DOCSLIB.ORG

CASE STUDIES on CONSTITUTION BUILDING Professor Robert

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
CASE STUDIES on CONSTITUTION BUILDING Professor Robert Mapping the Path towards Codifying - or Not Codifying - the UK Constitution CASE STUDIES ON CONSTITUTION BUILDING Professor Robert Blackburn July 2014 Mapping the Path towards Codifying - or Not Codifying - the UK Constitution _____________________________________________________________________ This collection of case studies forms part of the programme of research commissioned by the House of Commons Political and Constitutional Reform Committee from Professor Robert Blackburn, Director of the Centre for Political and Constitutional Studies at King's College London, for its inquiry into Mapping the Path towards Codifying – or Not Codifying – the UK Constitution, conducted with the support of the Nuffield Foundation and Joseph Rowntree Charitable Trust. Editor _____________________________________________________________________ ROBERT BLACKBURN is Professor of Constitutional Law, King’s College London. He is a Solicitor of the Senior Courts, and author of public law titles in Halsbury's Laws of England, including Constitutional and Administrative Law (Volume 20), The Crown and Crown Proceedings (Volume 29) and Parliament (Volume 78). His academic works include books on The Electoral System in Britain, King and Country, Parliament: Functions, Practice and Procedure, Fundamental Rights in Europe, Rights of Citizenship, The Meeting of Parliament and Constitutional Reform. He is a former Acting Head of the School of Law, and is currently Director of both the Centre for Political and Constitutional Studies (research unit) and the Institute of Contemporary British History (academic department) at King's. Associated Publications _____________________________________________________________________ Andrew Blick, Mapping the Path towards Codifying - or Not Codifying - the UK Constitution: Literature Review (2011) Andrew Blick, Mapping the Path towards Codifying - or Not Codifying - the UK Constitution: The Existing Constitution (2012) Robert Blackburn, Mapping the Path towards Codifying - or Not Codifying - the UK Constitution: Part I: Arguments for and against a Written Constitution, Part II: Three Illustrative Blueprints, Part III: The Preparation, Design and Implementation of a Codified UK Constitution, in Report of the House of Commons Political and Constitutional Reform Committee, A New Magna Carta? (2014), HC (2014-15) 463 2 Introduction _____________________________________________________________________ This collection of 23 case studies on constitution building considers some important issues of process in the preparation of a codified UK constitution, and a selection of precedents drawn from earlier constitution building exercises in the UK and other countries where there may be instructive lessons to be learnt for the preparation of a codified constitution. The work as a whole is ancillary to the programme of research and analysis I have conducted at the formal request1 of the House of Commons Political and Constitutional Reform Committee to inform its inquiry into Mapping the Path towards Codifying - or Not Codifying - the UK Constitution, published in its Report under the title A New Magna Carta? (2014-15, HC 463) on 10 July 2014. The contents of this Case Studies on Constitution Building include, either directly or indirectly by studying some precedent of constitution building where it was an element in the proceedings, an assessment of the various the types of body which might be entrusted with, or contribute to, the task of preparing a draft codified constitution, such as a Royal Commission, the Law Commission, a Constitutional Convention, a Joint Parliamentary Committee and a Negotiating Council. Special study is made of public engagement procedures in the belief that any attempt to codify the UK constitution must carry popular and media interest and support, which means finding imaginative ways of involving ordinary people and establishing what they actually think and want, beyond the consultation procedures likely to be dominated by lobby or special interest groups. To this end the contents also include studies of precedents abroad of popularly elected Assemblies, Conventions and Councils to harness popular opinion on constitutional reform, together with detailed analysis of new options in deliberative democracy procedures and public opinion polling. For the studies of precedents at home and abroad, my request to each contributing author was to follow a broadly similar format, so far as appropriate, as follows: (1) the substantive issue (new constitution or major constitutional amendment) with which the exercise engaged; (2) an explanation of the political background and origin of the substantive issue with which the constitutional reform exercise engaged; (3) who participated in the preparation and design of the reform package, including use of any commissions/committees, respective roles of ministers/executive and legislature, the contribution of parliamentary bodies, the role and use made of experts, any direct involvement of members of the public in the design process, the 1 16 September 2010. 