HL Paper 166-I / HC Paper 551-I House of Commons / House of Lords Joint Committee on the Draft Constitutional Renewal Bill: Draft Constitutional Renewal Bill, Volume I PDF Download

Author:
Publisher: The Stationery Office
ISBN: 9780104013441
Category :
Languages : en
Pages : 170

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Author: Bernan
Publisher: The Stationery Office
ISBN: 9780104013502
Category : Business & Economics
Languages : en
Pages : 452

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The draft Bill and White Paper were included in Cm. 7342-I,II,III (ISBN 9780101734226) which follows the Green paper issued in July 2007, Cm. 7170 (ISBN 9780101717021) and various other Governance of Britain papers

Author: Tara McCormack
Publisher: Springer
ISBN: 3030136825
Category : Political Science
Languages : en
Pages : 133

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This book provides a state of the art discussion of the royal prerogative over war powers in the UK. This issue has received particular attention over proposed military strikes against the Syrian regime and it was claimed by many observers and scholars that parliament now controls decisions in war. However, the record has been mixed– and the most recent decision by Prime Minister May on Syria in 2018 shows that the executive can re-assert prerogative powers and effectively sidestep parliament. The author argues that these dynamics should be seen in the context of the declining authority of the executive and the legislature and in terms of a policy solution, and ultimately she suggests a War Powers Act as a firmer foundation for Britain’s war powers.

Author: Anthony King
Publisher: OUP Oxford
ISBN: 019152834X
Category : Political Science
Languages : en
Pages : 448

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In the latter part of the nineteenth century Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. Anthony King argues that the same is true at the beginning of this century. Most people are aware that major constitutional changes have taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we can make the best of. The British Constitution is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour-by someone who is a journalist and political commentator as well as a distinguished academic. The author maintains that, while the new British constitution is a mess, there is no going back now. 'As always', he says, 'nostalgia is a good companion but a bad guide.' Far from shying away from the thorniest issues facing the British polity today, the author grapples with them head on. He offers a trenchant analysis of the increasingly divergent relationship between England, Scotland and Wales in the light of devolution and a devastating critique of an all-elected House of Lords, whose benches, the author fears, risk being adorned by 'a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-were's and never-could-possibly-be's'. The book is a Bagehot for the twenty-first century - the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future.

Author: Jonathan Harris
Publisher: Oxford University Press
ISBN: 0192867989
Category :
Languages : en
Pages : 449

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This collection is in honour of the remarkable career of Lord Collins. The book offers a set of unique insights into the conduct of cross-border litigation; the judicial role in international cases; the shape of English private international law; the conduct of international arbitration; and the interface with public international law.

Author: Great Britain. Parliament. Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780104014530
Category : Business & Economics
Languages : en
Pages : 80

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The report opens with an affirmation that the British Government should protect the right to protest peacefully. It then discusses some concerns about policing of protest which could be addressed by legal and operational changes : -- 1. Reference to insulting words or behaviour should be removed from section 5 of the Public Order Act. This change would allow the police to arrest people for using threatening or abusive language or behaviour but not for using insulting language or behaviour; -- 2. Counter-terrorism powers should never be used against peaceful protestors : the Government's guidance on stop and search powers in Section 44 of the Terrorism Act 2000 should make this clear' - 3. The Government should protect the right to freedom of peaceful assembly around Parliament by repealing the Serious Organised Crime and Police Act 2005. Protest around Parliament should be governed by the Public Order Act 1986, which should be amended to deal with the specific circumstances of Parliament; -- 4. police and protestors need to focus on improving dialogue. The police should aim for 'no surprises' policing : no surprises for the police; no surprises for protestors; and no surprises for protest targets. Protestors should also, where possible, engage with the police at an early stage in their planning, in order to facilitate peaceful protest; Tasers should never be used against peaceful protestors.

Author: Noel Cox
Publisher: Routledge
ISBN: 1000171566
Category : History
Languages : en
Pages : 285

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This book examines the royal prerogative in terms of its theory, history and application today. The work explores the development of the royal prerogative through the evolution of imperial government, and more recent structural changes in the United Kingdom and elsewhere in the Commonwealth. While examining specific prerogative powers, the development of justiciability of the prerogative, and the exercise of the prerogative, it lays bare the heart of constitutionality in the Westminster system of government. There is said to be a black hole of unaccountable authority at the heart of the constitution and it is this which this book examines. The focus is upon the constitutional development of the United Kingdom and the old dominions of Canada, Australia and New Zealand. This approach is comparative and historical, using specific case studies of such events as the dissolution of Parliament and the appointment and dismissal of Prime Ministers. The book will be of interest to academics and researchers working in the areas of Constitutional Law and Politics.

Author: Margit Cohn
Publisher: Oxford University Press
ISBN: 0192555170
Category : Law
Languages : en
Pages : 368

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The executive branch in Western democracies has been granted a virtually impossible task: expected to 'imperially' direct the life of the nation through thick and thin, it is concurrently required to be subservient to legislation meted out by a sovereign parliament. Drawing on a general argument from constitutional theory that prioritizes dispersal of power over concepts of hierarchy, this book argues that the tension between dominance and submission in the executive branch is maintained by the adoption of various forms of fuzziness, under which a guise of legality masks the absence of substantive limitation of power. Under this 'internal tension' vision of constitutionalism, the executive branch is simultaneously submissive to law and dominant over it, while concepts of substantive legality are compromised. Building on legal and political science research, this volume classifies and analyses thirteen forms of fuzziness, ranging from open-ended or semi-written constitutions to unapplied legislation. The study of this unavoidable yet problematic feature of the public sphere is addressed descriptively and normatively. Adding detailed examples from two fields of law - emergency law and air-pollution law - in two systems (the UK and the US), the book ends with a call for raising the threshold of judicial review, grounded in theories of participatory and deliberative democracy. This book addresses an area that is surprisingly under-researched. Despite the increase in executive power across democratic polities and increasing public interest in the executive branch and executive powers, this much-needed book offers a theoretical foundation that should ground all analysis of arguably the most powerful branch of modern government.

Author: Great Britain: Parliament: Joint Committee on Human Rights
Publisher: The Stationery Office
ISBN: 9780108459269
Category : Business & Economics
Languages : en
Pages : 82

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The Constitutional Reform and Governance Bill was re-introduced in the House of Commons on 19 November 2009 and the Committee welcomes a number of aspects of the Bill which is implementing some of the commitments made by the Prime Minister in his Governance of Britain statement in July 2007. But the Committee considers there are a number of significant omissions from the Bill including in relation to judicial appointments, parliamentary scrutiny of security and intelligence matters, and the restrictive judicial interpretation of the meaning of public function in the Human Rights Act. They recommend amendments relating to the latter two points. They also look at Protest around Parliament, Ratification of Treaties and Right to a fair hearing and access to a court in the determination of civil rights.The Video Recordings Bill was introduced into the House of Commons on 15 December 2009 and is a fast track piece of legislation which repeals and revives the provisions of the Video Recordings Act 1984 in order to enable them to be notified to the European Commission under the Technical Standards Directive and so secure its enforceability. The Committee considers the human rights issues raised by this Bill should be subjected to parliamentary scrutiny. However as the 1984 Act, serves as an important child protection purpose, that are currently unenforceable, the Committee accepts the need for fast tracking this legislation and does not propose to further scrutinise this Bill.

Author: Robert Hazell
Publisher: Bloomsbury Publishing
ISBN: 1509951458
Category : Law
Languages : en
Pages : 552

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This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.