Reforming the Prerogative in the UK, by Robert Hazell DRAFT: Not for Wider Circulation, Without Consulting [email protected]
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Cesifo Working Paper No. 7803
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Ryan, John Working Paper The Brexit Conundrum Worsens the UK's Relationship with the European Union CESifo Working Paper, No. 7803 Provided in Cooperation with: Ifo Institute – Leibniz Institute for Economic Research at the University of Munich Suggested Citation: Ryan, John (2019) : The Brexit Conundrum Worsens the UK's Relationship with the European Union, CESifo Working Paper, No. 7803, Center for Economic Studies and ifo Institute (CESifo), Munich This Version is available at: http://hdl.handle.net/10419/207194 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu 7803 2019 August 2019 The Brexit Conundrum Worsens the UK’s Relationship with the European Union John T. -
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. -
'UK-USA Mutual Defence Agreement'. House Of
UK-USA Mutual Defence Agreement Standard Note: SN/IA/3147 Last updated: 30 July 2004 Author: Paul Bowers International Affairs and Defence Section The Agreement between the UK and the USA for Cooperation in the Uses of Atomic Energy for Mutual Defence Purposes 1958, also known as the Mutual Defence Agreement (MDA), allows the USA and the UK to exchange nuclear materials, technology and information. It was the result of an amendment to post-War US non-proliferation law, which exempted allies that had made substantial progress in developing nuclear weapons from the general ban on exchanges that might lead to nuclear proliferation. The most important part of the MDA is time limited, and it is due to expire at the end of 2004. The UK and the USA have signed a new treaty to extend this deadline to 2014. This treaty must be ratified by both states. Critics argue that the MDA as amended contravenes the parties’ obligations under the Treaty on the Non-Proliferation of Nuclear Weapons 1968 (Nuclear Non-Proliferation Treaty, or NPT). Further information on the NPT is in SN/IA/491, Treaty on the Non-Proliferation of Nuclear Weapons, 23 March 2004, at: http://hcl1.hclibrary.parliament.uk/notes/iads/snia-00491.pdf The procedure in the USA allows Congress an opportunity to veto the ratification. No such opportunity exists in the UK. This Note describes the MDA, its history, the current amending treaty, the procedures surrounding ratification of that treaty, and the concerns over its relationship with the NPT. Contents A. MDA 3 B. -
CONSTITUTION of MICHIGAN of 1963 ARTICLE V EXECUTIVE BRANCH § 1 Executive Power
STATE CONSTITUTION (EXCERPT) CONSTITUTION OF MICHIGAN OF 1963 ARTICLE V EXECUTIVE BRANCH § 1 Executive power. Sec. 1. Except to the extent limited or abrogated by article V, section 2, or article IV, section 6, the executive power is vested in the governor. History: Const. 1963, Art. V, § 1, Eff. Jan. 1, 1964;Am. Init., approved Nov. 6, 2018, Eff. Dec. 22, 2018. Compiler's note: The constitutional amendment set out above was submitted to, and approved by, the electors as Proposal 18-2 at the November 6, 2018 general election. This amendment to the Constitution of Michigan of 1963 became effective December 22, 2018. Former constitution: See Const. 1908, Art. VI, § 2. § 2 Principal departments. Sec. 2. All executive and administrative offices, agencies and instrumentalities of the executive branch of state government and their respective functions, powers and duties, except for the office of governor and lieutenant governor, and the governing bodies of institutions of higher education provided for in this constitution, shall be allocated by law among and within not more than 20 principal departments. They shall be grouped as far as practicable according to major purposes. Organization of executive branch; assignment of functions; submission to legislature. Subsequent to the initial allocation, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. -
Presidential Executive Orders: the Bureaucracy, Congress, and the Courts
