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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. -
Afghanistan's Parliament in the Making
Andrea Fleschenberg Afghanistan’s parliament in the making Gendered understandings and practices of politics in a transitional country Afghanistan’s parliament in the making 6cYgZV;aZhX]ZcWZg\!E]9!XjggZcianldg`hVhgZhZVgX]VhhdX^ViZVcYaZXijgZg Vii]Z>chi^ijiZd[HdX^VaHX^ZcXZVii]ZJc^kZgh^ind[=^aYZh]Z^b!<ZgbVcn# EgZk^djhan!h]ZlVhVgZhZVgX][ZaadlVii]Z>chi^ijiZd[:Vhi6h^VcHijY^Zh$Ed" a^i^XVaHX^ZcXZVii]ZJc^kZgh^ind[9j^hWjg\":hhZcVcYVaZXijgZgVii]ZJc^kZg" h^ind[8dad\cZ!<ZgbVcn#>c'%%,h]ZlVhVk^h^i^c\egd[ZhhdgVii]ZJc^kZgh^in d[i]ZEjc_VW^cAV]dgZ!EV`^hiVc!VcY^c'%%+Vii]ZJc^kZgh^iVi?VjbZ>^c 8VhiZaadc!HeV^c#=ZggZhZVgX]VgZVhVgZXdbeVgVi^kZVcYi]^gYldgaYeda^i^Xh l^i]VeVgi^XjaVg[dXjhdcHdji]VcYHdji]ZVhi6h^V!YZbdXgVi^oVi^dcVcY ZaZXi^dchijY^Zh!igVch^i^dcVa_jhi^XZ^hhjZh!\ZcYZgVcYeda^i^Xh!dcl]^X]h]Z ]VhXdcig^WjiZYcjbZgdjhejWa^XVi^dch# I]^hejWa^XVi^dclVhegZeVgZYl^i]hjeedgi[gdbi]ZJc^iZYCVi^dch9ZkZade" bZci;jcY[dgLdbZcJC>;:B"6[\]Vc^hiVc#I]Zk^ZlhVcYVcVanh^hXdc" iV^cZY^ci]ZejWa^XVi^dcVgZi]dhZd[i]ZVji]dgVcYYdcdicZXZhhVg^angZegZ" hZcii]Zk^Zlhd[JC>;:B!i]ZJc^iZYCVi^dchdgVcnd[^ihV[Äa^ViZYdg\Vc^oV" i^dch# 7^Wa^d\gVe]^XYViVd[i]Z<ZgbVcA^WgVgn I]Z<ZgbVcCVi^dcVaA^WgVgn9C7a^hihi]^hejWa^XVi^dc^ci]Z<ZgbVcCV" i^dcVa7^Wa^d\gVe]n#;dgYZiV^aZYW^Wa^d\gVe]^XYViVdca^cZ\did/]iie/$$YcW# YYW#YZ 6[\]Vc^hiVc¼heVga^VbZci^ci]ZbV`^c\ <ZcYZgZYjcYZghiVcY^c\hVcYegVXi^XZhd[eda^i^Xh^cVigVch^i^dcVaXdjcign 7n6cYgZV;aZhX]ZcWZg\ :Y^iZYWni]Z=Z^cg^X]7aa;djcYVi^dc >cXddeZgVi^dcl^i]JC>;:B =Z^cg^X]"7aa"Hi^[ijc\!7Zga^c'%%.0JC>;:B 6aag^\]ihgZhZgkZY :Y^i^c\/GdWZgi;jgadc\ E]didh/<jaWjYY^c:a]Vb 9Zh^\cVcYIneZhZii^c\/\gVe]^XhncY^XVi!B^X]VZaE^X`VgYi!7Zga^c -
Accountability for National Defence
Ideas IRPP Analysis Debate Study Since 1972 No. 4, March 2010 www.irpp.org Accountability for National Defence Ministerial Responsibility, Military Command and Parliamentary Oversight Philippe Lagassé While the existing regime to provide accountability for national defence works reasonably well, modest reforms that reinforce the convention of ministerial responsibility can improve parliamentary oversight and civilian control of the military. Le processus actuel de reddition de comptes en matière de défense nationale remplit son rôle ; toutefois, des réformes mineures renforçant la responsabilité ministérielle permettraient de consolider la surveillance parlementaire et la direction civile des forces militaires. Contents Summary 1 Résumé 2 Parliament and National Defence 5 The Government and National Defence 28 Notes and References 58 About This Study 61 The opinions expressed in this paper are those of the author and do not necessarily reflect the views of the IRPP or its Board of Directors. IRPP Study is a refereed monographic series that is published irregularly throughout the year. Each study is subject to rigorous internal and external peer review for academic soundness and policy relevance. IRPP Study replaces IRPP Choices and IRPP Policy Matters. All IRPP publications are available for download at irpp.org. If you have questions about our publications, please contact [email protected]. If you would like to subscribe to our newsletter, Thinking Ahead, please go to our Web site, at irpp.org. ISSN 1920-9436 (Online) ISSN 1920-9428 (Print) ISBN 978-0-88645-219-3 (Online) ISBN 978-0-88645-221-6 (Print) Summary Canadians’ renewed focus on military matters reflects a desire to strengthen accountability for matters of national defence. -
The Impossible Office? Anthony Seldon , Assisted by Jonathan Meakin , Illias Thoms Index More Information
