarism and representation in Britain

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Ahn, Kyong Whan; Kim, Jong Cheol
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서울대학교 법학연구소
법학, Vol.36 No.2 pp.252-278
public lawyersBritish systemBritish constitution
In her essay marking the centenary of Dicey's Law of the Constitution, Professor Carol
Harlow warns lawyers that they are always in danger of ignoring some important questions
which should concern them by simply drawing arbitrary lines between matters political,
economic or sociological and those of primarily legal nature. Such a sealing off of the
world of political scientists, economists and sociologists leads lawyers "to misinterpret
legal rules and to mistake political ideology for legal fact."(Harlow 1985 : 62, 81) This
warning seemed to be taken to heart by some British "public lawyers" when they came to
examine the "fragmented, informal, pragmatic and secretive nature of British government"
and explore the possibility of utilising European-American experience to try to
make the British system more "open, integrated, principled and formal."(Loughlin 1988 :
531 Cf. Murphy 1990 : 151-153, 155-158 Murphy 1986) However, so far as British
lawyers are concerned, the nature, status and role of political parties in constitutional
arrangements remain largely ignored."' This tendency is strengthened by the fact that,
despite political parties being among the most important and powerful institutions in the
British political system, the law has very little to say about their constitutional role or
their internal organization. As a matter of fact, the law of the constitution does not regulate
political parties at all and indeed, as we shall see, barely acknowledge their existence.
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 36, Number 2 (1995)
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