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Constitution-Making and Reform: Options for the Process
Constitution-making and Reform Options for the Process Michele Brandt, Jill Cottrell, Yash Ghai, and Anthony Regan Title Constitution-making and Reform: Options for the Process Authors Michele Brandt, Jill Cottrell, Yash Ghai, Anthony Regan Date November 2011 Publisher Interpeace ISBN 978-2-8399-0871-9 Printed in Switzerland Copyright © Interpeace 2011. All rights reserved. Reproduction of figures or short excerpts from this report is authorized free of charge and without formal written permission, provided that the original source is properly acknowledged, with mention of the complete name of the report, the publisher, and the numbering of the pages or figures. Permission can be granted only to use the material exactly as it is in the report. Figures may not be altered in any way, including the full legends. For media use it is sufficient to cite the source while using the original graphic or figure. This is an Interpeace publication. Interpeace’s publications do not reflect any specific national or political interest. Views expressed in this publication do not necessarily represent the views of Interpeace. For additional permissions or information please e-mail [email protected]. About Interpeace Interpeace has been enabling societies to build lasting peace since 1994. Interpeace is an independent, international peacebuilding organization and a strategic partner of the United Nations. It supports national teams in countries across Africa, Asia, Central America, Europe, and the Middle East. Interpeace also has a thematic program on constitution-making. Over 300 peacebuilding experts work to help their societies manage their internal divisions and conflicts without resorting to violence or coercion. -
Report of the Select Committee on the Reduction of Standing Committees of Tynwald
REPORT OF THE SELECT COMMITTEE ON THE REDUCTION OF STANDING COMMITTEES OF TYNWALD t i I. • REPORT OF THE SELECT COMMITTEE ON THE REDUCTION OF STANDING COMMITTEES OF TYNWALD To the Honourable Noel Q Cringle, President of Tynwald, and the Honourable Members of the Council and Keys in Tynwald assembled PART 1 INTRODUCTION 1. Background At the sitting of Tynwald Court on 21st May 2002 it was resolved that a Select Committee of five members be established to - "investigate and report by no later than July 2003 on the feasibility of reducing the number of Standing Committees of Tynwald along with any recommendations as to the responsibilities and membership and any proposals for change." 2. Mr Karran, Mr Lowey, Mr Quayle, Mr Quine and Mr Speaker were elected. At 4, the first meeting Mr Speaker was unanimously elected as Chairman. 3. The Committee has held four meetings. C/RSC/02/plb PART 2 STRATEGY 2.1 The Committees of Tynwald that would be examined were determined as: Committee on Constitutional Matters; Committee on the Declaration of Members' Interests, Ecclesiastical Committee; Committee on Economic Initiatives; Joint Committee on the Emoluments of Certain Public Servants; Committee on Expenditure and Public Accounts; Tynwald Ceremony Arrangements Committee; Tynwald Honours Committee; Tynwald Management Committee; Tynwald Members' Pension Scheme Management Committee; and Tynwald Standing Orders Committee of Tynwald. A brief summary of the membership and terms of reference of each standing committee is attached as Appendix 1. 2 C/RSC/02/plb 2.2 In order to facilitate its investigation your Committee also decided that - (a) Comparative information on committee structures in adjacent parliaments should be obtained. -
New Peers Created Have Fallen from 244 Under David Cameron’S Six Years As Prime Minister to Only 37 to Date Under Theresa May
\ For more information on DeHavilland and how we can help with political monitoring, custom research and consultancy, contact: +44 (0)20 3033 3870 [email protected] Information Services Ltd 2018 0 www.dehavilland.co.uk INTRODUCTION & ANALYSIS ............................................................................................................. 2 CONSERVATIVES ........................................................................................................................................ 4 Diana Barran MBE .......................................................................................................................................................... 4 The Rt. Hon. Sir Edward Garnier QC ........................................................................................................................... 5 The Rt. Hon. Sir Alan Haselhurst.................................................................................................................................. 7 The Rt. Hon. Peter Lilley ................................................................................................................................................ 8 Catherine Meyer CBE ................................................................................................................................................... 10 The Rt. Hon. Sir Eric Pickles ........................................................................................................................................ 11 The Rt. Hon. Sir John -
