British Political System: PART II
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Translating the Constitution Act, 1867
TRANSLATING THE CONSTITUTION ACT, 1867 A Legal-Historical Perspective by HUGO YVON DENIS CHOQUETTE A thesis submitted to the Faculty of Law in conformity with the requirements for the degree of Master of Laws Queen’s University Kingston, Ontario, Canada September 2009 Copyright © Hugo Yvon Denis Choquette, 2009 Abstract Twenty-seven years after the adoption of the Constitution Act, 1982, the Constitution of Canada is still not officially bilingual in its entirety. A new translation of the unilingual Eng- lish texts was presented to the federal government by the Minister of Justice nearly twenty years ago, in 1990. These new French versions are the fruits of the labour of the French Constitutional Drafting Committee, which had been entrusted by the Minister with the translation of the texts listed in the Schedule to the Constitution Act, 1982 which are official in English only. These versions were never formally adopted. Among these new translations is that of the founding text of the Canadian federation, the Constitution Act, 1867. A look at this translation shows that the Committee chose to de- part from the textual tradition represented by the previous French versions of this text. In- deed, the Committee largely privileged the drafting of a text with a modern, clear, and con- cise style over faithfulness to the previous translations or even to the source text. This translation choice has important consequences. The text produced by the Commit- tee is open to two criticisms which a greater respect for the prior versions could have avoided. First, the new French text cannot claim the historical legitimacy of the English text, given their all-too-dissimilar origins. -
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Old English Customs THE FAVERSHAM MOOT HORN. This horn served for the calling of local assemblies at Faversham, Kent, circa 1300. Old Snglish Customs Sxtant at the Present Time An Account of Local Observances^ Festival Customs^ and (Ancient Ceremonies yet Surviving in Great Britain By T. H. T)itchfield, 3U.A., F.S.A. London cK 1896 \v PREFACE I HE object of this work is to describe all the old customs which still linger on in the obscure nooks and corners of our native land, or which have survived the march of progress in our busy city's life. There are many books which treat of ancient customs, and repeat again the stories told by Brand, Hone, and other historians and as far antiquaries ; but, as we are aware, there is no book describing the actual folk-customs yet extant, which may be witnessed to-day by the folk-lorist and lover of rural manners. We have endeavoured to supply this want, and to record only those customs which time has spared. Undoubtedly the decay has been rapid. Many customs have vanished, quietly dying out without giving a sign. The present generation has witnessed the extinc- tion of many observances which our fathers practised and revered, and doubtless the v 286064 Preface progress of decay will continue. We have entered upon a diminished inheritance. Still it is surprising to find how much has been left how the race ; tenaciously English clings to that which habit and usage have estab- lished how ancient customs hold in ; sway the palace, the parliament, the army, the law courts, amongst educated people as well as unlearned rustics cluster ; how they around our social institutions, are enshrined in reli- and are law gious ceremonial, preserved by ; how carefully they have been guarded through the many ages of their existence, and how deeply rooted they are in the affections of the English people. -
A Book About Lawyers
A Book About Lawyers By John Cordy Jeaffreson A Book About Lawyers PART I. HOUSES AND HOUSEHOLDERS. CHAPTER I. LADIES IN LAW COLLEGES. A law-student of the present day finds it difficult to realize the brightness and domestic decency which characterized the Inns of Court in the sixteenth, seventeenth, and eighteenth centuries. Under existing circumstances, women of character and social position avoid the gardens and terraces of Gray's Inn and the Temple. Attended by men, or protected by circumstances that guard them from impertinence and scandal, gentlewomen can without discomfort pass and repass the walls of our legal colleges; but in most cases a lady enters them under conditions that announce even to casual passers the object of her visit. In her carriage, during the later hours of the day, a barrister's wife may drive down the Middle Temple Lane, or through the gate of Lincoln's Inn, and wait in King's Bench Walk or New Square, until her husband, putting aside clients and papers, joins her for the homeward drive. But even thus placed, sitting in her carriage and guarded by servants, she usually prefers to fence off inquisitive eyes by a bonnet-veil, or the blinds of her carriage-windows. On Sunday, the wives and daughters of gentle families brighten the dingy passages of the Temple, and the sombre courts of Lincoln's Inn: for the musical services of the grand church and little chapel, are amongst the religious entertainments of the town. To those choral celebrations ladies go, just as they are accustomed to enter any metropolitan church; and after service they can take a turn in the gardens of either Society, without drawing upon themselves unpleasant attention. -