Cambridge University Press 978-1-316-51532-7 — The Impossible Office? Anthony Seldon , Assisted by Jonathan Meakin , Illias Thoms Index More Information Index 10 Downing Street, 6, 17, 45, 112, 127, 149, Alfred the Great, 26 166, 173, 189–90, 330–1, 338 Aliens Act (1905), 51 ‘Garden Suburb’, 118 Allen, Douglas, 300 14 Downing Street, 255 Althorp, John Charles Spencer, Lord 1922 Committee, 194 Althorp, 108, 285 1958 US–UK Defence Agreement, 35 American Civil War (1861–5), 107, 209, 263 2011 UK Census, 50 American colonies, 71, 72, 74, 75 7/7 terrorist attack, 44 American War of Independence (1775–83), 70 Whitehall, 166, 190 40, 76, 83, 210, 212, 227, 230, 251, 9/11 terrorist attack, 44, 211 254, 256 Amherst, Jeffrey, 253 Abdication crisis (1936), 121, 203, 240 Amiens, Treaty of (1802), 90, 96 Aberdeen, George Hamilton-Gordon, Lord Anderson, John, 295 Aberdeen, 30, 102, 104, 105, 106, 110, Andreotti, Giulio, 140 113, 173, 181, 212, 234, 262, 287, Andrew, Duke of York, 17 316, 319 Anglican Church. See Church of England Act of Settlement (1701), 12, 223, 251 Anglo French Naval Convention (1911), Act of Union (1707), 10, 12, 26, 38, 66, 265 156, 223 Anglo–Japanese Alliance (1902), 264 Act of Union (1800), 39, 89 Anne, Queen, 12, 14, 22, 64, 65, 93, 223, 251 Adams, John, 168, 227 Archbishop of Canterbury, 25 Adams, W. G. S., 118 Argyll, John Campbell, Duke of Argyll, Addington, Henry, 49, 90, 96, 268, 318, 337 23, 82 Adelaide, Queen, 231, 232 aristocracy, 48 Adenauer, Konrad, 140 Armstrong, William, 143, 144, 171, Admiralty, 26, 117, 155, 250, -
The Electric Telegraph
To Mark, Karen and Paul CONTENTS page ORIGINS AND DEVELOPMENTS TO 1837 13 Early experiments—Francis Ronalds—Cooke and Wheatstone—successful experiment on the London & Birmingham Railway 2 `THE CORDS THAT HUNG TAWELL' 29 Use on the Great Western and Blackwall railways—the Tawell murder—incorporation of the Electric Tele- graph Company—end of the pioneering stage 3 DEVELOPMENT UNDER THE COMPANIES 46 Early difficulties—rivalry between the Electric and the Magnetic—the telegraph in London—the overhouse system—private telegraphs and the press 4 AN ANALYSIS OF THE TELEGRAPH INDUSTRY TO 1868 73 The inland network—sources of capital—the railway interest—analysis of shareholdings—instruments- working expenses—employment of women—risks of submarine telegraphy—investment rating 5 ACHIEVEMENT IN SUBMARINE TELEGRAPHY I o The first cross-Channel links—the Atlantic cable— links with India—submarine cable maintenance com- panies 6 THE CASE FOR PUBLIC ENTERPRISE 119 Background to the nationalisation debate—public attitudes—the Edinburgh Chamber of Commerce— Frank Ives. Scudamore reports—comparison with continental telegraph systems 7 NATIONALISATION 1868 138 Background to the Telegraph Bill 1868—tactics of the 7 8 CONTENTS Page companies—attitudes of the press—the political situa- tion—the Select Committee of 1868—agreement with the companies 8 THE TELEGRAPH ACTS 154 Terms granted to the telegraph and railway companies under the 1868 Act—implications of the 1869 telegraph monopoly 9 THE POST OFFICE TELEGRAPH 176 The period 87o-1914—reorganisation of the -
The Basis of Vicarious Liability
Laski, harola Joseph The basis of vicarious liabil. Kl) 1999 I 38 1916 ( . 1 NOBA Digitized by the Internet Archive in 2008 with funding from 1 IVIicrosoft Corporation http://www.archive.org/details/basisofvicariousOOIaskuoft I^irvt^, rrf. UJ-X4J^ / The Basis of Vicarious Liability HAROLD J. LASKI {Reprinted from the Yale Law Journal^ December, 1916) THE BASIS OF VICARIOUS LIABILITY I If a master choose to give orders to his servant, no one can fail to understand why he should be held liable for the conse- quences of their commission.