House Of Commons Political And Constitutional Reform Committee Parliament S Role In Conflict Decisions A Way Forward Hc 892
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House Of Commons Political And Constitutional Reform Committee Parliament S Role In Conflict Decisions A Way Forward Hc 892
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Author : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2014-03-27
House Of Commons Political And Constitutional Reform Committee Parliament S Role In Conflict Decisions A Way Forward Hc 892 written by Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-27 with Political Science categories.
The Political and Constitutional Reform Committee publishes its own draft parliamentary resolution setting out the process that should be followed to consult Parliament on conflict decisions, to serve as an interim step towards putting Parliament's role in war making decisions on a legal footing. The Committee has repeatedly called on Government to make progress on the Foreign Secretary's commitment in 2011 to "enshrine in law for the future the necessity of consulting Parliament on military action". The key points of the report are as follows: (1) The debate in the House of Commons on 29 August 2013 regarding Syria and the use of chemical weapons highlighted the important role Parliament plays in conflict decisions; (2) The Government needs to make a clear statement of how it intends to honour the Foreign Secretary's commitment of 2011, and give a specific Minister responsibility for making progress on this.; (3) A parliamentary resolution would serve as a useful interim step towards enshrining Parliament's role in law, by embedding the current convention and clarifying some of the ambiguities that exist under current arrangements.
Parliament S Role In Conflict Decisions
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Author : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2011-05-17
Parliament S Role In Conflict Decisions written by Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-17 with Political Science categories.
In its report, the Committee recommends that "the Government should as a first step bring forward a draft detailed parliamentary resolution, for consultation with us among others, and for debate and decision by the end of 2011". The Committee points out that "much work in this direction has already been completed, and the process for decision should be relatively swift". The Committee welcomes the Foreign Secretary's commitment to enshrine Parliament's role in law, but says this is likely to be a longer-term project. Concerns around the feasibility of a statutory solution would need to be explored and resolved. The Committee also recommends that Parliament's current role in conflict decisions should be clearly described in the Cabinet Manual. The Manual, when published, is intended to be a single source of information for Ministers, civil servants and others on how government works. The issue of Parliament's role in decisions to commit British forces to armed conflict abroad was an area in which considerable work was carried out before the 2010 general election, particularly in the context of the war in Iraq, but without any concrete result. In its recent report on the constitutional implications of the Cabinet Manual, the committee commented on the "surprising" omission from the draft Manual of any mention of Parliament's role in decisions to commit troops to armed conflict. The issue became topical once again in the context of the ongoing military action in Libya.
Hc 802 Constitutional Role Of The Judiciary If There Were A Codified Constitution
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Author : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2014-05-14
Hc 802 Constitutional Role Of The Judiciary If There Were A Codified Constitution written by Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Political Science categories.
This report is part of the Committee's ongoing work on a codified constitution for the UK. It discusses the constitutional role of the judiciary if there were a codified constitution. If the UK were to move towards a codified constitution, one way of addressing the question of what powers the judiciary should have if they held a piece of legislation to be unconstitutional, would be to introduce the concept of a "declaration of unconstitutionality". This could work in the same way as the declaration of incompatibility used under section 4 of the Human Rights Act 1998 for situations in which UK legislation is held to be incompatible with the European Convention on Human Rights. Furthermore, if the UK were to adopt a codified constitution, there would be no need for a separate constitutional court. The Supreme Court could adjudicate on constitutional matters. It would be understandable if the judiciary were unwilling to comment on the contents of a codified constitution, but it would be important to find a way of hearing their views on the implications of the proposals once the general structure of the constitution had been agreed. If necessary, some of the discussion could take place under Chatham House rules. Retired members of the judiciary would also be likely to feel freer to offer their opinions than those still serving as judges
Hc 976 Fixed Term Parliaments The Final Year Of A Parliament
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Author : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2014-05-07
Hc 976 Fixed Term Parliaments The Final Year Of A Parliament written by Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-07 with Political Science categories.
Following the passage of the Fixed-term Parliaments Act 2011, the date of the next general election has been fixed by statute for 7 May 2015. Greater certainty about the date of the next general election has created a unique opportunity to consider how best this final year can be spent, and the Committee has heard that there is scope both to enhance the quality of public policy debate, and also to better prepare for the next Parliament. Key recommendations are: that this final year be used by the Government, Parliament and political parties to consider some of the long-term issues that will need to be addressed in the next Parliament; arrangements for pre-election contacts between the Civil Service and Opposition be formalised and authorised automatically in the final year of a Parliament, and that the Cabinet Manual should be updated to that effect; that parties work to develop a consensus, before the next general election, on how party policy could most effectively be costed ahead of future general elections - this would improve both policy formation and debate ahead of a general election. Achieving this will require active engagement from the Government, parliamentarians and political parties, and the Committee hopes they will all appreciate the potential for a constructive year ahead of the next general election, and support the recommendations.
Executive Power
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Author : Robert Hazell
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-11-03
Executive Power written by Robert Hazell and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-03 with Law categories.
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.
