Legality and Locality

Abstract

This book seeks to trace the main dimensions of recent conflicts between central departments of governments and local authorities and to reveal something of their significance. It does so by focusing on the role of law in shaping the central-local government relations, which is neglected in many contemporary studies and yet is of vital importance in identifying the character of that relationship. Precisely why they should be so is not self-evident. One significant aspect of the study is the identification of a process of juridification which is only gradually becoming clear. This has not only been a major undertaking, it has also been a highly complex, ambiguous, confusing, and frustrating activity. This has caused problems for government and for the judiciary and not surprisingly there have been expressions of discomfort on all sides. This book helps to explain where the process may have gone wrong and why ultimately it may be an objective that cannot be realised. Ultimately, the book seeks to demonstrate that the issues raised by the government of central-local relations transcend the institution of local government and are directly linked to the system of parliamentary democracy. Furthermore the book argues that the system of central-local government relations has evolved in such a way that it reveals a great deal about the tradition of public law in the UK. An examination of these issues through an explication of the themes of legality and locality therefore requires the reader to address basic questions about the nature of contemporary British government.

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