The Salisbury-Addison Convention
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The House of Lords in 2005: a More Representative and Assertive Chamber?
The House of Lords in 2005: A More Representative and Assertive Chamber? By Meg Russell and Maria Sciara February 2006 ISBN: 1 903 903 47 5 Published by The Constitution Unit School of Public Policy UCL (University College London) 29–30 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ ©The Constitution Unit, UCL 2006 This report is sold subject to the condition that is shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First Published February 2006 2 Contents Preface............................................................................................................................................................1 Summary of key points................................................................................................................................3 Introduction ..................................................................................................................................................5 Lords reform doesn’t happen (again)........................................................................................................5 Changing composition: a more representative chamber? ......................................................................7 The Prevention of Terrorism -
Parliamentary Conventions
REPORT Parliamentary Conventions Jacqy Sharpe About the Author Jacqy Sharpe is a former Clerk in the House of Commons. Her period as Clerk of the Journals provided her with significant insight into the historical and contemporary context of parliamentary conventions and procedure. Message from the Author With thanks to Dr Andrew Blick, Sir David Beamish, Helen Irwin and Sir Malcolm Jack for their comments on drafts of this paper. The conclusions, and any errors or omissions, are, of course, the responsibility of the author. Parliamentary Conventions Executive Summary “General agreement or consent, as embodied in any accepted usage, standard, etc”1 “Rules of constitutional practice that are regarded as binding in operation, but not in law”2 “[B]inding rules of behaviour accepted by those at whom they are directed. A practice that is not invariable does not qualify.”3 A list of various conventions with a note on how, if at all, they, or the approaches to them, have lately been modified or changed: CONVENTION CURRENT POSITION Conventions relating to behaviour in the House of Commons Speaking in the House of Commons Members should address the House through the Chair Although both questioned and frequently breached, and refer to other Members in the third person, by the convention is generally accepted constituency or position. Except for opening speeches, maiden speeches and Accepted and generally observed where there is special reason for precision, Members should not read speeches, though they may refer to notes Attendance at debates Members -
Constitutionalism in Britain and America
NEW YORK UNIVERSITY LAW REVIEW VOLUME 76 APRIL 2001 NumBER 1 SOVEREIGNTY IN COMPARATIVE PERSPECTIVE: CONSTITUTIONALISM IN BRITAIN AND AMERICA LORD IRvu-m OF LAmG* In this James Madison Lectur4 the Lord Chancellor, Lord Irvine of Lairg, ob- serves that the American system of constitutional supremacy and judicial review shares many common features wid die British unvritten constitution'semphasis on parliamentarysovereignty widout judicial review. While the nvo systems are often described as polar opposites, Lord Irvine argues that both operate in a context of democratic government and translatesubstantially identical commitments to popu- lar sovereignty into distinc4 yet related, approachesto constitutionalism. INTRODUCTION "The American Constitutions," said Thomas Paine, "were to lib- erty, what a grammar is to language: they define its parts of speech, and practically construct them into syntax."1 The central role which was played by James Madison, whose memory this Lecture commem- orates, in the construction of the U.S. Constitution is too well known to require elaboration this evening. It suffices to note that, as one American commentator recently put it, Madison's championing of the amendment of the Constitution was an accomplishment which "enti- ties him to be remembered as father of the Bill of Rights even more ' 2 than as father of the Constitution. * Lord High Chancellor, United Kingdom of Great Britain and Northern Ireland. This is the revised text of the thirty-first annual James Madison Lecture on Constitutional Law delivered at New York University School of Law on October 17, 2000. 1 Thomas Paine, The Rights of Man (1791), reprinted in Two Classics of the French Revolution 270, 334 (1989). -
Evolution of Political Manifestos with a Study of Proposals to Reform the House of Lords in the 20Th Century