^ Nor is the case in substance dif- ferent when he ratifies his servant's act. To stamp what is done for him with the seal of his approval is tacitly, but obviously, to accept the act as his own f and that is true no less where the ratification is implicit, than where it is expressly made manifest.^ No one, moreover, deems it necessary to take objection to lia- bility which is consequent upon a general negligence.* I may knowingly employ a clearly incompetent person.^ I may con- sciously fail to provide proper means for the performance of the allotted work.^ I may fail to give my servant information which I know to be essential to the right completion of his task.'' 1 may fail to take adequate precautions against the commission of a tort in my presence.^ In cases such as these, where the master is directly involved, it is essential to any scheme of law that he should be held liable for such damage as his servant may cause. -
Afghanistan's Parliament in the Making
The involvement of women in Afghanistan’s public life is decreasing. Attacks, vigilantism, and legal processes that contradict the basic principles of human and women’s rights are the order of the day. The security situation is worsening in step with the disenchantment E MAKING H arising from the lack of results and functional shortcomings of existing democratic structures. In the face of such difficulties, we often forget who should create the legal underpinnings for the power in Afghanistan: the women and men in parliament who are working to build a state in these turbulent times of transition. To what extent will these elected representatives succeed in creating alternatives to established traditional power structures? What are the obstacles they face? What kinds of networks or caucuses are they establishing? This book, which is based on interviews of male and female members of parliament held in Kabul in 2007 and 2008, examines the reali- IN T pARLIAMENT ANISTan’s H ties of parliamentary work in Afghanistan. It shows how varied and G coercive the patterns of identification prevalent in Afghanistan can AF be, and it provides a rare opportunity to gain insights into the self- images and roles of women in parliament. ISBN 978-3-86928-006-6 Andrea Fleschenberg Afghanistan’s parliament in the making Andrea Fleschenberg Gendered understandings and practices of politics in a transitional country .) ED BÖLL FOUNDATION ( BÖLL FOUNDATION H The Green Political Foundation Schumannstraße 8 10117 Berlin www.boell.de HEINRIC Afghanistan’s parliament in the making Andrea Fleschenberg, PhD, currently works as research associate and lecturer at the Institute of Social Science at the University of Hildesheim, Germany. -
Rebalancing the British Constitution the Future for Human Rights Law
Rebalancing the British Constitution The future for human rights law Jim McConalogue Rebalancing the British Constitution Rebalancing the British Constitution The future for human rights law Jim McConalogue First published March 2020 © Civitas 2020 55 Tufton Street London SW1P 3QL email: [email protected] All rights reserved ISBN 978-1-912581-04-7 Independence: Civitas: Institute for the Study of Civil Society is a registered educational charity (No. 1085494) and a company limited by guarantee (No. 04023541). Civitas is financed from a variety of private sources to avoid over-reliance on any single or small group of donors. All the Institute’s publications seek to further its objective of promoting the advancement of learning. The views expressed are those of the authors, not of the Institute. Typeset by Typetechnique Printed in Great Britain by 4edge Limited, Essex iv Contents Author vi Summary vii Introduction 1 1. Taking back parliamentary democracy 28 2. Reversing judicial supremacy and the ‘constitutional 38 shocks’ of Strasbourg