The Salisbury Doctrine (Updated June 2006)
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The Applicability of the Salisbury Doctrine to Canada's Bi-Cameral
Feature The Applicability of the Salisbury Doctrine to Canada’s Bi-Cameral Parliament The presence of a large number of non-partisan Senators, the work of the Special Senate Committee on Senate Modernization, and the growth of a more activist Senate has focused much attention on the Salisbury Doctrine. This convention of the United Kingdom’s Parliament holds that the appointed House of Lords should not reject a government bill passed by the elected House of Commons if the content of the bill was part of the government’s electoral campaign platform. In this article, the author outlines the Salisbury Doctrine, examines political consideration which may 2017 CanLIIDocs 267 have influenced its development and use, and reviews whether it may be applicable in Canada’s bi- cameral Parliament. He contends Canada’s Senate should not be beholden to the Salisbury Doctrine. The author concludes that while the Senate should show deference to the elected Commons when necessary, it should not accept any agreement, legal or political, that hampers its ability to outright reject any bill it deems outside the apparent and discernable popular will. However, he suggests the Senate should exercise this power with restraint. Christopher Reed he recently more activist Senate has given rise in the Lords. The then Viscount Cranborne (later to the consideration of the applicability of the the Fifth Marquess of Salisbury), the Conservative TSalisbury Doctrine, a convention of the United Leader of the Opposition in the Lords along with his Kingdom’s Parliament, to Canada’s bi-cameral counterpart the Viscount Addison, the Labour Leader Parliament. -
The House of Lords in 2005: a More Representative and Assertive Chamber?
The House of Lords in 2005: A More Representative and Assertive Chamber? By Meg Russell and Maria Sciara February 2006 ISBN: 1 903 903 47 5 Published by The Constitution Unit School of Public Policy UCL (University College London) 29–30 Tavistock Square London WC1H 9QU Tel: 020 7679 4977 Fax: 020 7679 4978 Email: [email protected] Web: www.ucl.ac.uk/constitution-unit/ ©The Constitution Unit, UCL 2006 This report is sold subject to the condition that is shall not, by way of trade or otherwise, be lent, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. First Published February 2006 2 Contents Preface............................................................................................................................................................1 Summary of key points................................................................................................................................3 Introduction ..................................................................................................................................................5 Lords reform doesn’t happen (again)........................................................................................................5 Changing composition: a more representative chamber? ......................................................................7 The Prevention of Terrorism -
Download PDF on Financial Privilege
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. -
Discussing What Prime Ministers Are For
Discussing what Prime Ministers are for PETER HENNESSY New Labour has a lot to answer for on this front. They On 13 October 2014, Lord Hennessy of Nympsfield FBA, had seen what the press was doing to John Major from Attlee Professor of Contemporary British History at Queen Black Wednesday onwards – relentless attacks on him, Mary, University of London, delivered the first British which bothered him deeply.1 And they were determined Academy Lecture in Politics and Government, on ‘What that this wouldn’t happen to them. So they went into are Prime Ministers for?’ A video recording of the lecture the business of creating permanent rebuttal capabilities. and an article published in the Journal of the British Academy If somebody said something offensive about the can be found via www.britishacademy.ac.uk/events/2014/ Government on the Today programme, they would make every effort to put it right by the World at One. They went The following article contains edited extracts from the into this kind of mania of permanent rebuttal, which question and answer session that followed the lecture. means that you don’t have time to reflect before reacting to events. It’s arguable now that, if the Government doesn’t Do we expect Prime Ministers to do too much? react to events immediately, other people’s versions of breaking stories (circulating through social media etc.) I think it was 1977 when the Procedure Committee in will make the pace, and it won’t be able to get back on the House of Commons wanted the Prime Minister to be top of an issue. -
Some Recent Writings on the History of Great Britain from 1832 to 1868
Some Recent Writings on the History of Great Britain from 1832 to 1868 THE PURPOSE of this review article is to try to provide some guidance for New Zealand sixth-form teachers involved with the University Entrance topic on Great Britain, 1832-1868. The syllabus directs the teacher to cover the following problems: 'Industrialisation and urbanisation; economic growth and economic fluctuations; the situation established by the 1832 Reform Act; social and administrative reform from the 1830s to the 1860s; the rise, achievements and fall of Peel; the occasions, goals and results of agitation; the revival and results of political reform in the 1860s; party government and party organisation' (University Grants Committee Handbook, 1975, p. 158). This is certainly an ambitious programme but it is one which provides • an opportunity for the teacher and the students to familiarize themselves with the sorts of issues which are dominant in modern historical writing. It is, therefore, somewhat disappointing that the topic is one of the least popular, being heavily beaten in the popularity contest by those topics covering what was often the major element in Stage III university courses in the 1940s and 1950s: diplomacy and nationalism in the nineteenth and early twentieth centuries. This may not be the best way to preserve a diet of serious history against the intellectual porridge known as social studies. It also seems strange that more interest cannot be generated in the very society from which New Zealand's own governing traditions emerge. The present discussion of those traditions in their original, early Victorian British context is marked by a great, not to say, bewildering variety of interpretations as well as by a rather self-conscious concern with method. -
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. -
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. -