02 TABLE 2007 Pages
THE JOURNAL OF THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS EDITED BY CHRISTOPHER JOHNSON VOLUME 75 2007 THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS HOUSE OF LORDS LONDON SW1A 0PW © The Society of Clerks-at-the-Table in Commonwealth Parliaments 2007 ISBN 978-0-904979-32-6 ISSN 0264-7133 CONTENTS Editorial 1 Parliamentary Control of Finance: Bringing Back the Revolution HARRY EVANS 9 Shield or Sword? Parliamentary Privilege, Charter Rights and the Rule of Law 17 CHARLES ROBERT AND VINCE MACNEIL Multiple Choice Voting 39 ANDREW MAKOWER, PAUL BRISTOW AND NICOLAS BESLY When is Ministerial Briefing Material Protected by Parliamentary Privilege and what are the Implications? 49 NEIL LAURIE Parliamentary Privilege and Modern Communications: a Postscript 62 NEIL LAURIE The Australian Parliamentary Studies Centre: Strengthening Parliamentary Institutions Project 69 IAN HARRIS Westminster, Past and Present 73 Miscellaneous Notes 89 Comparative Study: Developments in Support Services 123 Privilege 169 Standing Orders 189 Sitting Times 215 Unparliamentary Expressions 218 Books and Videos on Parliament 222 Index 226 iii THE TABLE The Journal of The Society of Clerks-at-the-Table in Commonwealth Parliaments EDITORIAL In the House of Lords 2006 saw the election of Baroness Hayman as the first Lord Speaker, bringing to an end a centuries-long sequence of Lord Chancellors who have held the post of Speaker ex officio. Having been elected in a secret ballot by the Members of the House of Lords, Baroness Hayman replaced the Lord Chancellor on the Woolsack with little ceremony, on 4 July 2006. The election of a Speaker was undoubtedly among the most significant events in the House of Lords in recent years. -
House of Lords Record Office.The Making and Keeping of Acts At
House of Lords Record OfficeThe making and keeping of Actsat Westminster House of Lords Record Office The making and keeping of Acts at Westminster Reprinted from: History Today, Vol. VI, pp. 765-773 (1956) House of Lords Record Office Additional Memorandum (1958) La Reyne le Veult: The making and keeping of Acts at Westminster by M. F. Bond One of the great events in our social and political calendar is the Opening of Parliament. Then the Sovereign drives ceremonially through the streets of London to her Palace of Westminster, to be met at the foot of the Victoria Tower by the Lord Chancellor, the Earl Marshal, the Lord Great Chamberlain and other dignitaries. After assuming the parliamentary robes and the Imperial Crown, she walks in procession to the Parliament Chamber, preceded by Peers who bear the Cap of Maintenance and the Sword of State. Seated on the Throne the Queen then makes to the assembly of robed Peers and Judges, with the members of her faithful Commons standing at the Bar of the House, and the Ambassadors and Peeresses seated in the Chamber, as guests of the day, the Speech which outlines the business to be transacted by Parliament in the coming session. It is a glittering occasion; its importance and brilliance are enhanced by its uniqueness, for at no other time in the year does the Sovereign nowadays participate in the business of Parliament. Yet in the past royal visits were frequent: not only did the Sovereign start Parliament on its way, but from time to time the ruler sat in the Lords, listening to the progress of business, and, after discussion on a Bill had reached its conclusion in both Houses, the Sovereign played his historic part by coming again in person and giving or, indeed, withholding his assent to the Bill in question. -
House of Lords Companion to the Standing Orders
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 2017 PREFACE This is the 25th 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. Guidance on key elements of procedure and taking part in business are given in the Short Guide to Practice and Procedure in the Chamber and Grand Committee and the booklets on participation in legislative business issued by the Legislation Office,1 while general services are covered in the Handbook on Facilities and Services for Members and their staff.2 Members may also consult the Guide to the Code of Conduct,3 the Guide to Financial Support for Members4 (from the Finance Department). The Table Clerks and procedural offices are always available to advise members. DAVID BEAMISH Clerk of the Parliaments 1 https://intranet.parliament.uk/business-news/parliamentary-business/guidance-and-handbooks/ procedure-and-practice/ 2 https://intranet.parliament.uk/business-news/parliamentary-business/guidance-and-handbooks/ facilities-handbook/ 3 http://www.parliament.uk/mps-lords-and-offices/standards-and-financial-interests/house-of-lords- commissioner-for-standards-/code-of-conduct-for-the-house-of-lords/ 4 http://www.parliament.uk/business/lords/whos-in-the-house-of-lords/house-of-lords-expenses/ #jump-link-3 iii iv ABBREVIATIONS Erskine May Erskine May’s Treatise on The Law, Privileges and Usage of Parliament, 24th edition, 2011 GO General Order (see paragraph 9.96) HL Deb. -
