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The Constitutional Requirements for the Royal Morganatic Marriage
The Constitutional Requirements for the Royal Morganatic Marriage Benoît Pelletier* This article examines the constitutional Cet article analyse les implications implications, for Canada and the other members of the constitutionnelles, pour le Canada et les autres pays Commonwealth, of a morganatic marriage in the membres du Commonwealth, d’un mariage British royal family. The Germanic concept of morganatique au sein de la famille royale britannique. “morganatic marriage” refers to a legal union between Le concept de «mariage morganatique», d’origine a man of royal birth and a woman of lower status, with germanique, renvoie à une union légale entre un the condition that the wife does not assume a royal title homme de descendance royale et une femme de statut and any children are excluded from their father’s rank inférieur, à condition que cette dernière n’acquière pas or hereditary property. un titre royal, ou encore qu’aucun enfant issu de cette For such a union to be celebrated in the royal union n’accède au rang du père ni n’hérite de ses biens. family, the parliament of the United Kingdom would Afin qu’un tel mariage puisse être célébré dans la have to enact legislation. If such a law had the effect of famille royale, une loi doit être adoptée par le denying any children access to the throne, the laws of parlement du Royaume-Uni. Or si une telle loi devait succession would be altered, and according to the effectivement interdire l’accès au trône aux enfants du second paragraph of the preamble to the Statute of couple, les règles de succession seraient modifiées et il Westminster, the assent of the Canadian parliament and serait nécessaire, en vertu du deuxième paragraphe du the parliaments of the Commonwealth that recognize préambule du Statut de Westminster, d’obtenir le Queen Elizabeth II as their head of state would be consentement du Canada et des autres pays qui required. -
The Constitutional Role of the Privy Council and the Prerogative 3
Foreword The Privy Council is shrouded in mystery. As Patrick O’Connor points out, even its statutory definition is circular: the Privy Council is defined by the Interpretation Act 1978 as the members of ‘Her Majesty’s Honourable Privy Council’. Many people may have heard of its judicial committee, but its other roles emerge from the constitutional fog only occasionally – at their most controversial, to dispossess the Chagos Islanders of their home, more routinely to grant a charter to a university. Tracing its origin back to the twelfth or thirteen century, its continued existence, if considered at all, is regarded as vaguely charming and largely formal. But, as the vehicle that dispossessed those living on or near Diego Garcia, the Privy Council can still display the power that once it had more widely as an instrument of feudal rule. Many of its Orders in Council bypass Parliament but have the same force as democratically passed legislation. They are passed, unlike such legislation, without any express statement of compatibility with the European Convention on Human Rights. What is more, Orders in Council are not even published simultaneously with their passage. Two important orders relating to the treatment of the Chagos Islanders were made public only five days after they were passed. Patrick, originally inspired by his discovery of the essay that the great nineteenth century jurist Albert Venn Dicey wrote for his All Souls Fellowship, provides a fascinating account of the history and continuing role of the Privy Council. He concludes by arguing that its role, and indeed continued existence, should be subject to fundamental review. -
Pensions Act 2008 (C
(SD851/09) Pensions Act 2008 (c. 30) Contents The Pensions Act 2008 (Application) Order 2009 (SD851/09) was made 14 November 2009 and approved by Tynwald 19 January 2010. Article 3(1) of that Order provides that “the applied legislation” means the legislation applied by article 4 which is the Pensions Act 20081, as modified and shown in the Schedule to that Order. Article 2(2) of that Order provides that once it is approved by Tynwald, each provision of the applied legislation shall come into operation, or shall be deemed to have come into operation, at the same time as the equivalent provision commenced in Great Britain2. PENSIONS ACT 2008 CHAPTER 30 CONTENTS Part 1 - Pension scheme membership for jobholders 1. to 99. (Not applied) Part 2 - Simplification etc Private pensions 100. Abolition of safeguarded rights 101. Revaluation of accrued benefits etc State pensions etc 102. Consolidation of additional pension (Repealed) 103. Effect of entitlement to guaranteed minimum pension (Repealed) 104. Additional pension etc: minor and consequential amendments 105. State pension credit: extension of assessed income period for those aged 75 or over (Not applied) 106. Contracting-out: abolition of all protected rights Part 3 - Pension compensation Chapter 1 - Pension compensation on divorce etc (Not applied) Chapter 2 - Other provision about pension compensation (Not applied) Part 4 - Financial assistance scheme (Not applied) Part 5 - Miscellaneous Miscellaneous provision relating to pensions (Not applied) State and official pensions 135. Additional Class 3 contributions 136. Additional Class 3 contributions (Northern Ireland) (Not applied) 137. Official pensions: adjustment of increases in survivors’ pensions 138. -