Graduate Theses, Dissertations, and Problem Reports 2017 Presidential Executive Orders: The Bureaucracy, Congress, and the Courts Michael Edward Thunberg Follow this and additional works at: https://researchrepository.wvu.edu/etd Recommended Citation Thunberg, Michael Edward, "Presidential Executive Orders: The Bureaucracy, Congress, and the Courts" (2017). Graduate Theses, Dissertations, and Problem Reports. 6808. https://researchrepository.wvu.edu/etd/6808 This Dissertation is protected by copyright and/or related rights. It has been brought to you by the The Research Repository @ WVU with permission from the rights-holder(s). You are free to use this Dissertation in any way that is permitted by the copyright and related rights legislation that applies to your use. For other uses you must obtain permission from the rights-holder(s) directly, unless additional rights are indicated by a Creative Commons license in the record and/ or on the work itself. This Dissertation has been accepted for inclusion in WVU Graduate Theses, Dissertations, and Problem Reports collection by an authorized administrator of The Research Repository @ WVU. For more information, please contact [email protected]. Presidential Executive Orders: The Bureaucracy, Congress, and the Courts Michael Edward Thunberg Dissertation submitted to the Eberly College of Arts and Sciences at West Virginia University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Political Science Jeff Worsham, Ph.D., Co-Chair John Kilwein, Ph.D., Co-Chair Matthew Jacobsmeier, Ph.D. Dave Hauser, Ph.D. Patrick Hickey, Ph.D. Warren Eller, Ph.D. Department of Political Science Morgantown, West Virginia 2017 Keywords: President, executive order, unilateral power, institutions, bureaucratic controls, U.S. -
What the Crown May Do
WHAT THE CROWN MAY DO 1. It is now established, at least at the level of the Court of Appeal (so that Court has recently stated)1, that, absent some prohibition, a Government minister may do anything which any individual may do. The purpose of this paper is to explain why this rule is misconceived and why it, and the conception of the “prerogative” which it necessarily assumes, should be rejected as a matter of constitutional law. 2. The suggested rule raises two substantive issues of constitutional law: (i) who ought to decide in what new activities the executive may engage, in what circumstances and under what conditions; and (ii) what is the scope for abuse that such a rule may create and should it be left without legal control. 3. As Sir William Wade once pointed out (in a passage subsequently approved by the Appellate Committee2), “The powers of public authorities are...essentially different from those of private persons. A man making his will may, subject to any rights of his dependants, dispose of his property just as he may wish. He may act out of malice or a spirit of revenge, but in law this does not affect his exercise of power. In the same way a private person has an absolute power to release a debtor, or, where the law permits, to evict a tenant, regardless of his motives. This is unfettered discretion.” If a minister may do anything that an individual may do, he may pursue any purpose which an individual may do when engaged in such activities. -
Unit 5 (B) Executive
Parliamentary Democracy in India UNIT 5 (B) EXECUTIVE INTRODUCTION A basic feature that characterizes the Parliamentary model is the presence of dual executives. The President of India is the constitutional head of the state whereas the Prime Minister (PM) and his/her Cabinet are the real executive. The PM and Council of Ministers are chosen from the majority party in the Parliament and are responsible to it for their policies and actions. They remain in office, as long as, they enjoy the confidence of the latter. At the head of the central executive is the President of India. Article 53 of the Constitution formally vests in the President the executive powers of the Union, which are exercised by him/her either directly or through officers subordinate to him/her, in accordance with the Constitution. In practice, he/she is aided and advised by the Cabinet which is headed by the PM. Therefore, the executive at the centre consists of the President, the PM, and Cabinet. In this Unit, we will discuss about political executive at the central level in detail. To begin with, is a discussion on President of India. PRESIDENT The President is a Constitutional head of the State in the sense that he/she represents the nation. All actions of the Government are carried out in his name but he is not the ultimate deciding, directing, or determining factor. Article 52 of the Indian Constitution states ‘there shall be a President of India,’ and, as per Article 53(1) in him/her shall be vested the executive powers of the Union, which are exercised by him/her either directly or through officers subordinate to him in accordance with the Constitution.’ In practice he/she is aided and advised by the Council of Ministers headed by the PM. -
Redressing the Democratic Deficit in Treaty Law Making: (Re-)Establishing a Role for Parliament
