Constitutional Change: Timeline from 1911: House of Commons Background Paper
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Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 . -
(Elections and Reform) Bill [HL]
House of Lords (Elections and Reform) Bill [HL] CONTENTS Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers Composition of the House of Lords 2 Composition of the House of Lords Elections for members 3 Elections to the House of Lords 4 Voting system in Great Britain 5 Voting system in Northern Ireland 6 Vacant seats 7 Entitlement to stand in an election 8 Entitlement to vote in an election 9 Offences 10 Date of elections and terms of office Transitional members 11 Transitional members Other life peers and the Lords Spiritual 12 Other life peers and the Lords Spiritual General 13 Regulations 14 Interpretation 15 Extent, commencement and short title HL Bill 163 57/1 House of Lords (Elections and Reform) Bill [HL] 1 A BILL TO Make provision to establish elections for members to the House of Lords; to restrict the number of voting members in the House of Lords to 292; to exclude all remaining hereditary peers; and for connected purposes. E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Exclusion of remaining hereditary peers 1 Exclusion of remaining hereditary peers (1) The House of Lords Act 1999 is amended as follows. (2) Omit section 2, section 3(2) and paragraph 1 of Schedule 1. (3) At the end of section 3 (removal of disqualifications in relation to the House of 5 Commons) insert— “unless he or she is elected to the House of Lords by virtue of the House of Lords (Elections and Reform) Act 2019.” (4) Any writ of summons issued for the present Parliament in right of a hereditary peerage and pursuant to the House of Lords Act 1999 shall not have effect after 10 the coming into force of this section. -
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. -
Union with Scotland Act 1706
Changes to legislation: There are currently no known outstanding effects for the Union with Scotland Act 1706. (See end of Document for details) Union with Scotland Act 1706 1706 CHAPTER 11 6 Ann X1 An Act for an Union of the Two Kingdoms of England and Scotland Most gracious Sovereign Recital of Articles of Union, dated 22d July, 5 Ann.; and of an Act of Parliament passed in Scotland, 16th January, 5 Ann. Whereas Articles of Union were agreed on the Twenty Second day of July in the Fifth year of Your Majesties reign by the Commissioners nominated on behalf of the Kingdom of England under Your Majesties Great Seal of England bearing date at Westminster the Tenth day of April then last past in pursuance of an Act of Parliament made in England in the Third year of Your Majesties reign and the Commissioners nominated on the behalf of the Kingdom of Scotland under Your Majesties Great Seal of Scotland bearing date the Twenty Seventh day of February in the Fourth year of Your Majesties Reign in pursuance of the Fourth Act of the Third Session of the present Parliament of Scotland to treat of and concerning an Union of the said Kingdoms And Whereas an Act hath passed in the Parliament of Scotland at Edinburgh the Sixteenth day of January in the Fifth year of Your Majesties reign wherein ’tis mentioned that the Estates of Parliament considering the said Articles of Union of the two Kingdoms had agreed to and approved of the said Articles of Union with some Additions and Explanations And that Your Majesty with Advice and Consent of the Estates -
Chapter 2 – Development of the House of Lords
Chapter 2 – Development of the House of Lords Historical background 2.1 With its origins in the medieval royal practice of summoning the great landowners (both lay and ecclesiastical) to offer counsel and provide resources, the House of Lords pre-dates the House of Commons by some centuries and it was long the pre-eminent House of Parliament.The House of Commons’ power over financial resources was evident as early as the 14th century, and it asserted its sole privilege in financial matters from the 17th century onwards.This change in the balance of power between the two Houses was given further impetus through the growing linkage between a Government’s perceived legitimacy and its popular support, as expressed through the ballot box.The significance of electoral support was underlined by the Reform Acts of 1832, 1867 and 1884 which together increased the size of the electorate by a factor of ten, to around 8 million.At the same time, the issue of Home Rule for Ireland led to a split in the Liberal Party, which gave the Unionists a permanent majority in the House of Lords. The contrast between a House of Commons which reflected changes in the political will of the electorate and a House of Lords under the permanent control of one of the major political parties inevitably led to conflict and to pressure for reform. Previous reforms 2.2 While motions proposing reform were debated from the mid-1880s onwards, the first major consideration of the issue was precipitated by the clashes between the Unionist-dominated Lords and the Liberal Government which came to office in 1905. -
House of Lords Library Note: the Life Peerages Act 1958