3 role played by the states in a federal system and by local government, the contribution of civil society, the use of public consultation and/or public hearing exercises; (4) the working methods of the design process chosen by the government, on such matters as how the preparatory body reached its decisions, whether it operated in public, how it selected people or bodies to give evidence to it, for how long its preparatory work took, what measures were taken to reach compromise or agreement across parties or opposing opinions, and what practical problems and successes did its working methods produce; (5) the formal procedures through which the legislative proposal for the new Constitution, or the constitutional amendment or reform, passed, including the use of a referendum (including its type, and the result), the respective roles of each Chamber in a bicameral legislature, any special legislative procedures; (6) media coverage of the substantive issue and process, including the use and influence of opinion polls in news reporting on the subject; (7) the outcome and effect of the reform process, and the extent to which it achieved what had been hoped of it by those who initiated it, and whether there were any unforeseen consequences; and finally, (8) an assessment of the overall method used in preparing and implementing the constitutional change, and what it has to offer the United Kingdom in terms of guidance in any possible exercise in the preparation and adoption of a constitution. Two case studies at the end of the collection offer thoughts on the ideology of the political parties towards constitutional reform generally, and how the idea of a written constitution fits into their political thinking. I am grateful to all the contributing authors, listed on the following page and at the end of each case study, most of whom are colleagues at King's College London, and otherwise professional friends with whom I collaborate in the fields of comparative constitutional law, politics or history; and special thanks to Dr Andrew Blick for his invaluable assistance throughout. Professor Robert Blackburn King's College London June 2014 4 Contents _____________________________________________________________________ Introduction 3 ROBERT BLACKBURN A The Existing Process of Constitutional Reform 8 ROBERT BLACKBURN B The Use of Royal Commissions on Constitutional Affairs 18 ROBERT BLACKBURN & ELIN WESTON C The Role and Working of the Law Commission 29 ROBERT BLACKBURN D The Making of the Devolved Scottish Constitution 37 (Unofficial Constitutional Convention) ANDREW BLICK E The Welsh Assembly Powers and Electoral Arrangements 43 (Independent Commission) ANDREW BLICK F A Northern Ireland Bill of Rights 49 (Human Rights Commission) ANDREW BLICK G The Australian Republican Proposal 55 (Constitutional Commission and Referendum) ELIN WESTON H The Australian Proposal for a Human Rights Code 66 (National Human Rights Consultation Committee) ELIN WESTON I New Zealand's Electoral Reform Process 77 (Royal Commission & Referendum) CAROLINE MORRIS J Belgium's Constitutional Revision 84 ROBERT BLACKBURN & ELIN WESTON K The Making of the Spanish Constitution 94 ('Fathers of the Constitution') LESLIE TAYLOR-TURANO L Germany's Post-Unification Constitutional Revisions 100 (Joint Parliamentary Committee) ALEXANDER TÜRK 5 M Constitution-building in the Canton of Geneva 105 (Elected Assembly and Popular Engagement) THIERRY TANQUEREL N The Adoption of the Swiss Federal Constitution 109 (Building Blocks Process) MAYA HERTIG O Iceland: Crowd-Sourcing a Constitution 113 (Elected Council and Popular Engagement) ROBERT BLACKBURN & ELIN WESTON P Post-apartheid Constitutional Reform in South Africa 127 (Negotiating Council and Technical Committee) MICHÈLE OLIVIER Q Ireland's Constitutional Convention 133 ROBERT BLACKBURN & ELIN WESTON R Referendums and the Constitution 142 ROBERT BLACKBURN & VERNON BOGDANOR S Comparative Constitutional Bills of Rights 146 IAN CRAM T Public Opinion and Codifying the Constitution 156 ROGER MORTIMORE U Constitutional Codification and Deliberative Voting 180 RON LEVY V Conservatism and the Constitution 186 JOHN RAMSDEN & ROBERT BLACKBURN W The Left and the Constitution 197 KENNETH O. MORGAN 6 Contributors _____________________________________________________________________ Authors of Case Studies - ROBERT BLACKBURN is Professor of Constitutional Law, King's College London ANDREW BLICK is Lecturer in Politics and Contemporary
Load more

Recommended publications
  • Political Ideas and Movements That Created the Modern World
    harri+b.cov 27/5/03 4:15 pm Page 1 UNDERSTANDINGPOLITICS Understanding RITTEN with the A2 component of the GCE WGovernment and Politics A level in mind, this book is a comprehensive introduction to the political ideas and movements that created the modern world. Underpinned by the work of major thinkers such as Hobbes, Locke, Marx, Mill, Weber and others, the first half of the book looks at core political concepts including the British and European political issues state and sovereignty, the nation, democracy, representation and legitimacy, freedom, equality and rights, obligation and citizenship. The role of ideology in modern politics and society is also discussed. The second half of the book addresses established ideologies such as Conservatism, Liberalism, Socialism, Marxism and Nationalism, before moving on to more recent movements such as Environmentalism and Ecologism, Fascism, and Feminism. The subject is covered in a clear, accessible style, including Understanding a number of student-friendly features, such as chapter summaries, key points to consider, definitions and tips for further sources of information. There is a definite need for a text of this kind. It will be invaluable for students of Government and Politics on introductory courses, whether they be A level candidates or undergraduates. political ideas KEVIN HARRISON IS A LECTURER IN POLITICS AND HISTORY AT MANCHESTER COLLEGE OF ARTS AND TECHNOLOGY. HE IS ALSO AN ASSOCIATE McNAUGHTON LECTURER IN SOCIAL SCIENCES WITH THE OPEN UNIVERSITY. HE HAS WRITTEN ARTICLES ON POLITICS AND HISTORY AND IS JOINT AUTHOR, WITH TONY BOYD, OF THE BRITISH CONSTITUTION: EVOLUTION OR REVOLUTION? and TONY BOYD WAS FORMERLY HEAD OF GENERAL STUDIES AT XAVERIAN VI FORM COLLEGE, MANCHESTER, WHERE HE TAUGHT POLITICS AND HISTORY.