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. -
Time for Reflection
All-Party Parliamentary Humanist Group TIME FOR REFLECTION A REPORT OF THE ALL-PARTY PARLIAMENTARY HUMANIST GROUP ON RELIGION OR BELIEF IN THE UK PARLIAMENT The All-Party Parliamentary Humanist Group acts to bring together non-religious MPs and peers to discuss matters of shared interests. More details of the group can be found at https://publications.parliament.uk/pa/cm/cmallparty/190508/humanist.htm. This report was written by Cordelia Tucker O’Sullivan with assistance from Richy Thompson and David Pollock, both of Humanists UK. Layout and design by Laura Reid. This is not an official publication of the House of Commons or the House of Lords. It has not been approved by either House or its committees. All-Party Groups are informal groups of Members of both Houses with a common interest in particular issues. The views expressed in this report are those of the Group. © All-Party Parliamentary Humanist Group, 2019-20. TIME FOR REFLECTION CONTENTS FOREWORD 4 INTRODUCTION 6 Recommendations 7 THE CHAPLAIN TO THE SPEAKER OF THE HOUSE OF COMMONS 8 BISHOPS IN THE HOUSE OF LORDS 10 Cost of the Lords Spiritual 12 Retired Lords Spiritual 12 Other religious leaders in the Lords 12 Influence of the bishops on the outcome of votes 13 Arguments made for retaining the Lords Spiritual 14 Arguments against retaining the Lords Spiritual 15 House of Lords reform proposals 15 PRAYERS IN PARLIAMENT 18 PARLIAMENT’S ROLE IN GOVERNING THE CHURCH OF ENGLAND 20 Parliamentary oversight of the Church Commissioners 21 ANNEX 1: FORMER LORDS SPIRITUAL IN THE HOUSE OF LORDS 22 ANNEX 2: THE INFLUENCE OF LORDS SPIRITUAL ON THE OUTCOME OF VOTES IN THE HOUSE OF LORDS 24 Votes decided by the Lords Spiritual 24 Votes decided by current and former bishops 28 3 All-Party Parliamentary Humanist Group FOREWORD The UK is more diverse than ever before. -
Constitution Constitution of Canada Du Canada
SENATE SÉNAT HOUSE OF COMMONS CHAMBRE DES COMMUNES Issue No.9 Fascicule n.9 Thursday, November 20, 1980 Le jeudi 20 novembre 1980 Joint Chairmen: Coprésidents: Sen¡tor Harry Hays Sénateur Harry Hays Serge Joyal, M.P. Serge Joyal, député Minutes of Proceedings and Evidence P rocès - ve rbaux et t émoi gnages of the Special Joint Committee of du Comité mixte spécial the Senate and of du Sénat et de the House of Commons on the la Chambre des communes sur la Constitution Constitution of Canada du Canada RESPECTING: CONCERNANT: The document entitled "Proposed Resolution for a Le document intitulé <Projet de résolution portant Joint Address to Her Majesty the eueen adresse commune à Sa Majesté la Reine respecting the Constitution of Canada" published concernant la Constitution du Canadar, publié par by the Government on October 2,1980 le gouvernement le 2 octobre 1980 iforme edela WITNESSES: TEMOINS: (See back cover) (Voir à l'endos) First Session of the Première session de la Thirty-second Parliament, 1 980 trente-deuxième législature, I 980 I 0s9 SPECIAL JOINT COMMITTEE OF COMITÉ MIXTE SPÉCIAL DU SÉNAT THE SENATE AND OF THE HOUSE ET DE LA CHAMBRE DES COMMUNES OF COMMONS ON THE CONSTITUTION SUR LA CONSTITUTION DU CANADA OF CANADA Joint Chairmen; Coprésidents: Senator'Harry Hays Sénateur Harry Hays Serge Joyal, M.P. Serge Joyal, député Re pres e nt i ng t he S e nat e: Représentant le Sénat: Senators: Les sénateurs: Austin Haidasz Muir Rousseau Bielish Lapointe Nieman Tremblay-( l0) Bird Representing the House of Commons: Représentant la Chambre des communes: Messrs. -
1 2. Interpretation …………………………… 1 PART II OATHS, ELECTIONS, GENERAL AUTHORITY of SPEAKER, SUSPENSIONOF RULES, WHIPS and RELATED MATTERS 3