The Life Peerages Act 1958 This year sees the 50th anniversary of the passing of the Life Peerages Act 1958 on 30 April. The Act for the first time enabled life peerages, with a seat and vote in the House of Lords, to be granted for other than judicial purposes, and to both men and women. This Library Note describes the historical background to the Act and looks at its passage through both Houses of Parliament. It also considers the discussions in relation to the inclusion of women life peers in the House of Lords. Glenn Dymond 21st April 2008 LLN 2008/011 House of Lords Library Notes are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of the Notes with the Members and their staff but cannot advise members of the general public. Any comments on Library Notes should be sent to the Head of Research Services, House of Lords Library, London SW1A 0PW or emailed to [email protected]. Table of Contents 1. Introduction ................................................................................................................... 1 2. Life peerages – an historical overview .......................................................................... 2 2.1 Hereditary nature of peerage................................................................................... 2 2.2 Women not summoned to Parliament ..................................................................... 2 2.3 Early life peerages.................................................................................................. -
The House of Lords: Conventions and Brexit
REPORT The House of Lords: Conventions and Brexit By Richard Reid First published in Great Britain in 2017 by The Constitution Society Top Floor, 61 Petty France London, SW1H 9EU www.consoc.org.uk © The Constitution Society ISBN: 978-1-9998886-1-9 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. 2 The House of Lords: Conventions and Brexit Acknowledgements The author thanks the Constitution Society for commissioning the paper and its President, Sir Malcolm Jack, for his interest in the project. The author would also like to thank the ANU Centre for European Studies for the Europa Visiting Fellowship which supported this research, and Nicolas Besly for his comments on earlier drafts. All views expressed are those of the author alone. The House of Lords: Conventions and Brexit 3 Contents Acknowledgements 3 About the Author 5 Summary 6 PART 1 Paragraphs 1-9 Conventions PART 2 Paragraphs 10-16 The Salisbury-Addison Convention PART 3 Paragraphs 17-47 The House of Lords and Brexit PART 4 Paragraphs 48-59 Brexit: Possible Scenarios Conclusion Paragraphs 60-63 4 The House of Lords: Conventions and Brexit About the Author Richard Reid is Europa Visiting Fellow at the Australian National University Centre for European Studies, and completed his PhD on reform of the House of Lords in 2016. -
Peerage Act 1963
Status: Point in time view as at 11/11/1999. Changes to legislation: There are currently no known outstanding effects for the Peerage Act 1963. (See end of Document for details) Peerage Act 1963 1963 CHAPTER 48 An Act to authorise the disclaimer for life of certain hereditary peerages; to include among the peers qualified to sit in the House of Lords all peers in the peerage of Scotland and peeresses in their own right in the peerages of England, Scotland, Great Britain and the United Kingdom; to remove certain disqualifications of peers in the peerage of Ireland in relation to the House of Commons and elections thereto; and for purposes connected with the matters aforesaid. [31st July 1963] Disclaimer of Peerage 1 Disclaimer of certain hereditary peerages. (1) Subject to the provisions of this section, any person who, after the commencement of this Act, succeeds to a peerage in the peerage of England, Scotland, Great Britain or the United Kingdom may, by an instrument of disclaimer delivered to the Lord Chancellor within the period prescribed by this Act, disclaim that peerage for his life. (2) Any instrument of disclaimer to be delivered under this section in respect of a peerage shall be delivered within the period of twelve months beginning with the day on which the person disclaiming succeeds to that peerage or, if he is under the age of twenty-one when he so succeeds, the period of twelve months beginning with the day on which he attains that age; and no such instrument shall be delivered in respect of a peerage by a person who [F1is excepted from section 1 of the House of Lords Act 1999 by virtue of section 2 of that Act]. -
Provisions of Disqualification of Legislatures in England, U.S.A., Australia and French
International Journal of Advanced Research and Development International Journal of Advanced Research and Development ISSN: 2455-4030 Impact Factor: RJIF 5.24 www.advancedjournal.com Volume 3; Issue 1; January 2018; Page No. 578-580 Provisions of disqualification of legislatures in England, U.S.A., Australia and French Anju Sindhu Assistant Professor, C.R. Law College, Hisar, Haryana, India Introduction The position relating to ‘offices of profit’ has been 1. England revolutionised by the enactment of the House of Commons The disqualifications for membership of the two Houses are Disqualification Act, 1957, 1975 [5] and deserves a special different and are governed by separate statutes. treatment. This Statutes replaces all previous statutes relating 1. House of Lords.- At present the only persons disqualified to this subject and forms and exhaustive code as to the offices are- aliens, infants, bankrupts, persons convicted of treason or places of profit, the holders of which disqualified and felony and persons expelled from the House themselves for membership of Parliament, by enumerating permanently by a sentence of the House of Lords, acting in them. It will no longer be necessary to apply precedents and its judicial capacity. As per House of Lords Act 1999, common law principle to determine whether an office hereditary peers are also disqualified from sitting and constitute an ‘office of profit’. The following classes of voting in the House of Lords. [1] persons are disqualified by the Act- The disqualification of women [2] has been partially i) A person who holds any of the Judicial offices removed by the enactment of the Life Peerages Act, 1958, enumerated in Part I of the First Schedule to the Act; [6] which empowers the Crown to confer life peerage on any ii) Any person employed in the civil services of the Crown, person (including a women) by virtue of such person will whether in an ‘established capacity’ or not and whether rank as baron and also be entitled to sit and vote in the for whole or part of his time. -