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. -
Introduction
How did Britain Democratize? Views from the Sovereign Bond Market Aditya Dasgupta1 Daniel Ziblatt2 Abstract To assess competing theories of democratization, we analyze British sovereign bond market responses to the 1832, 1867 and 1884 Reform Acts, and to two failed Chartist agitations. Analyses of high-frequency 3% consol yield data and historical financial press suggest three conclusions. First, democratic reform episodes were preceded by increases in perceived political risk, comparable to democratizing episodes in other countries. Second, both democratic reform and repression were followed by yield de- clines. Third, the source of political risk in Britain was both social unrest and political deadlock. Together, the findings challenge the \Whig" characterization of British de- mocratization as exceptionally risk-free. Introduction The process of democratization in Britain { the franchise expansions legislated in the 1832, 1867, and 1884 Reform Acts in particular { has attracted a great deal of scholarly argument over how democracy emerged. One long-standing view, rooted in a classical \Whig" interpre- tation of history (see critique by Herbert Butterfield (1965)), is that Britain was distinctive in requiring little social and political conflict to democratize. Others argue that, whether driven by destabilizing constitutional crises or even the threat of mass revolution (Acemoglu and Robinson, 2005), the process of democratization in Britain was deeply conflictual. A key empirical issue at stake in this debate is this: what was the level of perceived political risk during each of Britain's major episodes of suffrage expansion? Scholars on both sides of 1PhD Candidate, Department of Government, Harvard University. Email: [email protected] 2Professor, Department of Government, Harvard University. -
Introduction to the Abercorn Papers Adobe
INTRODUCTION ABERCORN PAPERS November 2007 Abercorn Papers (D623) Table of Contents Summary ......................................................................................................................2 Family history................................................................................................................3 Title deeds and leases..................................................................................................5 Irish estate papers ........................................................................................................8 Irish estate and related correspondence.....................................................................11 Scottish papers (other than title deeds) ......................................................................14 English estate papers (other than title deeds).............................................................17 Miscellaneous, mainly seventeenth-century, family papers ........................................19 Correspondence and papers of the 6th Earl of Abercorn............................................20 Correspondence and papers of the Hon. Charles Hamilton........................................21 Papers and correspondence of Capt. the Hon. John Hamilton, R.N., his widow and their son, John James, the future 1st Marquess of Abercorn....................22 Political correspondence of the 1st Marquess of Abercorn.........................................23 Political and personal correspondence of the 1st Duke of Abercorn...........................26 -
The Strange Revival of Bicameralism
The Strange Revival of Bicameralism Coakley, J. (2014). The Strange Revival of Bicameralism. Journal of Legislative Studies, 20(4), 542-572. https://doi.org/10.1080/13572334.2014.926168 Published in: Journal of Legislative Studies Queen's University Belfast - Research Portal: Link to publication record in Queen's University Belfast Research Portal Publisher rights © 2014 Taylor & Francis. This work is made available online in accordance with the publisher’s policies. Please refer to any applicable terms of use of the publisher General rights Copyright for the publications made accessible via the Queen's University Belfast Research Portal is retained by the author(s) and / or other copyright owners and it is a condition of accessing these publications that users recognise and abide by the legal requirements associated with these rights. Take down policy The Research Portal is Queen's institutional repository that provides access to Queen's research output. Every effort has been made to ensure that content in the Research Portal does not infringe any person's rights, or applicable UK laws. If you discover content in the Research Portal that you believe breaches copyright or violates any law, please contact [email protected]. Download date:01. Oct. 2021 Published in Journal of Legislative Studies , 20 (4) 2014, pp. 542-572; doi: 10.1080/13572334.2014.926168 THE STRANGE REVIVAL OF BICAMERALISM John Coakley School of Politics and International Relations University College Dublin School of Politics, International Studies and Philosophy Queen’s University Belfast [email protected] [email protected] ABSTRACT The turn of the twenty-first century witnessed a surprising reversal of the long-observed trend towards the disappearance of second chambers in unitary states, with 25 countries— all but one of them unitary—adopting the bicameral system. -
05 Hughes Final
MATTHEW HUGHES Fighting for White Rule in Africa: The Central African Federation, Katanga, and the Congo Crisis, - of Zimbabwe in , black guerrilla forces fought a long war throughout the s against the white- Bcontrolled government of Rhodesia. Twenty years earlier, in the late s and early s, long before the start of the insurgency that led to the end of white rule, the white settlers of Rhodesia, then part of the Central African Federation, had fought against black rule in the Belgian Congo. The focus of this fight was the Congo’s province of Katanga, which bordered on the Federation to the north. The struggle in the Congo forms part of the story of white Rhodesian resistance to black majority rule that lasted until (and until in South Africa). Even before Belgium decided to pull out of the Congo in , the Federation’s whites were looking to effect a political union with the Belgian settlers in Katanga; and once Belgium withdrew in the summer of , the Federation did all it could to help to preserve white control over the Congo. This article examines the two related issues of the proposed political union between the Federation and Katanga before , and the Federation’s support for white settler interests in Katanga and the Congo from to , when this phase of the Congo crisis ended. It shows that determined white resist- ance began earlier and cast its net more widely than once thought, thus adding to our understanding of the decay of white rule in central and southern Africa after the Second World War.