Redressing the Democratic Deficit in Treaty Law Making: (Re-)Establishing a Role for Parliament Joanna Harrington* Treaties are a significant source of law on a wide Les traités sont une importante source de droit dans range of subjects, but traditionally do not become domestic bien des domaines, mais ne s’intègrent traditionnellement law without national implementation. Nevertheless, the pas au système juridique intérieur sans une mise en œuvre legal character of treaty rules does place pressure on a nationale. Quoi qu’il en soit, le caractère juridique des state’s domestic institutions to ensure compliance. Given règles issues d’un traité exerce une certaine pression sur les the influence of treaty law, several Commonwealth states institutions nationales afin d’en assurer le respect. Étant provide a role for Parliament in treaty making even though donné l’influence du droit des traités, plusieurs états du at common law, the decision to make a treaty clearly rests Commonwealth accordent au Parlement un rôle dans with a government’s executive branch. Such reforms to the l’élaboration des traités, même si d’après le droit commun, treaty-making process attempt to address complaints that a la décision de rédiger un traité appartient clairement à “democratic deficit” exists, including an additional “federal l’exécutif du gouvernement. De telles réformes du democratic deficit” in federal states arising from the processus d’élaboration des traités tentent de répondre aux absence of a requirement for consultation between the critiques suivant lesquelles il existe un «déficit central and regional bodies. A review of the experiences in démocratique», en plus d’un «déficit démocratique fédéral» Canada, the United Kingdom, and Australia leads to dans des états fédéraux, issu de l’absence d’une obligation several suggested reforms to secure greater legislative de consultation entre l’état central et les gouvernements scrutiny, enhance public awareness, and improve locaux. -
Executive Power: the Last Thirty Years
EXECUTIVE POWER: THE LAST THIRTY YEARS GLENN SULMASY* 1. INTRODUCTION The last thirty years have witnessed a continued growth in executive power -with virtually no check by the legislative branch. Regardless of which political party controls the Congress, the institution of the executive continues to grow and increase in power- particularly in the foreign affairs arena. While to many, the end of the Bush administration signaled the end of a perceived "power grab" by the executive branch, nothing could be further from the truth. This short Article will assert that since the founding of this journal thirty years ago, the United States has witnessed several changes that have inevitably led to this rapid expansion of executive power. Section 2 will discuss the Founders' intention that the executive be supreme in the arena of foreign affairs. Section 3 will explore executive power in the twenty-first century, particularly since 9/11 when the vast increases in technology and the ability to inflict massive harm in an instant (often by non-state actors) has necessitated a more aggressive, centralized decisionmaking process within the power of the executive. Additionally, the bureaucratic inefficiencies of the Congress have crippled its ability to actually "check" the executive, for fear of being perceived as "soft on terror" or "weak on defense." With these considerations, this Article recommends that President Barack Obama continue to protect his executive prerogatives as the best means of promoting national security in the twenty-first century. Unfortunately, the real danger is not necessarily the understandable growth in executive power - it is that foreign affairs and wartime decisionmaking is going unchecked by the Congress and is increasingly in the hands of the federal courts and * Glenn Sulmasy is on the law faculty of the United States Coast Guard Academy. -
Parliament's Role in Ratifying Treaties
BRIEFING PAPER Number 5855, 20 January 2017 Parliament's role in By Arabella Lang ratifying treaties Contents: 1. The Government makes treaties 2. Parliament makes any implementing legislation 3. Parliament can object to ratification 4. No requirement for a debate or vote 5. Role of devolved executives and legislatures 6. Different rules for specific types of treaty 7. More parliamentary scrutiny of treaties? www.parliament.uk/commons-library | intranet.parliament.uk/commons-library | [email protected] | @commonslibrary 2 Parliament's role in ratifying treaties Contents Summary 3 1. The Government makes treaties 5 2. Parliament makes any implementing legislation 7 3. Parliament can object to ratification 8 3.1 Introduction 8 3.2 The Government must lay treaties before Parliament 8 3.3 The Commons can block ratification 9 3.4 Limits of the 2010 Act 9 4. No requirement for a debate or vote 10 5. Role of devolved executives and legislatures 12 6. Different rules for specific types of treaty 13 6.1 Exceptional cases 13 6.2 Memorandums of Understanding 13 6.3 EU Treaties 13 Treaties that amend the EU Treaties 13 EU external agreements 14 6.4 Double taxation agreements 14 7. More parliamentary scrutiny of treaties? 