Download PDF on Financial Privilege
Report Financial Privilege The Undoubted and Sole Right of the Commons? Sir Malcolm Jack KCB PhD FSA Richard Reid PhD FINANCIAL PRIVILEGE THE UNDOUBTED AND SOLE RIGHT OF THE COMMONS? By Sir Malcolm Jack KCB PhD FSA and Richard Reid PhD Acknowlegements The authors thank The Constitution Society for commissioning and publishing this paper. First published in Great Britain in 2016 by The Constitution Society Top Floor, 61 Petty France London SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-0-9954703-0-9 © Malcolm Jack and Richard Reid 2016. 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. FINANCIAL PRIVILEGE 3 Contents Acknowlegements 2 About the Authors 4 Summary 5 PART 1 Conventions in Respect of Financial Privilege 6 PART 2 Parliament Acts 19 PART 3 Handling of Bills with Financial Provisions 30 PART 4 Secondary Legislation 41 PART 5 The Strathclyde Review 51 Appendix 1 Parliament Act 1911 62 Appendix 2 Parliament Act 1949 67 4 FINANCIAL PRIVILEGE About the Authors Sir Malcolm Jack was Clerk of the House of Commons from 2006–2011. He is editor of the current, twenty-fourth edition of Erskine May’s Parliamentary Practice, 2011. He lectures and writes on constitutional and historical subjects, having published widely on the history of ideas as well as on aspects of British, European and South African history. -
Guidance on the Use of Royal Arms, Names and Images
GUIDANCE ON THE USE OF ROYAL ARMS, NAMES AND IMAGES 1 The following booklet summarises the legal position governing the use, for commercial purposes, of the Royal Arms, Royal Devices, Emblems and Titles and of photographs, portraits, engravings, effigies and busts of The Queen and Members of the Royal Family. Guidance on advertising in which reference is made to a Member of the Royal Family, and on the use of images of Members of the Royal Family on articles for sale, is also provided. The Lord Chamberlain’s Office will be pleased to provide guidance when it is unclear as to whether the use of “Arms” etc., may give the impression that there is a Royal connection. 2 TRADE MARKS Section 4 (1) of the Trade Marks Act 1994 states: “A trade mark which consists of or contains – (a) the Royal arms, or any of the principal armorial bearings of the Royal arms, or any insignia or device so nearly resembling the Royal arms or any such armorial bearing as to be likely to be mistaken for them or it, (b) a representation of the Royal crown or any of the Royal flags, (c) a representation of Her Majesty or any Member of the Royal Family, or any colourable imitation thereof, or (d) words, letters or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation, shall not be registered unless it appears to the registrar that consent has been given by or on behalf of Her Majesty or, as the case may be, the relevant Member of the Royal Family.” The Lord Chamberlain's Office is empowered to grant the consent referred to in Section 4(1) on behalf of Her Majesty The Queen. -
Parliamentary Debates (Hansard)
Monday Volume 591 26 January 2015 No. 99 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Monday 26 January 2015 £5·00 © Parliamentary Copyright House of Commons 2015 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 545 26 JANUARY 2015 546 Mr Duncan Smith: What went wrong was the Youth House of Commons Contract, full stop. The money used for the YouthContract actually went to invest in people who had greatest Monday 26 January 2015 disadvantage, and when we set up our other programmes, including the Work programme, we outperformed anything the Youth Contract had. Furthermore, work experience The House met at half-past Two o’clock was not available to young people under the previous Government for any great length of time, whereas we have had more than 50% of people on those work PRAYERS experience programmes go back to work. More young people are in work now than when we came into office; [MR SPEAKER in the Chair] they were left by the disaster of the previous Government. Stephen Timms (East Ham) (Lab): Young people remain at a distinct disadvantage in the labour market. Oral Answers to Questions The statistics published last week show that for the third month in a row overall unemployment came down but youth unemployment rose. Does the Secretary of State have any new proposals to tackle this problem of currently WORK AND PENSIONS rising youth unemployment? The Secretary of State was asked— Mr Duncan Smith: I do not know whether the right Innovation Fund for Young People hon. -
Page 1 Halsbury's Laws of England (3) RELATIONSHIP BETWEEN THE
