HC 1022 - Constitutional Implications of the Government's Draft Scotland Clauses

HC 1022 - Constitutional Implications of the Government's Draft Scotland Clauses
Title HC 1022 - Constitutional Implications of the Government's Draft Scotland Clauses PDF eBook
Author Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
Publisher The Stationery Office
Pages 4
Release 2015
Genre Political Science
ISBN 0215084403

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During the Scottish independence referendum campaign, political commitments were made which led, after the "No" vote, to the convening of the Smith Commission, the purpose of which was to facilitate an agreement for further devolution of powers to the Scottish Parliament. Draft clauses were published by the Government in response to the Smith Commission's report. The Committee have reviewed those draft clauses which concern political and constitutional reform (draft clauses 1 to 9). While the Committee acknowledges the political reasons for swift publication of the clauses, they express concern that this seems to have been at the expense of broader consideration of the consequences for the future of the UK. The Committee are disappointed there has been no attempt to provide for full pre-legislative scrutiny of the clauses by this Parliament. The Committee call upon the incoming administration to recognise, and consult upon, the consequences for all parts of the UK when introducing legislation to implement the Smith Commission Agreement and other proposals on constitutional reform affecting the Union. The Committee further recommends that the Government establish a mechanism for considering the effects of proposed devolution settlements in the round, together with the trends towards decentralisation in England, to ensure that change strengthens the Union.

The United Kingdom and The Federal Idea

The United Kingdom and The Federal Idea
Title The United Kingdom and The Federal Idea PDF eBook
Author Robert Schütze
Publisher Bloomsbury Publishing
Pages 311
Release 2018-06-28
Genre Law
ISBN 1509907165

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How should political power be divided within and among national peoples? Is the nineteenth-century theory of the sovereign and unitary State still fit for purpose in the twenty-first century? If not, can federalism provide a viable alternative model? This collection looks at federalism from the perspective of constitutional law. Taking the United Kingdom as a case study, Part One tracks the historical evolution of the 'Union' and explores the various expressions of federalism that emerged between the eighteenth and twentieth centuries. Part Two then assesses the experience of sovereignty-sharing with other nations in the context of international cooperation. Drawing on the expertise of the foremost commentators in their field, The United Kingdom and the Federal Idea provides a timely and reflective evaluation of how constitutional authority is being re-ordered within and beyond the United Kingdom.

Unlocking Constitutional and Administrative Law

Unlocking Constitutional and Administrative Law
Title Unlocking Constitutional and Administrative Law PDF eBook
Author Mark Ryan
Publisher Taylor & Francis
Pages 1128
Release 2023-02-21
Genre Law
ISBN 1000819612

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Unlocking Constitutional and Administrative Law provides an indispensable foundation in this core law curriculum subject, ensuring that you grasp the main concepts with ease. Containing accessible explanations in clear and precise terms that are easy to understand, it provides an excellent foundation for learning and revising Constitutional and Administrative Law. The information is clearly presented in a logical structure and the following features support learning, helping you to advance with confidence: Clear aims and objectives at the beginning of each chapter set out the skills and knowledge you will need to get to grips with the subject Key Facts summaries throughout each chapter allow you to progressively build and consolidate your knowledge Diagrams to aid memory and understanding Cases and judgments are highlighted to help you find them and add them to your notes quickly End-of-chapter summaries provide a useful checklist for each topic Frequent activities and self-test questions are included so you can put your knowledge into practice Glossary of legal terminology clarifies important definitions. This edition has been fully updated to include discussion of recent changes, issues and developments since the last edition, including an expanded section on Brexit, proposed changes to Judicial review, developments in Wales, Ireland and Scotland, recent Bills raising issues concerning the rule of law, and a new chapter on the constitutional impact of COVID-19.

The UK Constitution after Miller

The UK Constitution after Miller
Title The UK Constitution after Miller PDF eBook
Author Mark Elliott
Publisher Bloomsbury Publishing
Pages 429
Release 2018-07-26
Genre Law
ISBN 1509916423

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The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court's judgment discussed the relative powers of Parliament and the Government, the relationship between Westminster and the devolved legislatures, and the extent to which the UK's membership of the EU had changed the UK constitution, both prior to and even after departure. It also provided further evidence of the emerging role of the UK's Supreme Court as a constitutional court, despite the lack of a codified constitution in the UK. This edited collection critically evaluates the decision in Miller, providing a detailed analysis of the reasoning in the judgment and its longer-term consequences for the UK constitution through the period of Brexit and beyond. The case is used as a lens through which to evaluate the modern UK constitution and its potential future evolution. Whatever form Brexit may eventually take, the impact that EU membership and the triggering of Brexit has already had on the UK's constitutional settlement is profound. The book will be of great value to anyone interested in the effect of the Miller case and Brexit on the UK's constitution.

HC 1128 - The Work of the Committee in the 2010 Parliament

HC 1128 - The Work of the Committee in the 2010 Parliament
Title HC 1128 - The Work of the Committee in the 2010 Parliament PDF eBook
Author Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee
Publisher The Stationery Office
Pages 33
Release 2015
Genre Political Science
ISBN 0215085817

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The Political and Constitutional Reform Select Committee was established in June 2010 to consider political and constitutional reform. Over the last five years the Committee has scrutinised the Government's substantial programme of political and constitutional reform - which included fixing the term of a Parliament, bringing forward proposals for recalling MPs, establishing a register of third party lobbyists and implementing Individual Electoral Registration. The establishment of a dedicated select committee to consider these matters has brought additional parliamentary scrutiny to a substantial part of the Government's programme. Should the next Government plan to take forward constitutional reform, a select committee be established to examine the Government's proposals, to keep the progress of any political and constitutional reform under regular review, and to continue the work this Committee has undertaken. The Committee has also highlighted the extent to which it has engaged the public with it's work through consultations and increased use of social media, online surveys and informal events. This public engagement is one of it's greatest innovations, and something which it encourages other committees to adopt in the future

Text, Cases and Materials on Public Law and Human Rights

Text, Cases and Materials on Public Law and Human Rights
Title Text, Cases and Materials on Public Law and Human Rights PDF eBook
Author Helen Fenwick
Publisher Routledge
Pages 1060
Release 2020-12-14
Genre Law
ISBN 1135071330

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This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).

Constitutional Fundamentals

Constitutional Fundamentals
Title Constitutional Fundamentals PDF eBook
Author Sir William Wade
Publisher Taylor & Francis
Pages 83
Release 1980
Genre Constitutional law
ISBN 9780420459107

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