    [Show full text]
  • HEBEELE, Gerald Clarence, 1932- the PREDICAMENT of the BRITISH UNIONIST PARTY, 1906-1914
    This dissertation has been microfilmed exactly as received 68-3000 HEBEELE, Gerald Clarence, 1932- THE PREDICAMENT OF THE BRITISH UNIONIST PARTY, 1906-1914. The Ohio State University, Ph.D., 1967 History, modem University Microfilms, Inc., Ann Arbor, Michigan © Copyright by Gerald Clarence Heberle 1968 THE PREDICAMENT OF THE BRITISH UNIONIST PARTY, 1906-1914 DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Gerald c / Heberle, B.A., M.A, ******* The Ohio State University 1967 Approved by B k f y f ’ P c M k ^ . f Adviser Department of History ACKNOWLEDGMENTS I wish to express my deepest gratitude to Professor Philip P. Poirier of the Department of History, The Ohio State University, Dr. Poirier*s invaluable advice, his unfailing patience, and his timely encouragement were of immense assistance to me in the production of this dissertation, I must acknowledge the splendid service of the staff of the British Museum Manuscripts Room, The Librarian and staff of the University of Birmingham Library made the Chamberlain Papers available to me and were most friendly and helpful. His Lordship, Viscount Chilston, and Dr, Felix Hull, Kent County Archivist, very kindly permitted me to see the Chilston Papers, I received permission to see the Asquith Papers from Mr, Mark Bonham Carter, and the Papers were made available to me by the staff of the Bodleian Library, Oxford University, To all of these people I am indebted, I am especially grateful to Mr, Geoffrey D,M, Block and to Miss Anne Allason of the Conservative Research Department Library, Their cooperation made possible my work in the Conservative Party's publications, and their extreme kindness made it most enjoyable.
    [Show full text]
  • BDOHP Biographical Details and Index Lord Wright of Richmond
    BDOHP Biographical details and index Lord Wright of Richmond (28.06.31-06.03.20) - career outline with, on right, relevant page numbers in the memoir to the career stage. Served Royal Artillery, 1950–51 p 3 Joined Diplomatic Service, 1955 pp 2-3 Middle East Centre for Arabic Studies, 1956–57 pp 3-6 Third Secretary, British Embassy, Beirut, 1958–60 - Private Secretary to Ambassador and later First Secretary, pp 12-15 British Embassy, Washington, 1960–65 Private Secretary to Permanent Under-Secretary, FO, 1965–67 pp 10-11 First Secretary and Head of Chancery, Cairo, 1967–70 - Deputy Political Resident, Bahrain, 1971–72 - Head of Middle East Department, FCO, 1972–74 - Private Secretary (Overseas Affairs) to Prime Minister, 1974–77 pp 7-10, 25, 34-35 Ambassador to Luxembourg, 1977–79 pp 30-31 Ambassador to Syria, 1979–81 pp 30-33 Deputy Under-Secretary of State, FCO, 1982–84 - Ambassador to Saudi Arabia, 1984–86 pp 33-34, 36 Permanent Under-Secretary of State and Head pp 11-12, of Diplomatic Service, 1986–91. 16-18, 21, 30 Member, Security Commission, 1993–2002. - General comments on Middle East and United States, pp 6-8; political versus professional diplomatic appointments, pp 15-20; retirement age in diplomatic service, pp 21-23; recruitment, pp 23-25; Foreign Office image, pp 38-40; John Major, pp 40-42; leaking of restricted papers, pp 43-45. Lord Wright of Richmond This is Malcolm McBain interviewing Lord Wright of Richmond at his home in East Sheen on Monday, 16 October 2000. MMcB: “Lord Wright, you were born in 1931, educated at Marlborough and Merton College, Oxford, you did a couple of years’ national service in the Royal Artillery, and then joined the Diplomatic Service, presumably after going to Oxford, in 1965.