jurisprudence 3. Rekindling the power of the executive to govern 65 and protect 4. Sovereignty and the restoration of British 88 human rights 5. Reclaiming democracy and deliberation – 107 the foundation for future rights Conclusion 124 Notes 127 v Author Jim McConalogue is the editorial director at the think tank Civitas and author of The British Constitution Resettled: Parliamentary Sovereignty Before and After Brexit (Palgrave Macmillan 2019). vi Summary Practical guidance • The repeal of the Human Rights Act (HRA) is now well overdue, given its detrimental impact on the UK constitution. • The UK must withdraw from the jurisdiction of the European Court of Human Rights (ECtHR) in Strasbourg. -
Theparliamentarian
TheParliamentarian Journal of the Parliaments of the Commonwealth 2015 | Issue Three XCVI | Price £13 Elections and Voting Reform PLUS Commonwealth Combatting Looking ahead to Millenium Development Electoral Networks by Terrorism in Nigeria CHOGM 2015 in Malta Goals Update: The fight the Commonwealth against TB Secretary-General PAGE 150 PAGE 200 PAGE 204 PAGE 206 The Commonwealth Parliamentary Association (CPA) Shop CPA business card holders CPA ties CPA souvenirs are available for sale to Members and officials of CPA cufflinks Commonwealth Parliaments and Legislatures by CPA silver-plated contacting the photoframe CPA Secretariat by email: [email protected] or by post: CPA Secretariat, Suite 700, 7 Millbank, London SW1P 3JA, United Kingdom. STATEMENT OF PURPOSE The Commonwealth Parliamentary Association (CPA) exists to connect, develop, promote and support Parliamentarians and their staff to identify benchmarks of good governance and implement the enduring values of the Commonwealth. Calendar of Forthcoming Events Confirmed at 24 August 2015 2015 September 2-5 September CPA and State University of New York (SUNY) Workshop for Constituency Development Funds – London, UK 9-12 September Asia Regional Association of Public Accounts Committees (ARAPAC) Annual Meeting - Kathmandu, Nepal 14-16 September Annual Forum of the CTO/ICTs and The Parliamentarian - Nairobi, Kenya 28 Sept to 3 October West Africa Association of Public Accounts Committees (WAAPAC) Annual Meeting and Community of Clerks Training - Lomé, Togo 30 Sept to 5 October CPA International -
Analyzing the Agenda of Parliament in the Age of Reform∗
Analyzing the Agenda of Parliament in the Age of Reform∗ VERY PRELIMINARY W. Walker Hanlon Northwestern University, NBER, CEPR July 27, 2021 Abstract This article provides a new measure of the agenda of the British Parliament{the sub- stantive topics on which debate was focused{from 1810-1914. This measure is obtained by applying a keyword approach to debate descriptions from the Hansard records. The results provide a new tool for analyzing the evolution of the British political system across this important period of history. To illustrate the utility of this measure, I an- alyze two issues. First, I use the data to identify key turning points, years that saw the most dramatic changes in the issues being debated. This analysis identifies three points, the First Reform Act (1832), the repeal of the Corn Laws (1846), and the rise of the Labour Party (1910), as critical periods of change. In contrast, little seems to have changed in the years around the Second Reform Act (1867) or Third Reform Act (1884). The data are also used to study the impact of changes in party control on the agenda of Parliament. I find little evidence that shifts in the identity of the party in government substantially influenced the issues that came before Parliament. This finding suggests that parties played a reactive rather than a proactive role in determining what issues Parliament needed to address at any given point in time. ∗I thank Alexandra E. Cirone and seminar participants at the Northwestern Economic History Brownbag for helpful comments. Author email: [email protected]. -
