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Reforming the United Kingdom constitution : law, convention, soft law

McHarg, Aileen (2008) Reforming the United Kingdom constitution : law, convention, soft law. Modern Law Review, 71 (6). pp. 853-877.

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Abstract

Discusses issues of constitutional reform in the UK. Focuses on the role of "declared" conventions, to be viewed as influential rather than binding "soft law". Considers whether conventions can be "declared", looking at the nature of constitutional conventions as examples of constitutional soft law. Assesses the usefulness of using hard and soft law in the constitutional context, highlighting the three salient regulatory elements of standard-setting, compliance-monitoring, and enforcement provisions.