Evolution of Political Manifestos with a study of proposals to Reform the House of Lords in the th 20 Century. by Peter KANGIS Ref. 1840593 Submitted to Kingston University in part fulfillment of the requirements for the degree of Master of Science by Research. 16 July 2019. 1 Abstract This is a study of how electoral Manifestos have evolved in the 20th century, with a special case study of how Manifesto undertakings in one policy area, that of Reform of the House of Lords, have been delivered by a party when in government. An examination of the Manifestos issued by the Labour, Conservative and Liberal parties for the 27 elections between 1900 and 2001 shows a substantial increase in size on various dimensions and a certain convergence between the parties in their approach to presentational characteristics. A statistical analysis of the overall set of data collected could not confirm that the variations observed were not due to chance. Examination of the relationship between pledges in Manifestos and action taken to reform the House of Lords shows that these pledges were neither a necessary nor a sufficient condition for reform to take place. Several reforms have been introduced which had not been pledged in electoral Manifestos whilst several pledges put forward have not been followed up. The study is making several modest contributions to the literature and is highlighting a few areas where further research could be undertaken. 2 Table of Contents Abstract…………………………………………………………………….……………2 Table of contents: 1 Introduction………………………………………………….…………….………….5 -
A House for the Future
Chapter 4 – Making the law 4.1 It is not surprising that the House of Lords, as one chamber of a bicameral legislature, spends roughly half its time considering primary legislation. Such legislation is the main vehicle for introducing significant changes of policy in all areas except foreign affairs. It therefore follows that the scrutiny and revision of primary legislation is also a central part of holding the executive to account, by requiring it to explain and justify its policy choices. 4.2 The relative power of the two Houses of Parliament in relation to primary legislation is of fundamental political and constitutional significance. In this chapter we consider how the reformed second chamber could help to improve the quality of primary legislation but we start by reviewing the powers which we believe the second chamber should have in this key area. Powers 4.3 Until 1911, the United Kingdom Parliament was fully bicameral, except in respect of the Commons’ financial privilege. Following the House of Lords’ effective destruction of much of the Liberal Government’s 1906–1908 legislative programme, capped by the rejection of Lloyd George’s Budget in 1909, the Parliament Act 1911 restricted the House of Lords’ powers in two ways. First, the House of Lords formally lost the power to delay certified Money Bills for more than a month, except with the consent of the Commons. Second, any other public Bill passed by the Commons in three successive sessions, with at least two years between Commons’ Second Reading in the first session and Commons’ Third Reading in the third session, could be presented for Royal Assent once it had been ‘rejected’ by the Lords in the third session. -
The Parliament (No. 2) Bill: Victim of the Labour
THE UNIVERSITY OF HULL The Parliament (No. 2) Bill: Victim of the Labour Party's Constitutional Conservatism? being a Thesis submitted for the Degree of Doctor of Philosophy in the University of Hull by Lavi David Green B.A. (Hons), M.A. September 2019 That a major bill to remove hereditary peers, and to reconstitute the basis of membership for the upper House, should have received all-party endorsement, been introduced as a Government bill, received a comfortable majority at second reading, then been abandoned in committee, was remarkable. Donald Shell1 The idea of reducing its powers was, in a vague kind of way, official Labour policy. What I was primarily concerned with, however, was to place its composition on a rational footing. Such a project, one might think, would commend itself to all Liberals and Socialists, if it involved eliminating or at least much reducing the hereditary element … In fact, the position was, from the beginning and throughout, much more complex. Lord Longford2 1 D. Shell (2006) ‘Parliamentary Reform’ in P. Dorey (ed.) The Labour Governments 1964–1970, Lon- don: Routledge, p.168 2 F. Longford (1974) The Grain of Wheat, London: Collins, pp.33-4 ABSTRACT This thesis assesses the failure of the UK House of Commons to pass an item of legislation: the Parliament (No. 2) Bill 1968. The Bill was an attempt by the Labour Government 1964- 70 at wholesale reform of the House of Lords. Government bills would normally pass without difficulty, but this Bill had to be withdrawn by the Government at the Committee Stage in the Commons. -
Politics Revision Guide Uk Government and Politics