    [Show full text]
  • Speech by Hugh Gaitskell Against UK Membership of the Common Market (3 October 1962)
    Speech by Hugh Gaitskell against UK membership of the Common Market (3 October 1962) Caption: On 3 October 1962, Hugh Gaitskell, leader of the Labour Party, delivers a speech at the annual Labour Party Conference in which he lists the reasons for which opposes the United Kingdom's accession to the European Economic Community (EEC). Source: Britain and the Common Market, Texts of speeches made at the 1962 Labour Party Conference by the Rt. Hon Hugh Gaitskell M.P. and the Rt. Hon. George Brown M.P. together with the policy statement accepted by Conference. London: Labour Party, 1962. 40 p. p. 3-23. Copyright: (c) Labour Party URL: http://www.cvce.eu/obj/speech_by_hugh_gaitskell_against_uk_membership_of_the _common_market_3_october_1962-en-05f2996b-000b-4576-8b42- 8069033a16f9.html Last updated: 01/03/2017 1/15 Speech by Hugh Gaitskell (3 October 1962) I present to Conference the document Labour and the Common Market, and ask you to give it your whole- hearted support. I ask this not only because I believe that this document will commend itself to the large majority of delegates, but because its compelling logic makes it a fine statement of the Party’s point of view on this immense problem. We can all agree on the tremendous significance of this debate. We can also agree that it is already warm in this hall, and likely to become much hotter as the day goes on. Do not therefore, let us get over-heated. I plead at the start for tolerance, tolerance in particular between those who hold the more extreme views in this controversy – those who, on the one hand would like to see Britain enter Europe whatever the conditions, and those who, on the other hand, are opposed to Britain entering Europe on any conditions.
    [Show full text]
  • Legal Drafting at the European Commission: Documentation
    LEGAL DRAFTING AT THE EUROPEAN COMMISSION: DOCUMENTATION Mr. William Robinson Coordinator in the Legal Revisers Group European Commission's Legal Service Contents Page Outline 1 Rules on drafting 2 Model act with notes: Commission Regulation 3 OUTLINE Introduction: Drafting of EC legislation •Official languages •EC legislation •Drafting in the European Commission Multilingual drafting in the European Commission •Community legislative acts shall be drafted clearly, simply and precisely. •Consistent terminology •Provisions of acts shall be concise. Respect the principle of multilingualism •Use direct forms •Avoid short cuts •Keep the sentence structure simple •Mind your grammar •Choose your words with care •Solutions to drafting problems must work in all the languages. Training of European Commission drafters •Functions of revisers •Qualifications •Basic rulebook Practical training •Teamwork •‘Apprenticeship’ •Supervision •Consolidating best practices Formal training •Introductory courses for drafters •Legal Service courses and other Commission courses •Seminars on quality of legislation •Other sources of expertise Background Documentation Mr Robinson-for repro.doc RULES RELEVANT TO THE DRAFTING OF LEGAL ACTS Declaration No 39 on the quality of the drafting of Community legislation, adopted by the Intergovernmental Conference in Amsterdam on 2 October 1997 (OJ C 340, 10.11.1997, p. 139) Interinstitutional Agreement of 22 December 1998 on common guidelines for the quality of drafting of Community legislation (OJ C 73, 17.3.1999, p. 1) Interinstitutional Agreement of 16 December 2003 on better law-making (OJ C 321, 31.12.2003, p. 1) Joint Practical Guide signed on 16 March 2000 Accessible from: http://eur-lex.europa.eu/en/techleg/index.htm Interinstitutional Style Guide http://publications.europa.eu/code/en/en-000100.htm CODIFICATION AND RECASTING Interinstitutional Agreement of 20 December 1994 on an accelerated working method for official codification of legislative texts (OJ C 102, 4.4.1996, p.