Page 1 Halsbury's Laws of England (3) RELATIONSHIP BETWEEN THE CROWN AND THE JUDICIARY 133. The monarch as the source of justice. The constitutional status of the judiciary is underpinned by its origins in the royal prerogative and its legal relationship with the Crown, dating from the medieval period when the prerogatives were exercised by the monarch personally. By virtue of the prerogative the monarch is the source and fountain of justice, and all jurisdiction is derived from her1. Hence, in legal contemplation, the Sovereign's Majesty is deemed always to be present in court2 and, by the terms of the coronation oath and by the maxims of the common law, as also by the ancient charters and statutes confirming the liberties of the subject, the monarch is bound to cause law and justice in mercy to be administered in all judgments3. This is, however, now a purely impersonal conception, for the monarch cannot personally execute any office relating to the administration of justice4 nor effect an arrest5. 1 Bac Abr, Prerogative, D1: see COURTS AND TRIBUNALS VOL 24 (2010) PARA 609. 2 1 Bl Com (14th Edn) 269. 3 As to the duty to cause law and justice to be executed see PARA 36 head (2). 4 2 Co Inst 187; 4 Co Inst 71; Prohibitions del Roy (1607) 12 Co Rep 63. James I is said to have endeavoured to revive the ancient practice of sitting in court, but was informed by the judges that he could not deliver an opinion: Prohibitions del Roy (1607) 12 Co Rep 63; see 3 Stephen's Commentaries (4th Edn) 357n. -
Act No. 57 of 2012
SPECIAL ISSUE Kenya Gazette Supplement No. 221 (Acts No. 57) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2012 NAIROBI, 9th January, 2013 CONTENT Act — PAGE The Finance Act, 2012 2263 NATIONAL COUNCIL T OR LAW REPORTING RECEIVED 0 6 FEB ,7.013 P, C.), 9o< I - CH:100 NA 4 R031, KEN sr"A T t 2719231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 2263 THE FINANCE ACT, 2012 No. 57 of 2012 Date of Assent: 7th Jalillaly, 2013 Date of Commencement: See Section / AN ACT of Parliament to amend the law relating to various taxes and duties and for matters incidental thereto ENACTED by the Parliament of Kenya, as follows- PART I-PRELIMINARY 1. This Act may be cited as the Finance Act, 2012, and Short title and shall come into operation, or be deemed to have come into commencement. operation, as follows- (a) sections 2, 6, 8, 16(b)(ii), 17(a)(iii), 23(a), 23(c), and 25(a)(i) on the 15th June, 2012; (b) sections 9(a), 9(b), 10(a), 10(b), 11 and 12, on the 1st July, 2012; (c) sections 4, 5, 7, 19, 20, 21, 23, 24, 28, 29, 31 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57 and 58, on the 1st January, 2013; (d) section 18 on 1st July, 2013; '(e) sections 26 and 27, upon the final announcement of all the results of the first general elections for Parliament under the Constitution of Kenya, 2010; (f) all other sections, on publication. -
Constitution of the Republic of TRINIDAD and TOBAGO ACT
LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt CONSTITuTION OF The RePuBLIC OF TRINIDAD AND TOBAGO ACT ChAPTeR 1:01 Act 4 of 1976 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–2 .. 3–16 .. 1/2009 17–28 .. 29–54 .. 1/2009 55–58 .. 59–64 .. 1/2009 65–66 .. 67–84 .. 1/2009 85–86 .. 87–92 .. 1/2009 93–96 .. 97–120 .. 1/2009 121–132 .. 133–190 .. 1/2009 191–204 .. L.R.O. UPDATED TO DECEMBER 31ST 2009 LAWS OF TRINIDAD AND TOBAGO MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt Constitution of the Republic 2 Chap. 1:01 of Trinidad and Tobago Index of Subsidiary Legislation Page Existing Laws Amendment Order (GN 8/1962) … … … … 17 Existing Laws Amendment Order (GN 97/1963) … … … 19 Existing Laws Modification Order (GN 136/1976) … … … 22 Letters Patent Establishing the Distinguished Society of Trinidad and Tobago (110/1983) …… … … … … … 23 Electoral College Regulations (GN 187/1976) … … … … 29 Public Service Commission (Delegation of Powers) Order (GN 158/1966) … 41 Teaching Service Commission (Delegation of Powers) Order (GN 88/1969)… 55 Public Service Commission Regulations (GN 132/1966)… … … 57 Police Service Commission Regulations (GN 131/1966)… … … 131 Appointment of the Commissioner of Police and Deputy Commissioner of Police (Qualification and Selection Criteria) Order (LN 165/2007) … 172 Commissioner of Police and Deputy Commissioner of Police (Selection Process) Order (LN 166/2007) … … … … … … 174 Public Service Appeal Board Regulations (GN 74/1978) … … … 177 Police Service Commission (Appeal) Regulations … … … 191 Note on Schedule The Constitution which was originally enacted as the Schedule to this Act has been published independently (at the beginning of this Edition and immediately before this Chapter). -
6FFLK015: Advanced Constitutional Law | King's College London
