parliament legislation and accountability hart studies in constitutional law

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Parliament

Author : Alexander Horne
ISBN : 9781509906444
Genre : Law
File Size : 56. 46 MB
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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Parliament

Author : Alexander Horne
ISBN : 9781509906451
Genre : Law
File Size : 90. 98 MB
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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists. The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Parliament

Author : Alexander Horne
ISBN : 1509925414
Genre :
File Size : 21. 68 MB
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This collection of essays by leading academics, lawyers, parliamentarians and parliamentary officials provides a critical assessment of the UK Parliament's two main constitutional roles-as a legislature and as the preeminent institution for calling government to account. Both functions are undergoing change and facing new challenges. Part 1 (Legislation) includes chapters on Parliament's emerging responsibilities for pre-legislative scrutiny of government Bills and for evaluating proposed legislation against explicit constitutional standards. The impact on legislation of the European Union and the growing influence of the House of Lords are also examined. Part 2 (Accountability) investigates how Parliament operates to scrutinise areas of executive action previously often shielded from effective parliamentary oversight, including national security, war-making powers and administrative justice. There are also chapters on parliamentary reform, including analysis of the House of Commons 'Wright reforms', parliamentary sovereignty, privilege and the European Convention on Human Rights, Euroscepticism, and parliamentary sovereignty and the regulation of lobbyists.The book will be of interest to anyone who is curious about the work of Parliament and is aimed at legal academics, practitioners and political scientists.

Parliament And The Law

Author : Alexander Horne
ISBN : 9781782252597
Genre : Law
File Size : 67. 39 MB
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Parliament and the Law is an edited collection of essays, sponsored by the Study of Parliament Group and written by leading constitutional lawyers, practitioners and parliamentary officials, with a Foreword by Sir Ross Cranston (a Justice of the High Court and former Solicitor-General). The book provides a wide-ranging overview of the ways in which the law applies to Parliament and considers how recent changes to our constitutional arrangements (in particular the Human Rights Act, the establishment of a Supreme Court and increasing devolution) have impacted on Parliament as an institution. It includes discussion of a number of topical issues, including: the operation of parliamentary privilege in civil and criminal law (examining the recent examples of 'super injunctions' and Members' expenses); the powers of Parliament's Select Committees; the work of Parliament's 'watchdog' Committees: the Joint Committee on Human Rights and the House of Lords Constitution Committee. It reflects on the effect of Freedom of Information on Parliament. It also discusses arguments that have been raised in favour of a new Bill of Rights for the United Kingdom and arguments for and against the continuation of the doctrine of Parliamentary sovereignty. The book is aimed at legal academics, practitioners, political scientists, parliamentarians and parliamentary officials and others interested in the relationships between Parliament and the law. "This book, published under the auspices of the Study of Parliament Group, is very much to be welcomed. The editors are to be applauded for their initiative [and] the various authors have a profound knowledge of Parliament's operation. The essays are a mine of information. For that reason the chapters will prove a springboard for further analysis. But the book is more than that because it raises some profound issues about Parliament's future and its relationship with other institutions of the state. Those in Parliament, whether as Members or officials, and those interested in Parliament, such as academics, public officials (including, dare I say judges), and many others besides, will all learn from it." From the Foreword by Sir Ross Cranston FBA

The Constitution Of Belgium

Author : Patricia Popelier
ISBN : 9781782259466
Genre : Law
File Size : 50. 28 MB
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In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context.

Interparliamentary Cooperation In The Composite European Constitution

Author : Nicola Lupo
ISBN : 9781782256984
Genre : Law
File Size : 80. 13 MB
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This collection analyses the place and the functioning of interparliamentary cooperation in the EU composite constitutional order, taking into account both the European and the national dimensions. The chapters join the recent scholarship on the role of parliaments in the EU after the Treaty of Lisbon.The aim of this volume is to highlight the constitutional significance of interparliamentary cooperation as a permanent feature of EU democracy and as a new parliamentary function as well as to investigate the practical side of this relatively new phenomenon. To this end the contributors are academics and parliamentary officials from all over Europe. The volume discusses the developments in interparliamentary cooperation and its implications for the organisation and procedures of national parliaments and the European Parliament, for the fragmented executive of the EU, and for the democratic legitimacy of the overall EU composite Constitution. These issues are examined by looking at the European legislative process, the European Semester and the Treaty revisions. Moreover, the contributions take into account the effects of interparliamentary cooperation on the internal structure of parliaments and analyse the different models of interparliamentary cooperation, ie from COSAC to the new Interparliamentary Conference on Stability, Economic Coordination and Governance in the European Union provided by the Fiscal Compact.

The Constitution Of Ireland

Author : Oran Doyle
ISBN : 1509903437
Genre : Civil rights
File Size : 63. 72 MB
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This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power.The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.

The Constitutional Protection Of Capitalism

Author : Danny Nicol
ISBN : 9781847315595
Genre : Law
File Size : 80. 83 MB
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In 1945 a Labour government deployed Britain's national autonomy and parliamentary sovereignty to nationalise key industries and services such as coal, rail, gas and electricity, and to establish a publicly-owned National Health Service. This monograph argues that constitutional constraints stemming from economic and legal globalisation would now preclude such a programme. It contends that whilst no state has ever, or could ever, possess complete freedom of action, nonetheless the rise of the transnational corporation means that national autonomy is now siginificantly restricted. The book focuses in particular on the way in which these economic constraints have been nurtured, reinforced and legitimised by the creation on the part of world leaders of a globalised constitutional law of trade and competition. This has been brought into existence by the adoption of effective enforcement machinery, sometimes embedded within the nation states, sometimes formed at transnational level. With Britain enmeshed in supranational economic and legal structures from which it is difficult to extricate itself, the British polity no longer enjoys the range and freedom of policymaking once open to it. Transnational legal obligations constitute not just law but in effect a de facto supreme law entrenching a predominantly neoliberal political settlement in which the freedom of the individual is identified with the freedom of the market. The book analyses the key provisions of WTO, EU and ECHR law which provide constitutional protection for private enterprise. It dwells on the law of services liberalisation, public monopolies, state aid, public procurement and the fundamental right of property ownership, arguing that the new constitutional order compromises the traditional ideals of British democracy.

Parliament And The Law

Author : Alexander Horne
ISBN : 9781509908721
Genre : Law
File Size : 67. 95 MB
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Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.

Scotland S Constitution

Author : Chris Himsworth
ISBN : 9781780434667
Genre : Law
File Size : 66. 96 MB
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Scotland's Constitution: Law and Practice, 3rd edition is a clear, comprehensive account of the Scottish dimension of constitutional law within its UK and European context. It describes and analyses constitutional arrangements while integrating that analysis with a general background to constitutional law and the UK institutions which have a continuing relevance for the government of Scotland. This highly regarded text considers law-making powers for Scotland, the legislative process at Westminster and at Holyrood, the accountability and scrutiny of government, the independence of the judiciary and the role of the courts in interpreting and adjudicating upon constitutional and administrative law questions. The third edition has been fully updated throughout and incorporates changes brought about by the Scotland Act 2012. There is expanded consideration of the constitutional review of Acts of the Scottish Parliament. This edition also includes coverage of the Scottish Independence Referendum. This text provides an essential introduction to constitutional law for law students and for others with a general interest in this subject. Previous print edition ISBN: 9781847663184

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