    [Show full text]
  • Caspar Weinberger and the Reagan Defense Buildup
    The University of Southern Mississippi The Aquila Digital Community Dissertations Fall 12-2013 Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup Robert Howard Wieland University of Southern Mississippi Follow this and additional works at: https://aquila.usm.edu/dissertations Part of the American Studies Commons, Military History Commons, Political History Commons, and the United States History Commons Recommended Citation Wieland, Robert Howard, "Direct Responsibility: Caspar Weinberger and the Reagan Defense Buildup" (2013). Dissertations. 218. https://aquila.usm.edu/dissertations/218 This Dissertation is brought to you for free and open access by The Aquila Digital Community. It has been accepted for inclusion in Dissertations by an authorized administrator of The Aquila Digital Community. For more information, please contact [email protected]. The University of Southern Mississippi DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland Abstract of a Dissertation Submitted to the Graduate School Of The University of Southern Mississippi In Partial Fulfillment of the Requirements For the Degree of Doctor of Philosophy December 2013 ABSTRACT DIRECT RESPONSIBILITY: CASPAR WEINBERGER AND THE REAGAN DEFENSE BUILDUP by Robert Howard Wieland December 2013 This dissertation explores the life of Caspar Weinberger and explains why President Reagan chose him for Secretary of Defense. Weinberger, not a defense technocrat, managed a massive defense buildup of 1.5 trillion dollars over a four year period. A biographical approach to Weinberger illuminates Reagan’s selection, for in many ways Weinberger harkens back to an earlier type of defense manager more akin to Elihu Root than Robert McNamara; more a man of letters than technocrat.
    [Show full text]
  • The Liberals and Ireland 1912–16 Liberal Ministers Had to Deal with More Than the Great War During the Period 1914–18
    The Liberals and Ireland 1912–16 Liberal ministers had to deal with more than the Great War during the period 1914–18. Dr Jeremy Smith examines the Liberal record on the Irish Question during this critical period. On Friday February a lb bomb exploded in Canary effort and requested a unified Irish Brigade, as had been granted Wharf, ending an eighteen-month IRA ceasefire. Writing three to the Ulstermen; both were repudiated. This pointless effrontery days later the Sinn Fein president, Gerry Adams, declared that the to Redmond was compounded during the Cabinet reshuffle of resumption of violence was the ‘total responsibility’ of the British , when Sir Edward Carson was made Attorney-General. Yet government who ‘had been guilty of criminal neglect’ (The more disastrously, the Home Rule Bill that the Nationalists had Guardian, February , p.). At one level these were simply won constitutionally for Ireland was suspended for the duration the words of a politician apportioning blame. Yet they carried a of the war, a postponement that allowed physical force elements deeper resonance. For by linking physical force Republicanism in Ireland to gain influence and eventually seize the initiative firmly to British procrastination, Adams was positioning himself from the constitutional parties. By failing to provide any obvious inside a long-established tradition of Irish Nationalist legitimation recompense for the Nationalist party’s loyalty to the British war (the acknowledged corollaries to this legitimation being that a effort, government prevarication provided a golden opportunity British government would only take notice of violence, and when for more extreme Nationalists and Republicans, which they took it did take notice it was inclined to over-react).
    [Show full text]
  • The Attlee Governments
    Vic07 10/15/03 2:11 PM Page 159 Chapter 7 The Attlee governments The election of a majority Labour government in 1945 generated great excitement on the left. Hugh Dalton described how ‘That first sensa- tion, tingling and triumphant, was of a new society to be built. There was exhilaration among us, joy and hope, determination and confi- dence. We felt exalted, dedication, walking on air, walking with destiny.’1 Dalton followed this by aiding Herbert Morrison in an attempt to replace Attlee as leader of the PLP.2 This was foiled by the bulky protection of Bevin, outraged at their plotting and disloyalty. Bevin apparently hated Morrison, and thought of him as ‘a scheming little bastard’.3 Certainly he thought Morrison’s conduct in the past had been ‘devious and unreliable’.4 It was to be particularly irksome for Bevin that it was Morrison who eventually replaced him as Foreign Secretary in 1951. The Attlee government not only generated great excitement on the left at the time, but since has also attracted more attention from academics than any other period of Labour history. Foreign policy is a case in point. The foreign policy of the Attlee government is attractive to study because it spans so many politically and historically significant issues. To start with, this period was unique in that it was the first time that there was a majority Labour government in British political history, with a clear mandate and programme of reform. Whereas the two minority Labour governments of the inter-war period had had to rely on support from the Liberals to pass legislation, this time Labour had power as well as office.