09/27/21 6FFLK015: Advanced Constitutional Law | King's College London 6FFLK015: Advanced Constitutional Law View Online 1 Bradley AW, Ewing KD, Knight C. Constitutional and administrative law. Seventeenth edition. Harlow, England: : Pearson 2018. https://ebookcentral.proquest.com/lib/kcl/detail.action?docID=5418645 2 De Smith SA, Brazier R. Constitutional and administrative law. 8th ed. London: : Penguin 1998. 3 Turpin CC, Tomkins A. British government and the constitution: text and materials. 7th ed. Cambridge: : Cambridge University Press 2011. http://kcl.eblib.com/patron/FullRecord.aspx?p=775039 4 Le Sueur AP, Sunkin M, Murkens JE. Public law: text, cases, and materials. Third edition. Oxford, United Kingdom: : Oxford University Press 2016. 5 McEldowney JF. Public law. 3rd ed. London: : Sweet & Maxwell 2002. 6 Phillips OH, Jackson P, Leopold P. O. Hood Phillips & Jackson’s constitutional and 1/58 09/27/21 6FFLK015: Advanced Constitutional Law | King's College London administrative law. 8th ed. London: : Sweet & Maxwell 2001. 7 Loveland I. Constitutional law, administrative law, and human rights: a critical introduction. Eighth edition. Oxford, United Kingdom: : Oxford University Press 2018. 8 Barnett H. Constitutional & administrative law. Twelfth edition. London: : Routledge, Taylor & Francis Group 2017. https://ebookcentral.proquest.com/lib/kcl/detail.action?docID=4917664 9 Jowell JL, Oliver D. The changing constitution. Eighth edition. Oxford, United Kingdom: : Oxford University Press 2015. 10 Munro CR. Studies in constitutional law. 2nd ed. London: : Butterworths 1999. 11 Tomkins A. Public law. Oxford: : Oxford University Press 2003. 12 Marshall G. Constitutional conventions: the rules and forms of political accountability. Oxford: : Clarendon 1984. http://dx.doi.org/10.1093/acprof:oso/9780198762027.001.0001 13 Griffith JAG, Ryle M, Wheeler-Booth MAJ, et al. -
Transcript 5
Transcript House of Lords: an audio collection What specifically happened to the Lords over the course of the 20th century? Interviewer: What specifically happened to the Lords over the course of the 20th century? Richard Heffernan: Well, the Lords became subordinate to the Commons, largely through a series of incremental developments and statute laws. There was a huge fight between the elected Common – the partially elected Commons, because of course women didn't get the vote until 1918 in the UK, and they didn't get the vote on equal basis at the age of 21 with men until the general election of 1929. But there was a big fight between the liberal majority in Parliament in the House of Commons and a conservative majority in the House of Lords over a series of measures, particularly culminating in a fight over the 1909 budget, the People's Budget, Lloyd George's budget, which did many things, but two things: it raised the income tax in order to provide some degree of social welfare for people, and to rearm in the face of what was perceived to be a gathering threat from a resurgent Germany. The Lords majority, led by the conservative majority, did not like that and so threw out the budget, and then there was a general election held in 1910 which saw the re-election, on a smaller majority, of the liberal government, which then insisted that the Lords pass its budget. A second election was then held on the question of Lords reform. The liberals were again successful, and the Parliament Act of 1911 established the supremacy of the House of Commons for all time by restricting the power of the House of Lords. -
Health AA Recomcmp.Book
Health and Social Care Bill [AS AMENDED, ON RE-COMMITTAL, IN PUBLIC BILL COMMITTEE] The Bill is divided into two volumes. Volume I contains the Clauses. Volume II contains the Schedules to the Bill. CONTENTS PART 1 THE HEALTH SERVICE IN ENGLAND The health service: overview 1 The Secretary of State and the comprehensive health service 2 Secretary of State’s duty to promote comprehensive health service 3 The Secretary of State’s duty as to improvement in quality of services 4 The Secretary of State’s duty as to improvement in quality of servicesreducing inequalities 5 The Secretary of State’s duty as to reducing inequalitiespromoting autonomy 6 The Secretary of State’s duty as to promoting autonomyresearch 7 The NHS Commissioning Board 8 Commissioning consortia Arrangements for provision of health services 9 The Secretary of State’s duty as to protection of public health 10 Duties as to improvement of public health 11 Duties of consortia as to commissioning certain health services 12 Power of consortia as to commissioning certain health services 13 Power to require Board to commission certain health services 14 Secure psychiatric services 15 Other services etc. provided as part of the health service 16 Regulations as to the exercise by local authorities of certain public health functions 17 Regulations relating to EU obligations 18 Regulations as to the exercise of functions by the Board or consortia 19 Functions of Special Health Authorities 20 Exercise of public health functions of the Secretary of State Further provision about the Board 21 The NHS Commissioning Board: further provision 22 Financial arrangements for the Board Bill 221 55/1 ii Health and Social Care Bill Further provision about commissioning consortia 23 Commissioning consortia: establishment etc.