ARRANGEMENT OF RULES PART I PRELIMINARY Rule No. Page 1. Short title………………………………… 1 2. Interpretation …………………………… 1 PART II OATHS, ELECTIONS, GENERAL AUTHORITY OF SPEAKER, SUSPENSIONOF RULES, WHIPS AND RELATED MATTERS 3. Oath of Member ………………………… 9 4. Language ………………………………… 9 5. Election of Speaker ……………………… 10 6. Election of Deputy Speaker ……………… 14 7. General Authority of the Speaker………… 15 8. Procedure in case not provided for and precedents………………………………… 16 9. Sitting arrangement in the House………… 16 10. Presence of President in the House………. 17 11. Parliamentary Commissioners……………. 18 12. Election of Members of the East African Legislative Assembly……………………... 19 i Rule No. Page 13. Election of Members of Pan African Parliament………………………………… 20 14. Role and functions of the Leader of the Opposition ………………………… 20 15. Whips……………………………………… 21 16. Suspension of Rules ……………………… 23 PART III MEETINGS, SITTINGS AND ADJOURNMENT OF THE HOUSE 17. Meetings ………………………………… 24 18. Emergency meetings……………………… 24 19. Sittings of the House……………………… 24 20. Suspension of sittings and recall of House from adjournment ………………… 25 21. Request for recall of Parliament from recess 26 22. Public holidays …………………………… 26 23. Sittings of the House to be public………... 26 24. Quorum of Parliament …………………… 27 PART IV ORDER OF BUSINESS 25. Order of business ………………………… 29 26. Procedure of Business …………………… 31 ii Rule No. Page 27. Order Paper to be sent in advance to Members ………………………………… 32 28. Statement of business by Leader of Government Business …………………… 33 29. Weekly Order Paper ……………………… 33 PART V PETITIONS 30. Petitions…………………………………… 34 PART VI PAPERS 31. Laying of Papers ………………………… 37 32. Mode of Laying of Papers………………… 37 PART VII PRESENTATION OF REPORTS OF PARLIAMENTARY DELEGATIONS ABROAD 33. -
The Parliamentary Calendar
7 The parliamentary calendar The appointment of the times for the holding of sessions of Parliament, the prorogation of the Parliament and the dissolution of the House, is a matter for decision by the Governor- General. The Constitution states: The Governor-General may appoint such times for holding the sessions of the Parliament as he thinks fit, and may also from time to time, by Proclamation or otherwise, prorogue the Parliament, and may in like manner dissolve the House of Representatives.1 In practice however these vice-regal prerogatives are exercised with the advice of the Executive Government.2 Once a Parliament (session), or a further session within that Parliament, has commenced, the days and times for the routine meetings and adjournments of the House are a matter for the House to decide. Yet in practice, by virtue of its majority support, these decisions rest with the Executive Government. The Constitution also provides that the House of Representatives can continue for no longer than three years from the first meeting of the House.3 The significance of this to the concept of a representative Parliament and Government is that a Parliament is of limited duration on the democratic principle that the electors must be able to express their opinions at regular general elections. On the other hand a Parliament of short fixed-term duration may be viewed as undesirable in that too frequent elections have disruptive and/or negative effects on the parliamentary and governmental processes. Of further significance is the principle that Parliament should be neither out of existence nor out of action for any undue length of time. -
The Governance of Britain
The Governance of Britain Presented to Parliament by the Secretary of State for Justice and Lord Chancellor by Command of Her Majesty July 2007 CM 7170 £13.50 © Crown Copyright 2007 The text in this document (excluding the Royal Arms and departmental logos) may be reproduced free of charge in any format or medium providing that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Any enquiries relating to the copyright in this document should be addressed to The Licensing Division, HMSO, St Clements House, 2-16 Colegate, Norwich, NR3 1BQ. Fax: 01603 723000 or e-mail: [email protected] Contents Foreword 5 Executive summary 6 Introduction 9 1. Limiting the powers of the executive 15 Moving royal prerogative powers to Parliament 16 Deploying the Armed Forces abroad 18 Ratifying treaties 19 Dissolving Parliament 20 Recalling the House of Commons 21 Placing the Civil Service on a statutory footing 21 Wider review and reforms of the prerogative executive powers 23 Role of the Attorney General 24 The Government’s role in ecclesiastical, judicial and public appointments 25 Appointments in the Church of England 25 Other non-executive appointments 27 Judicial appointments 27 Streamlining public appointments 28 Improving current processes and strengthening the House of Commons’ role 28 Limiting Ministers’ involvement in the granting of honours 30 2. Making the executive more accountable 31 National security 32 Intelligence and Security Committee 32 National Security Strategy 33 Parliament’s scrutiny of Government 34 Departmental debates in the House of Commons 34 Transparency of Government expenditure 35 Independence of the Office for National Statistics 36 Regions and responsibility 37 Regional Ministers 37 Regional select committees 38 Reforming the Ministerial Code 39 3. -