Scottish Independence: Constitutional Implications of the Referendum
HOUSE OF LORDS Select Committee on the Constitution 8th Report of Session 2013–14 Scottish independence: constitutional implications of the referendum Ordered to be printed 14 May 2014 and published 16 May 2014 Published by the Authority of the House of Lords London: The Stationery Office Limited £10.00 HL Paper 188 Select Committee on the Constitution The Constitution Committee is appointed by the House of Lords in each session with the following terms of reference: To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution. Current membership Lord Crickhowell Lord Cullen of Whitekirk Baroness Falkner of Margravine Lord Goldsmith Lord Hart of Chilton Lord Irvine of Lairg Baroness Jay of Paddington (chairman) Lord Lang of Monkton Lord Lester of Herne Hill Lord Lexden Lord Powell of Bayswater Baroness Wheatcroft Declarations of interests A full list of members’ interests can be found in the Register of Lords’ Interests: http://www.parliament.uk/mps-lords-and-offices/standards-and-interests/register-of-lords-interests Publications All publications of the committee are available at: http://www.parliament.uk/hlconstitution Parliament Live Live coverage of debates and public sessions of the committee’s meetings are available at: http://www.parliamentlive.tv General information General information about the House of Lords and its committees, including guidance to witnesses, details of current inquiries and forthcoming meetings, is available at: http://www.parliament.uk/business/lords Committee staff and legal advisers The staff of the committee during this inquiry were Nicolas Besly (clerk), Dr Stuart Hallifax (policy analyst) and Helen Gibson (committee assistant). -
Fourteenth Report: Draft Statute Law Repeals Bill
The Law Commission and The Scottish Law Commission (LAW COM. No. 211) (SCOT. LAW COM. No. 140) STATUTE LAW REVISION: FOURTEENTH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord High Chancellor and the Lord Advocate by Command of Her Majesty April 1993 LONDON: HMSO E17.85 net Cm 2176 The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the Law. The Law Commissioners are- The Honourable Mr. Justice Brooke, Chairman Mr Trevor M. Aldridge, Q.C. Mr Jack Beatson Mr Richard Buxton, Q.C. Professor Brenda Hoggett, Q.C. The Secretary of the Law Commission is Mr Michael Collon. Its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. The Scottish Law Commissioners are- The Honourable Lord Davidson, Chairman .. Dr E.M. Clive Professor P.N. Love, C.B.E. Sheriff I.D.Macphail, Q.C. Mr W.A. Nimmo Smith, Q.C. The Secretary of the Scottish Law Commission is Mr K.F. Barclay. Its offices are at 140 Causewayside, Edinburgh EH9 1PR. .. 11 THE LAW COMMISSION AND THE SCOTTISH LAW COMMISSION STATUTE LAW REVISION: FOURTEENTH REPORT Draft Statute Law (Repeals) Bill To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain, and the Right Honourable the Lord Rodger of Earlsferry, Q.C., Her Majesty's Advocate. In pursuance of section 3(l)(d) of the Law Commissions Act 1965, we have prepared the draft Bill which is Appendix 1 and recommend that effect be given to the proposals contained in it. -
ELIZABETH II 1963 CHAPTER 48 an Act to Authorise the Disclaimer For
Peerage Act 1963 Cit. 48 ELIZABETH II 1963 CHAPTER 48 An Act to authorise the disclaimer for life of certain hereditary peerages; to include among the peers qualified to sit in the House of Lords all peers in the peerage of Scotland and peeresses in their own right in the peerages of England, Scotland, Great Britain and the United Kingdom; to remove certain disqualifications of peers in the peerage of Ireland in relation to the House of Commons and elections thereto; and for purposes connected with the matters aforesaid. [31st July 1963] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- Disclaimer of Peerage ' 1.-(1) Subject to the provisions of this section, any person Disclaimer who, after the commencement of this Act, succeeds to a peerage of certain or the United hereditary in the peerage of England, Scotland, Great Britain peerages. Kingdom may, by an instrument of disclaimer delivered to the Lord Chancellor within the period prescribed by this Act, dis- claim that peerage for his life. (2) Any instrument of disclaimer to be delivered under this section in respect of a peerage shall be delivered within the period of twelve months beginning with the day on which the person disclaiming succeeds to that peerage or, if he is under the age of twenty-one when he so succeeds, the period of twelve months beginning with the day on which he attains that age ; and no such instrument shall be delivered in respect of a peerage 2 CH.