16 7.1 Introduction 16 7.2 Other countries 16 7.3 More debates and votes? 16 Affirmative resolution procedure 16 Other formal requirements for a debate 17 7.4 Before signature? 17 No formal role for Parliament before signature 17 Proposals 18 Cover page image copyright Click & browse to copyright info for stock image 3 Commons Library Briefing, 20 January 2017 Summary The Government makes treaties, but Parliament has a role Although the UK Government is responsible for negotiating, signing and ratifying international treaties, Parliament has a statutory role in ratifying them, and can also be involved in other ways. -
The Royal Prerogative and Equality Rights the Royal
THE ROYAL PREROGATIVE AND EQUALITY RIGHTS 625 THE ROYAL PREROGATIVE AND EQUALITY RIGHTS: CAN MEDIEVAL CLASSISM COEXIST WITH SECTION 15 OF THE CHARTER? GERALD CHI PE UR• The author considers whether the prerogative L' auteur se demande si la prerogative de priorite priority of the Crown in the collection of debts of de la Cour01me dans le recouvrement des crea11ces equal degree is inconsistem with the guaramee of de degre ega/ respecte la garantie d' egalite que equality found in section I 5 of the Canadian Charter colltiefll /' art. 15 de la Charle des droits et libertes. of Rights an.d Freedoms "Charter." He concludes Sa conclusion est negatfre et ii estime qu',me telle that the Crown prerogative of priority is 1101 prerogatfre ne constitue pas une limite raismmable consistent with section I 5 and that such prerogative dons ,me societe fibre et democratique, atLrtermes de is not a reasonable limit in a free and democratic /' art. I de la Charte. society under section 1 of the Charter. L' a111eur etudie d' abord /es origines de la The author first investigates the origins of the prerogative de la Courom1e,puis la prerogative de la Crown prerogative in general and then the priorite plus particulierement. II I' examine ensuite a prerogative of priority in particular. The author then la lumiere de la Chane. L' auteur dec:/areque /' objet proceeds to apply the Charter to the prerogative of de la prerogative de priorite etait de recom,aitre la priority. The author submits that the purpose of the notion medierale de preeminence et superiorite prerogative priority is to recogni:e the medieval person11elle de la Reine sur ses sujets, et qu'un tel concept of the personal pre-eminence and superiority objet est contraire aux valeurs promues par la of the Queen over her subjects and that such a garalltie d' egalite e11oncee dons I' art. -
Annex 18 Article 2B, NYS Executive
NYS Executive Law Article 2-B § 20. Natural and man-made disasters; policy; definitions 1. It shall be the policy of the state that: a. local government and emergency service organizations continue their essential role as the first line of defense in times of disaster, and that the state provide appropriate supportive services to the extent necessary; b. local chief executives take an active and personal role in the development and implementation of disaster preparedness programs and be vested with authority and responsibility in order to insure the success of such programs; c. state and local natural disaster and emergency response functions be coordinated using recognized practices in incident management in order to bring the fullest protection and benefit to the people; d. state resources be organized and prepared for immediate effective response to disasters which are beyond the capability of local governments and emergency service organizations; and e. state and local plans, organizational arrangements, and response capability required to execute the provisions of this article shall at all times be the most effective that current circumstances and existing resources allow. 2. As used in this article the following terms shall have the following meanings: a. "disaster" means occurrence or imminent threat of wide spread or severe damage, injury, or loss of life or property resulting from any natural or man-made causes, including, but not limited to, fire, flood, earthquake, hurricane, tornado, high water, landslide, mudslide, wind, storm, wave action, volcanic activity, epidemic, air contamination, terrorism, cyber event, blight, drought, infestation, explosion, radiological accident, nuclear, chemical, biological, or bacteriological release, water contamination, bridge failure or bridge collapse.