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Explores financial aspects of constitutional government, focusing on central banking, sovereign borrowing, taxation and public expenditure.
Inhaltsverzeichnis
1. Finance and constitutionalism; Part I. Historical Development of Parliamentary Public Finance: 2. History (I): parliament and executive; 3. History (II): judiciary; 4. History (III): exporting parliamentary public finance; 5. History (IV): public finance in the modern state; Part II. Parliamentary Public Finance in Operation: 6. Fiscal authority; 7. Debt and monetary authority; 8. Judicial power; Part III. Evaluating Parliamentary Public Finance: 9. Descriptive failure of parliamentary control; 10. Theory and practice of financial self-rule.
Über den Autor / die Autorin
Will Bateman is Senior Lecturer in Law and the Deputy-Director of Research at the Law School of the Australian National University, Canberra. He has worked at the apex of constitutional and financial law, including at the High Court of Australia and Herbert Smith Freehills.
Zusammenfassung
Public Finance and Parliamentary Constitutionalism analyses constitutionalism and public finance (tax, expenditure, audit, sovereign borrowing and monetary finance) in Anglophone parliamentary systems of government. The book surveys the history of public finance law in the UK, its export throughout the British Empire, and its entrenchment in Commonwealth constitutions. It explains how modern constitutionalism was shaped by the financial impact of warfare, welfare-state programs and the growth of central banking. It then provides a case study analysis of the impact of economic conditions on governments' financial behaviour, focusing on the UK's and Australia's responses to the financial crisis, and the judiciary's position vis-à-vis the state's financial powers. Throughout, it questions orthodox accounts of financial constitutionalism (particularly the views of A. V. Dicey) and the democratic legitimacy of public finance. Currently ignored aspects of government behaviour are analysed in-depth, particularly the constitutional role of central banks and sovereign debt markets.
Zusatztext
'Will Bateman's book is a much needed contribution to the literature on public finance and the interaction between the monetary and the fiscal authorities. It fills a gap in the study of the relationship between Treasury/government, Parliament and the Bank of England, and of the impact of the judiciary in a country like the UK with no written constitution. That English law dominates commerce, banking and private finance and has been, until relatively recently, absent from central banking remains a puzzling issue. The book clearly evidences the need for law in public finance and should be essential reading for economists and lawyers in the field, policy-makers and regulators, nationally and internationally.' Rosa M. Lastra, Sir John Lubbock Chair in Banking Law, Queen Mary University of London
