Download or read book The Sewel Convention written by Scotland. Parliament. Procedures Committee and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Procedures Committee Report written by Scotland. Parliament. Procedures Committee and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Sewel Convention written by Great Britain: Parliament: House of Commons: Scottish Affairs Committee and published by The Stationery Office. This book was released on 2006-06-19 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sewel Convention seeks to ensure that the UK Parliament legislates on devolved matters only with the express agreement of the Scottish Parliament, and consent is also required for legislation on reserved matters if it alters the powers of the Scottish Parliament or Scottish Ministers. Following on from a report by the Scottish Parliament Procedures Committee on the operation of the Convention (SP paper 428, 7th report, session 2 (2005) (ISBN 1406113220) published in October 2005), the Committee's report focuses on ways of improving the communications procedure between the Scottish and Westminster Parliaments, and how MPs could be better alerted that a particular Bill before Parliament had been subject to a Sewel motion in the Scottish Parliament. Recommendations made include: the introduction of a formal process whereby the Scottish Parliament notifies Westminster when a Sewel motion has been passed and the 'tagging' of all relevant public Bills; and the need for an explicit statement on explanatory notes to Bills as to which parts of the UK the provisions will affect. The report also recommends the further consideration of the need to establish a 'Super' Scottish Grand Committee, composed of Scottish MPs, MSPs and Scottish MEPs, to discuss matters of mutual interest.

Download or read book Legislating by Consent written by and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Sewel Convention written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Statutory Conventions written by Conor Crummey and published by . This book was released on 2018 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Miller v Secretary of State for Exiting the European Union, the Supreme Court held that the UK Parliament was under no legal obligation to seek the consent of the Scottish Parliament before passing legislation to leave the European Union. Section 28(8) of the Scotland Act 1998, they held, does not elevate the Sewel Convention from the status of political convention to legal requirement. We argue that the Court's reasoning on this point was unclear and underdeveloped, and betrayed a conceptual confusion about the nature of political conventions.We focus on four problematic assumptions that the Court made:(i) That a political convention does not cease being a political convention even if it is recognised in statute;(ii) That (i) obtains because of the nature of the content of a political convention, regardless of formal legal enactment procedures;(iii) That Parliament did not intend that a legislative provision should create a justiciable legal rule;(iv) That the words 'it is recognised' and 'will not normally' in the relevant provision support (iii).In making these assumptions, the court in effect created a new constitutional category: the 'statutory convention'. We argue that this was misguided, as section 28(8) created a legal duty on the UK Parliament to seek the consent of the Scottish Parliament before passing legislation to trigger Article 50. This legislation has passed, but as the constitutional landscape becomes ever more complex, the confusion over the nature of political conventions created by the Court merits examination and conceptual clarification.

Download or read book The UK Constitution After Miller written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2018-07-26 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword / Sir Stephen Sedley -- The Miller tale : an introduction / Mark Elliott, Jack Williams and Alison L Young -- Prerogative powers after Miller : an analysis in four E's / Jack Williams -- Miller and the prerogative / Anne Twomey -- Miller, treaty making and the rights of subjects / Eirik Bjorge -- Miller, EU law and the UK / Paul Craig -- Of power cables and bridges: individual rights and retrospectivity in Miller and beyond / David Howarth -- Constitutional change and territorial consent : the Miller case and the Sewel convention / Aileen McHarg -- Sovereignty, consent and constitutions : the Northern Ireland references / Gordon Anthony -- The Miller case and constitutional statutes / Sir John Laws -- Sovereignty, primacy and the common law constitution : what has EU membership taught us? / Mark Elliott -- Miller, constitutional realism and the politics of Brexit / Richard Ekins and Graham Gee -- Miller and the future of constitutional adjudication / Alison L Young

Download or read book Let it be written by Neil Francis Deacon and published by . This book was released on 2017 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Sewel Convention written by Great Britain: Parliament: House of Commons: Scottish Affairs Committee and published by . This book was released on 2006 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sewel Convention seeks to ensure that the UK Parliament legislates on devolved matters only with the express agreement of the Scottish Parliament, and consent is also required for legislation on reserved matters if it alters the powers of the Scottish Parliament or Scottish Ministers. This document sets out the Government's response to the Committee's report (HCP 983, session 2005-06; ISBN 0215029240) into ways of improving the communications procedure between the Scottish and Westminster Parliaments, and how MPs could be better alerted that a particular Bill before Parliament had been subject to a Sewel motion in the Scottish Parliament.

Download or read book Governing Britain written by Philip Norton and published by Manchester University Press. This book was released on 2020-09-17 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who governs Britain? Is Parliament sovereign? Who chooses the Prime Minister? And who enforces the rules? The United Kingdom is in the throes of political and constitutional conflict. Tensions between different Westminster and Holyrood, and between the UK and the European Union, are part of a wider picture of constitutional flux. The United Kingdom is one of only three nations that does not have the principal provisions of the organs of state, nor is how they relate to one another and to the citizen embodied in a single document. Devolution and Brexit have given rise to calls for a codified constitution, but the debate has taken place against a background of confusion and uncertainty as to existing constitutional arrangements. We must first understand what already exists and how our constitution works today. This deeply informed and elegantly written book addresses the problems that have arisen in the context of the greatest political crisis our country has faced in decades.