The Basis of Vicarious Liability
THE BASIS OF VICARIOUS LIABILITY I If a master choose to give orders to his servant, no one can fail to understand why he should be held liable for the conse- quences of their commission.' Nor is the case in substance dif- ferent when he ratifies his servant's act. To stamp what is done for him with the seal of his approval is tacitly, but obviously, to accept the act as his own ;2 and that is true no less where the ratification is implicit, than where it is expressly made manifest.3 No one, however, deems it necessary to take objection to lia- bility which is consequent upon a general negligence.4 I may knowingly employ a clearly incompetent person.' I may con- sciously fail to provide proper means for the performance of the allotted work. I may fail to give my servant information which I know to be essential to the right completion of his task.7 I may fail to take adequate precautions against the commission of a tort in my presence.8 In cases such as these, where the master is directly involved, it is essential to any scheme of law that he should be held liable for such damage as his servant may cause. The problem is far different where express authority does not exist. A state in which it is an accepted doctrine that the sins of the servant may, even when unauthorized, be visited upon the master, has won a tolerable respect for its law. Yet the thing is sufficiently novel to be worth some careful investigation. -
This Essay Explains Benjamin Disraeli Parliamentary Response to The
Conservatism and British imperialism in India: finding the local roots of empire in Britain and India by Matthew Stubbings A thesis presented to the University of Waterloo in fulfillment of the thesis requirement for the degree of Doctor of Philosophy in History Waterloo, Ontario, Canada, 2015 © Matthew Stubbings 2015 Author’s Declaration I hereby declare that I am the sole author of this thesis. This is a true copy of the thesis, including any required final revisions, as accepted by my examiners. I understand that my thesis may be made electronically available to the public ii Abstract This thesis explores the importance of political conservatism in shaping the ideological and political foundations of British imperialism in India between 1857 and 1914. From the Indian Revolt to the rise of Indian nationalism, it examines how British and Indian conservatives attempted to define a conceptual and institutional framework of empire which politically opposed liberal imperialism to the First World War. It relies upon a biographical analysis to examine how intellectual configurations defined distinct political positions on Indian empire. This study reveals the extent that local conservative inclination and action, through political actors such as Lord Ellenborough, Benjamin Disraeli, Lord Mayo, Lord Lytton, the Kathiawar States, Roper Lethbridge, and M.M. Bhownaggree, shaped public and partisan discourse on empire. It argues that British and Indian conservatives evoked shared principles centered in locality, prescription, and imagination to challenge, mollify, and supplant the universal and centralizing ambitions of liberal imperialists and nationalists with the employment of pre-modern ideas and institutions. It is argued that this response to liberalism conditioned their shared contribution and collaboration towards an imperial framework predicated principally upon respecting and supporting local autonomy and traditional authority in a hierarchical and divided India.