    [Show full text]
  • David Miliband President International Rescue & Co-Chairman Global Ocean Commission
    David Miliband President International Rescue & Co-Chairman Global Ocean Commission David Miliband is President and Chief Executive of International Rescue Committee (IRC), the renowned New team of over 12,000 people. The IRC helps people all over the world whose lives and livelihoods are shattered by learning and economic support to people in 40 countries, with many special programs designed for women and children. Every year, the IRC resettles thousands of refugees in 22 U.S. cities. David was the UK’s Foreign Secretary from 2007-10. Aged 41, he became the youngest person in 30 years to hold the position. He was responsible for a global network of 16,000 diplomats in over 160 countries. He established a distinctive and respected voice for an internationalist Britain, from the war in Afghanistan to the Iranian nuclear programme to engagement with the world’s emerging powers. David’s advocacy of a global role for a strong European foreign policy led to him being widely supported for the new job of EU High Representative for Foreign Aairs – a position he declined to continue his work in Britain. 1994 to 2001, authoring the manifestos on which Labour was elected to oce. As Minister for Schools from 2002 to 2004 he was regarded as a leader of reform. As Secretary of State for the Environment, he pioneered the championed the renaissance of Britain’s great cities. David set up "Movement for Change", which is training 10,000 community organisers in the UK to make changes in their own communities. He was also Vice Chairman of Sunderland Football Club until 2013.
    [Show full text]
  • 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.
    [Show full text]
  • Transcript 5
    Transcript House of Lords: an audio collection What specifically happened to the Lords over the course of the 20th century? Interviewer: What specifically happened to the Lords over the course of the 20th century? Richard Heffernan: Well, the Lords became subordinate to the Commons, largely through a series of incremental developments and statute laws. There was a huge fight between the elected Common – the partially elected Commons, because of course women didn't get the vote until 1918 in the UK, and they didn't get the vote on equal basis at the age of 21 with men until the general election of 1929. But there was a big fight between the liberal majority in Parliament in the House of Commons and a conservative majority in the House of Lords over a series of measures, particularly culminating in a fight over the 1909 budget, the People's Budget, Lloyd George's budget, which did many things, but two things: it raised the income tax in order to provide some degree of social welfare for people, and to rearm in the face of what was perceived to be a gathering threat from a resurgent Germany. The Lords majority, led by the conservative majority, did not like that and so threw out the budget, and then there was a general election held in 1910 which saw the re-election, on a smaller majority, of the liberal government, which then insisted that the Lords pass its budget. A second election was then held on the question of Lords reform. The liberals were again successful, and the Parliament Act of 1911 established the supremacy of the House of Commons for all time by restricting the power of the House of Lords.
    [Show full text]
  • Research Note: Former Special Advisers in Cabinet, 1979-2013
    Research Note: Former Special Advisers in Cabinet, 1979-2013 Executive Summary Sixteen special advisers have gone on to become Cabinet Ministers. This means that of the 492 special advisers listed in the Constitution Unit database in the period 1979-2010, only 3% entered Cabinet. Seven Conservative party Cabinet members were formerly special advisers. o Four Conservative special advisers went on to become Cabinet Ministers in the 1979-1997 period of Conservative governments. o Three former Conservative special advisers currently sit in the Coalition Cabinet: David Cameron, George Osborne and Jonathan Hill. Eight Labour Cabinet members between 1997-2010 were former special advisers. o Five of the eight former special advisers brought into the Labour Cabinet between 1997-2010 had been special advisers to Tony Blair or Gordon Brown. o Jack Straw entered Cabinet in 1997 having been a special adviser before 1979. One Liberal Democrat Cabinet member, Vince Cable, was previously a special adviser to a Labour minister. The Coalition Cabinet of January 2013 currently has four members who were once special advisers. o Also attending Cabinet meetings is another former special adviser: Oliver Letwin as Minister of State for Policy. There are traditionally 21 or 22 Ministers who sit in Cabinet. Unsurprisingly, the number and proportion of Cabinet Ministers who were previously special advisers generally increases the longer governments go on. The number of Cabinet Ministers who were formerly special advisers was greatest at the end of the Labour administration (1997-2010) when seven of the Cabinet Ministers were former special advisers. The proportion of Cabinet made up of former special advisers was greatest in Gordon Brown’s Cabinet when almost one-third (30.5%) of the Cabinet were former special advisers.
    [Show full text]