POLITICS REVISION GUIDE UK GOVERNMENT AND POLITICS Contents UK Politics Topic 1- Democracy and Participation • Key ideas in Politics o What is Politics? o What is power? o What is authority? • Forms and functions of democracy? • Development of the franchise • Participation • Is there a participation crisis? • Rights and Responsibilities • Is the UK a liberal democracy? • How do different groups vote? • Explaining voter choice • Election case studies Topic 2- Elections and Direct Democracy • Functions of elections • Elections in the UK • Types of electoral systems • Positives and negatives of different electoral systems • Referendums • Types of referendums • Should we use more referendums? Topic 3- Political Parties • Introduction and roles of political parties • Ideologies and Party Systems • Conservatives • Labour • Minor Parties • Ideological Convergence • Party Finance • Are parties still relevant? Topic 4- Pressure Groups • What are pressure groups? • Functions of pressure groups • Why are pressure groups important? • Why do people join pressure groups and why have they increased in number? • Classifying pressure groups • Pressure group methods • Direct Action • Factors influencing success • Pressure groups and pluralism • Are pressure groups good for democracy? Topic 5- The European Union • What is the EU? • Aims of the EU? • How has the UK seen the EU? • Key Institutions • Is there a democratic deficit? • EU Policy-making • The impact of the EU on UK politics UK Government Topic 1- The Constitution • Feature of the UK constitution -
Constitutional Guardians: CONSTITUTIONAL GUARDIANS
Report Constitutional Guardians: The House of Lords By Dawn Oliver CONSTITUTIONAL GUARDIANS: THE HOUSE OF LORDS By Dawn Oliver First published in Great Britain in 2015 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9928904-7-6 All rights reserved. Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and the publisher of this book. Contents About the author 5 Summary 6 I. Liberal Democracies and Constitutional Guardians 7 Constitutional Guardianship 9 US Style Constitutional Judicial Review: Judicial Supremacy 9 Scandinavian Style Parliamentary Preview and Guardianship 11 II. UK Style Constitutional Guardianship Outlined 12 Acts of Parliament as Sources of Constitutional Principles 12 UK Courts, Case Law and Constitutional Guardianship 15 Soft Law and Political Constitutional Guardianship 16 A Case Study: Political Guardianship under the Human Rights Act 1998 20 The House of Commons as a Constitutional Guardian 24 The Legislative Process 24 Commons Select Committees 25 III. The Guardianship Role of the House of Lords 28 Legislation and Debates 29 A Case Study: Upholding the Rule of Law 32 The Select Committee on the Constitution 34 The Delegated Powers and Regulatory Reform Committee (DPRR Committee) 40 The Composition of the Lords: Dealing with Legitimacy Problems 42 The Parliament Acts 45 Bills and the Salisbury Convention 48 Statutory Instruments and Conventions 53 Case Study: The Tax Credits Row 2015 54 IV. -
The Referendum: Direct Democracy and the Constitution Transcript
The Referendum: Direct Democracy and the Constitution Transcript Date: Tuesday, 24 January 2006 - 12:00AM Location: Barnard's Inn Hall THE REFERENDUM: DIRECT DEMOCRACY AND THE CONSTITUTION Professor Vernon Bogdanor Vernon Bogdanor It’s my great pleasure and a privilege today to welcome Lord Falconer, the Secretary of State for Constitutional Affairs and Lord Chancellor. Those who have been coming to these lectures in the past will remember that the central theme of them has been the Government’s constitutional reform programme since 1997, and those who came to my very first lecture, may remember that I calculated no fewer than 15 major constitutional reforms, including devolution, the Human Rights Act, the directly elected mayor in London, reform of the Lords, and the Freedom of Information Act. Therefore we are particularly grateful to Lord Falconer for coming, and for allowing me, for the second time in this series – the first was with Geoff Hoon, last year, which some of you may remember – for the second time, to pretend that I am Jeremy Paxman or John Humphreys, and adopt an interviewing mode. I should add that Lord Falconer is a very good friend of Gresham College, because he submitted himself some time ago through a previous question and answer session with my predecessor, Professor Richard Susskind, and you can read this interview in a book which Richard has edited, entitled The Susskind Interviews: Legal Experts in Changing Times, which I strongly recommend, and you can get an order form for this book afterwards. It’s well worth reading I think. Lord Falconer I think I was “changing times” rather than “legal expert”! Vernon Bogdanor Well, before getting into the substance, let me ask you something about yourself. -
Corrected Oral and Written Evidence on the Inquiry Into the Constitutional