Download or read book The UK s Changing Democracy written by Patrick Dunleavy and published by LSE Press. This book was released on 2018-11-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UK’s Changing Democracy presents a uniquely democratic perspective on all aspects of UK politics, at the centre in Westminster and Whitehall, and in all the devolved nations. The 2016 referendum vote to leave the EU marked a turning point in the UK’s political system. In the previous two decades, the country had undergone a series of democratic reforms, during which it seemed to evolve into a more typical European liberal democracy. The establishment of a Supreme Court, adoption of the Human Rights Act, Scottish, Welsh and Northern Irish devolution, proportional electoral systems, executive mayors and the growth in multi-party competition all marked profound changes to the British political tradition. Brexit may now bring some of these developments to a juddering halt. The UK’s previous ‘exceptionalism’ from European patterns looks certain to continue indefinitely. ‘Taking back control’ of regulations, trade, immigration and much more is the biggest change in UK governance for half a century. It has already produced enduring crises for the party system, Parliament and the core executive, with uniquely contested governance over critical issues, and a rapidly changing political landscape. Other recent trends are no less fast-moving, such as the revival of two-party dominance in England, the re-creation of some mass membership parties and the disruptive challenges of social media. In this context, an in-depth assessment of the quality of the UK’s democracy is essential. Each of the 2018 Democratic Audit’s 37 short chapters starts with clear criteria for what democracy requires in that part of the nation’s political life and outlines key recent developments before a SWOT analysis (of strengths, weaknesses, opportunities and threats) crystallises the current situation. A small number of core issues are then explored in more depth. Set against the global rise of debased semi-democracies, the book’s approach returns our focus firmly to the big issues around the quality and sustainability of the UK’s liberal democracy.

Download or read book Public Law Concentrate written by Colin Faragher and published by Oxford University Press. This book was released on 2024 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Scottish Political System Since Devolution written by Paul Cairney and published by Andrews UK Limited. This book was released on 2012-01-30 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a narrative of Scottish politics since devolution in 1999. It compares eight years of coalition government under Scottish Labour and the Scottish Liberal Democrats with four years of Scottish National Party minority government. It outlines the relative effect of each government on Scottish politics and public policy in various contexts, including: high expectations for ‘new politics' that were never fully realised; the influence of, and reactions from, the media and public; the role of political parties; the Scottish Government's relations with the UK Government, EU institutions, local government, quasi-governmental and non-governmental actors; and, the finance available to fund policy initiatives. It then considers how far Scotland has travelled on the road to constitutional change, comparing the original devolved framework with calls for independence or a new devolution settlement. The book draws heavily on information produced since 1999 by the Scottish Devolution Monitoring project (which forms one part of the devolution monitoring project led by the Constitution Unit, UCL) and is supplemented by new research on public policy, minority government, intergovernmental relations and constitutional change.

Download or read book Powers for a Purpose written by Great Britain: Wales Office and published by . This book was released on 2015-02-27 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Scotland Analysis written by Great Britain: Scotland Office and published by The Stationery Office. This book was released on 2013-02-11 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UK Government is undertaking a major cross-government programme of analysis prior to the referendum on Scottish independence in 2014. The aim is to provide a comprehensive and detailed analysis of Scotland's place in the UK. This paper, the first of a series to be published in 2013 and 2014, examines the UK's constitutional set-up and the legal implications of independence. The UK Government is convinced that the current devolution offers the best for Scotland: the Scottish Parliament and Government are empowered to take decisions on a range of domestic policy areas - such as health, education, policing - while Scotland continues to benefit from decisions made for the UK as a whole - defence and security, foreign representation, economic affairs. Independence is very different to devolution. Based on independent expert opinion (published as Annex A), the paper concludes that if there were to be a vote in favour of leaving the UK, Scotland would become an entirely new state whilst the remainder of the UK would continue as before, retaining the rights and obligations of the UK as it currently stands. Any separation would have to be negotiated between both governments. Legal and practical implications of independence, both at home and abroad, are addressed. An independent Scotland would have to apply to and/or negotiate to become a member of whichever international organisations it wished to join, including the EU and NATO. Scotland would also have to work through its positions on thousands of international treaties to which the UK is currently party.

Download or read book The Oxford Handbook of Scottish Politics written by Michael Keating and published by Oxford University Press. This book was released on 2020-08-21 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.

Download or read book Common Law Constitutional Rights written by Mark Elliott and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is a developing body of legal reasoning in the United Kingdom Supreme Court in which members of the senior judiciary have asserted the primary role of common law constitutional rights and critiqued legal arguments based first and foremost on the Human Rights Act 1998. Their calls for a shift in legal reasoning have created a sense amongst both scholars and the judiciary that something significant is happening. Yet despite renewed academic and judicial interest we have limited insight into what common law constitutional rights we have, how they work and what they offer. This book is the first collection of its kind to systematically explore both the content and role of individual common law constitutional rights alongside the constitutional significance and broader implications of these developments. It therefore contributes not only to our understanding of what the common law might be capable of offering in terms of the protection of rights, but also to our understanding of the nature of the constitutional order of which such rights are an integral part.