General Principles of Constitutional and Administrative Law, Fourth Edition
General Principles of Constitutional and Administrative Law Fourth Edition John Alder General Principles of Constitutional and Administrative Law Palgrave Macmillan Law Masters Series Editor Marise Cremona Stephen Judge BUSINESS LAW (2nd edn) Janet Dine COMPANY LAW (4th edn) John Alder GENERAL PRINCIPLES OF CONSTITUTIONAL AND ADMINISTRATIVE LAW (4th edn) Ewan McKendrick CONTRACT LAW (4th edn) Priscilla Sarton CONVEYANCING (3rd edn) Jonathan Herring CRIMINAL LAW (3rd edn) Debbie J. Lockton EMPLOYMENT LAW (4th edn) Raymond Emson EVIDENCE Kate Standley FAMILY LAW (3rd edn) David Cowan HOUSING LAW AND POLICY Tina Hart and Linda Fazzani INTELLECTUAL PROPERTY LAW (2nd edn) Kate Green and Joe Cursley LAND LAW (4th edn) Margaret Wilkie and Godfrey Cole LANDLORD AND TENANT LAW (4th edn) Jo Shaw LAW OF THE EUROPEAN UNION (3rd edn) Catherine Rendell LAW OF SUCCESSION Ian McLeod LEGAL METHOD (4th edn) Ian McLeod LEGAL THEORY Robert East SOCIAL SECURITY LAW Alastair Mullis and Ken Oliphant TORTS (3rd edn) General Principles of Constitutional and Administrative Law Fourth Edition John Alder Professor of Law, University of Newcastle upon Tyne With contributions from Michael Haley, Barry Hough, Richard Mullender Law series editor: Marise Cremona Professor of European Commercial Law, Centre for Commercial Law Studies, Queen Mary, University of London & John Alder, 1989, 1994, 1999, 2002 All rights reserved. No. reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. -
Comparison of the United States and the United Kingdom Copyright Laws Regarding Ownership of Primary Law Materials
KINGDOM COMPARISON OF THE UNITED STATES AND THE UNITED LAW MATERIALS COPYRIGHT LAWS REGARDING OWNERSHIP OF PRIMARY By IRINA Y. DMITRIEVA A DISSERTATION PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY UNIVERSITY OF FLORIDA 2003 Copyright 2003 by Irina Y. Dmitrieva For my parents, Elizaveta and Yuriy Dmitriev, for my grandmother, Vera Klennikova, and in the loving memory of my grandfather, Alexander Klennikov. ACKNOWLEDGMENTS This dissertation would not have been possible without the help of the librarians on staff the University of both sides of the Atlantic. 1 would like to thank the patient of grateful Florida’s Government Documents collection, especially Paige Harper. Also, I am British for the opportunity to have worked in the following U.K. collections; the Museum the Library; the Public Records Office at the National Archives of England, Wales, and United Kingdom; the House of Lords Reeords Office; and the Bodleian Law Library at for supplying me with the University of Oxford. I thank Her Majesty’s Stationery Office the requested materials. My special thanks go to my academic advisor. University of Florida Professor Bill Chamberlin, who was with me every step of the way, and to my family in Moscow, Russia, who always supported me: my mother, Elizaveta Dmitrieva, my father, Yuriy Dmitriev, my grandmother, Vera Klennikova, and my uncle, Vitaliy Klennikov. IV TABLE OF CONTENTS pagg ACKNOWLEDGMENTS ABSTRACT ^ CHAPTER ^ 1 INTRODUCTION Research Questions and Methodology ^ ^ Theoretical Framework ^ Significance Of the Study ^ ^ Literature Review Review of Literature on U.S. -
General Principles of Constitutional and Administrative Law, Fourth Edition
General Principles of Constitutional and Administrative Law Fourth Edition John Alder General Principles of Constitutional and Administrative Law Palgrave Macmillan Law Masters Series Editor Marise Cremona Stephen Judge BUSINESS LAW (2nd edn) Janet Dine COMPANY LAW (4th edn) John Alder GENERAL PRINCIPLES OF CONSTITUTIONAL AND ADMINISTRATIVE LAW (4th edn) Ewan McKendrick CONTRACT LAW (4th edn) Priscilla Sarton CONVEYANCING (3rd edn) Jonathan Herring CRIMINAL LAW (3rd edn) Debbie J. Lockton EMPLOYMENT LAW (4th edn) Raymond Emson EVIDENCE Kate Standley FAMILY LAW (3rd edn) David Cowan HOUSING LAW AND POLICY Tina Hart and Linda Fazzani INTELLECTUAL PROPERTY LAW (2nd edn) Kate Green and Joe Cursley LAND LAW (4th edn) Margaret Wilkie and Godfrey Cole LANDLORD AND TENANT LAW (4th edn) Jo Shaw LAW OF THE EUROPEAN UNION (3rd edn) Catherine Rendell LAW OF SUCCESSION Ian McLeod LEGAL