Companion to the Standing Orders and Guide to the Proceedings of the House of Lords
Companion to the Standing Orders and Guide to the Proceedings of the House of Lords Laid before the House by the Clerk of the Parliaments 2013 PREFACE This is the 23rd edition of the Companion to the Standing Orders of the House of Lords since Sir John Shaw-Lefevre, then Clerk of the Parliaments, compiled his first edition for private circulation in 1862. It is issued with the authority of the Procedure Committee. The Companion is the authoritative guide to procedure, but it is by no means the only source of information for members. A summary of key elements of procedure is given in the Brief Guide on Procedure and Practice in the House and Grand Committee, while general services are covered in the Handbook on facilities and services for Members. Members may also consult the Guide to the Code of Conduct, the Guide to Financial Support for Members (from the Finance Department) and the booklets on participation in legislative business issued by the Legislation Office. All such guidance is available online. The Table Clerks and procedural offices are always available to advise members. DAVID BEAMISH Clerk of the Parliaments 1 2 TABLE OF CONTENTS CHAPTER 1: THE HOUSE AND ITS MEMBERSHIP ................................ 14 Composition of the House ...............................................................................................14 Disqualification for membership.....................................................................................14 Membership of the House under SOs 9 and 10 .................................................. -
Parliaments and the Pandemic (PDF)
Parliaments and the Pandemic Study of Parliament Group January 2021 Preface The Study of Parliament Group (SPG) was formed in 1964. It arose following the publication of Bernard Crick’s seminal book, 'The Reform of Parliament'. A senior clerk in the House of Commons, Michael Ryle, impressed by the work, but feeling that the author may have benefited from more informed knowledge of the actual operation of parliament, contacted Crick. Both felt that meetings between academics and clerks may be of mutual benefit and, with Sir Edward Fellowes, former Clerk of the House of Commons, they sent a memorandum to various parliamentary officers and academics with an interest in parliament. A meeting was organised in October 1964 at which it was agreed to form a body to promote understanding of the way parliament worked and how it may be more effective. The Study of Parliament Group was born. Since its formation, the Group has held conferences and seminars, formed various working groups and been responsible for publishing books and articles. Submissions have also been made to various parliamentary committees, not least those concerned with procedure and reform. The membership has expanded over the years, encompassing clerks from other legislatures in the United Kingdom as well as some with a scholarly interest in parliament without themselves being academics. To encourage frank exchanges of views, MPs and journalists are excluded from membership, though they are regular speakers at Group events. Publications have included substantial volumes such as 'The House of Commons in the Twentieth Century' (1979), 'The New Select Committees' (revised edn. -
Constitutional Renewal Bill
Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty the Queen July 2009 Cm 7690 £9.50 0 Crown Copyright 2009 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. For any other use of this material please write to Office of Public Sector Information, Information Policy Team, Kew, Richmond, Surrey TW9 4DU or e-mail: [email protected] ISBN: 9780101769020 Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill Contents Introduction 3 Protests 7 Attorney General and Prosecutions 14 Courts and Tribunals 20 Ratification of Treaties 30 The Civil Service 35 War Powers 46 Constitutional Renewal? 51 1 Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill 2 Government response to the report of the Joint Committee on the Draft Constitutional Renewal Bill Introduction 1. The Government would like to thank the Joint Committee for their report on the Constitutional Renewal Bill. We are very grateful to the Committee for their thorough consideration of these complex and challenging issues.