Hc 1128 The Work Of The Committee In The 2010 Parliament
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Author : Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2015
Hc 1128 The Work Of The Committee In The 2010 Parliament written by Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Political Science categories.
The Political and Constitutional Reform Select Committee was established in June 2010 to consider political and constitutional reform. Over the last five years the Committee has scrutinised the Government's substantial programme of political and constitutional reform - which included fixing the term of a Parliament, bringing forward proposals for recalling MPs, establishing a register of third party lobbyists and implementing Individual Electoral Registration. The establishment of a dedicated select committee to consider these matters has brought additional parliamentary scrutiny to a substantial part of the Government's programme. Should the next Government plan to take forward constitutional reform, a select committee be established to examine the Government's proposals, to keep the progress of any political and constitutional reform under regular review, and to continue the work this Committee has undertaken. The Committee has also highlighted the extent to which it has engaged the public with it's work through consultations and increased use of social media, online surveys and informal events. This public engagement is one of it's greatest innovations, and something which it encourages other committees to adopt in the future
Hc 600 What Next On The Redrawing Of Parliamentary Constituency Boundaries
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Author : Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2015
Hc 600 What Next On The Redrawing Of Parliamentary Constituency Boundaries written by Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
The Parliamentary Voting System and Constituencies Act 2011 fundamentally changed the way in which reviews of parliamentary constituencies boundaries are conducted. The new rule requiring the electorate of all but four constituencies to be within 5% of the UK average number of electors for a constituency meant that the Boundary Commissions were unable to give adequate consideration to other factors. Although there is a case for the electorates of parliamentary constituencies to be more equal than is the case at present, the Boundary Commissions must be able to take a balanced approach to various considerations-including reflecting local ties and limiting disruption to existing constituencies. If no action is taken, the next boundary review will commence in early 2016. It is recommended that the rules be changed-including relaxing the 5% rule and reversing the reduction of the number of parliamentary constituencies to 600-ahead of the next boundary review. To achieve this, the next Government should make a statement no later than June 2015 on its policy on the rules for the distribution of parliamentary constituencies. This statement should respond to the recommendations set out in this report. The Government should in July 2015 publish a draft Bill for pre-legislative scrutiny and introduce a Bill in the autumn of 2015 to receive Royal Assent by early 2016.
Hc 351 Role And Powers Of Theprime Minister
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Author : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee
language : en
Publisher: The Stationery Office
Release Date : 2014-06-24
Hc 351 Role And Powers Of Theprime Minister written by Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-24 with Political Science categories.
Many of the Prime Minister's powers are obscure "prerogative" powers, which are not well understood or defined. More of these prerogative powers should be codified in statute to make them more transparent and increase accountability to Parliament. Government should also consider consolidating the existing Prime Ministerial powers in one place - the way the role has evolved means there is no single and authoritative source of information on the powers. There is widespread agreement that the Prime Minister's role has increased in recent decades-including in policy making. Coalition government has to some extent constrained the powers of the Prime Minister but this might not persist under single-party government. The need for support by a majority of Members of Parliament and the Cabinet acts as a check and balance on the Prime Minister. However, these political mechanisms are not effective on a "day-to-day" basis. The Liaison Committee has the potential to be a very effective mechanism for Parliament to hold the Prime Minster to account, and should continue to improve the way it works. The Government should consider a role for Parliament in the investiture of the Prime Minister, or the Government, after a general election. Some consider that accountability of the Prime Minister would be strengthened by direct election by the public, US style. The Government could also consider the creation of a combined Department for the Prime Minister and the Cabinet, with a departmental Select Committee specifically to scrutinise that Department
The Oxford Handbook Of Comparative Foreign Relations Law
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Author : Curtis A. Bradley
language : en
Publisher: Oxford University Press
Release Date : 2019-06-07
The Oxford Handbook Of Comparative Foreign Relations Law written by Curtis A. Bradley and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-07 with Law categories.
This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.
Challenging Executive Dominance
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Author : Tapio Raunio
language : en
Publisher: Routledge
Release Date : 2018-12-07
Challenging Executive Dominance written by Tapio Raunio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-07 with History categories.
Bringing together scholars from Europe and North America, this book examines the engagement of legislatures across the world in foreign and security policy. The articles are specifically chosen to cover the whole range of foreign affairs questions from crisis management and military missions, arms trade, the Common Foreign and Security Policy (CFSP) of the European Union (EU), international energy agreements, to international trade negotiations. Drawing on a principal-agent framework, the book challenges the conventional wisdom of ‘executive autonomy’ in foreign affairs, with parliaments using multiple ex ante and ex post instruments to monitor, oversee and control governments in external relations. Moving beyond the ‘politics stops at the water’s edge’ image, the articles highlight the role of party-political contestation instead of consensus in the name of national interest structuring parliamentary debates and decision-making in this increasingly politicized issue area. Considering the lack of research on parliamentary participation in foreign affairs beyond the specific case of the U.S. Congress, the book will also contribute to theory building and will deepen our understanding of legislative-executive relations. The chapters originally published as a special issue in West European Politics.