METHOD (4th edn) Ian McLeod LEGAL THEORY Robert East SOCIAL SECURITY LAW Alastair Mullis and Ken Oliphant TORTS (3rd edn) General Principles of Constitutional and Administrative Law Fourth Edition John Alder Professor of Law, University of Newcastle upon Tyne With contributions from Michael Haley, Barry Hough, Richard Mullender Law series editor: Marise Cremona Professor of European Commercial Law, Centre for Commercial Law Studies, Queen Mary, University of London & John Alder, 1989, 1994, 1999, 2002 All rights reserved. No. reproduction, copy or transmission of this publication may be made without written permission. No paragraph of this publication may be reproduced, copied or transmitted save with written permission or in accordance with the provisions of the Copyright, Designs and Patents Act 1988, or under the terms of any licence permitting limited copying issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1T 4LP. -
The Table, Volume 86, 2018
VOL. 86 FOR 2018 T H E J O U R N A L O F T H E S OC I E T Y O F C L E R K S - AT- T H E - TA B L E I N COMMONWE A LT H PA R L I AME N T S VOLUME 86 2018 £15.00 Journal of the Society of Clerks-at-the-Table in Commonwealth Parliaments Please check colours, board and finish with Kinnaird marketing Green and red should match Vol.75 2007 edition???? The Table THE JOURNAL OF THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS EDITED BY LUKE HUSSEY VOLUME 86 2018 THE SOCIETY OF CLERKS-AT-THE-TABLE IN COMMONWEALTH PARLIAMENTS HOUSE OF LORDS LONDON SW1A 0PW 86 The Table v3 .indd 1 21/11/2018 08:54 The Table 2018 ©The Society of Clerks-at-the-Table in Commonwealth Parliaments 2018 ISBN 0-904979-43-1 ISSN 0264-7133 86 The Table v3 .indd 2 21/11/2018 08:54 CONTENTS Editorial 1 Archibald Milman and the 1894 Finance Bill 10 COLIN LEE Party voting in the New Zealand House of Representatives 40 DAVID WILSON The Lord Speaker's Committee on the size of the House of Lords: a new approach to turning the oil tanker 48 TOM WILSON Conduct in the Jersey States Assembly 55 MARK EGAN The Strathclyde Review: effective scrunity of secondary legislation? 58 PAUL BRISTOW Miscellaneous notes 63 Comparative study: dissolution of Parliament 115 Privilege 144 Standing orders 163 Sitting days 179 Unparliamentary expressions 182 Books on parliament in 2017 191 Index 197 iii 86 The Table v3 .indd 3 21/11/2018 08:54 86 The Table v3 .indd 4 21/11/2018 08:54 The Table The Journal of the Society of Clerks-at-the-Table in Commonwealth Parliaments EDITORIAL This edition of The Table sees a welcome return to Colin Lee’s series on Archibald Milman, this time considering the passage of the legislation giving effect to the 1894 Budget through the House of Commons, and the procedural issues that arose. -
UK Constitution and Government
UK Constitution and Government Wikibooks.org March 21, 2013 On the 28th of April 2012 the contents of the English as well as German Wikibooks and Wikipedia projects were licensed under Creative Commons Attribution-ShareAlike 3.0 Unported license. An URI to this license is given in the list of figures on page 61. If this document is a derived work from the contents of one of these projects and the content was still licensed by the project under this license at the time of derivation this document has to be licensed under the same, a similar or a compatible license, as stated in section 4b of the license. The list of contributors is included in chapter Contributors on page 59. The licenses GPL, LGPL and GFDL are included in chapter Licenses on page 65, since this book and/or parts of it may or may not be licensed under one or more of these licenses, and thus require inclusion of these licenses. The licenses of the figures are given in the list of figures on page 61. This PDF was generated by the LATEX typesetting software. The LATEX source code is included as an attachment (source.7z.txt) in this PDF file. To extract the source from the PDF file, we recommend the use of http://www.pdflabs.com/tools/pdftk-the-pdf-toolkit/ utility or clicking the paper clip attachment symbol on the lower left of your PDF Viewer, selecting Save Attachment. After extracting it from the PDF file you have to rename it to source.7z. To uncompress the resulting archive we recommend the use of http://www.7-zip.org/. -
Companion to the Standing Orders 2015
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 2015 PREFACE This is the 24th 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 and their staff. 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 ................................ 15 Composition of the House ...............................................................................................15 Disqualification from membership ................................................................................15 Membership of the House under SOs 9 and 10 ..................................................