SELECT COMMITTEE ON THE CONSTITUTION INQUIRY INTO THE CONSTITUTIONAL IMPLICATIONS OF COALITION GOVERNMENT Oral and written evidence Contents Rt Hon. Lord Adonis—Oral Evidence (QQ 88-99) .................................................................. 3 Dr Stephen Barber, London South Bank University—Written evidence ............................... 16 Dr Andrew Blick, King’s College London—Written evidence ............................................... 29 Rt Hon. Paul Burstow MP, Rt Hon. Cheryl Gillan MP and Tim Loughton MP—Oral Evidence (QQ 58-73) .............................................................................................................................. 40 Rt Hon. Lord Butler of Brockwell, KG, GCB, CVO and Lord O’Donnell, GCB—Oral Evidence (QQ 111-120) ........................................................................................................... 58 Lord Donoughue and Professor Lord Norton of Louth—Oral Evidence (QQ 1-13) ........... 70 Rt Hon. Lord Falconer of Thoroton and Rt Hon. Baroness Royall of Blaisdon—Oral Evidence (QQ 121-131) ........................................................................................................... 86 Dr Ruth Fox, Hansard Society—Written evidence .............................................................. 100 Dr Ruth Fox, Professor Robert Hazell and Mr Barry Winetrobe—Oral Evidence (QQ 14-29) ................................................................................................................................................ 105 Rt Hon. Cheryl Gillan -
Salisbury Convention: a Decade of Developments
Library Briefing Salisbury Convention: A Decade of Developments Summary The Salisbury Convention is commonly understood to mean the House of Lords gives a second reading to government bills that seek to implement manifesto commitments, does not subject them to wrecking amendments and returns them to the Commons in reasonable time. It is also sometimes called the Salisbury-Addison Convention. The convention arose from an understanding between the leaders of the Labour and Conservative parties in the House of Lords after the 1945 general election. At that time, Labour had a majority in the House of Commons but the Conservatives had a majority in the Lords. The modern expression of the convention was set out by the Joint Committee on Conventions in 2006. The Salisbury Convention relates to a government’s manifesto bills. This is based on the idea that manifesto bills have a special form of democratic legitimacy as they have been voted for by the electorate. There is a recognition that it is not always straightforward to identify which bills should be classed as manifesto bills, especially as modern manifestos tend to be more complex than in 1945 when the convention originated. However, it has also been pointed out that in practice the Lords does not usually block any government bill, regardless of whether it is a manifesto bill. The 2010 and 2017 general elections both produced hung parliaments. This gave rise to questions about whether the Salisbury Convention applies to a coalition or minority government. In 2017, the minority Conservative Government argued the Salisbury Convention should apply to its manifesto pledges. -
This Paper Examines the Role of the House of Lords in Relation to Social
CORE Metadata, citation and similar papers at core.ac.uk Provided by University of Lincoln Institutional Repository Power without representation? The House of Lords and social policy Hugh Bochel and Andrew Defty University of Lincoln Department of Policy Studies University of Lincoln Brayford Pool Lincoln LN6 7TS 1 Abstract In the past the House of Lords has generally, and arguably for good reasons, been ignored in discussions of the making and scrutiny of welfare. However, it has always played some role in this field, particularly in the scrutiny and passage of legislation, and since the removal of hereditary Peers in 1999, some writers have argued that the House has become more assertive. This article examines the attitudes of Peers, including a comparison with the views of Members of Parliament, and draws a number of conclusions about the role of the upper House in relation to social policy. Acknowledgements The authors are grateful for the support of the Nuffield Foundation for this research from the Small Grant Scheme (SGS/34825). Word count 5215 2 For many the House of Lords is an arcane and archaic institution, with its greatest relevance to social policy in recent times having been as an exemplar of social inequality. However, in addition to its role as the ultimate court of legal appeal in the United Kingdom, the House has played a part in examining and revising legislation, providing a forum for debate and deliberation on issues of current concern, and scrutinising government, including the European Union. At the same time, the powers of the Lords have been limited: the Parliament Act of 1911 removed its power to delay or amend money bills; the Parliament Act of 1949 reduced its ability to delay non-money bills to one parliamentary session; and since 1945 the Salisbury doctrine, or convention, has meant that the Lords does not defeat bills passed in the House of Commons that have been foreshadowed in the governing party’s general election manifesto.