Subject to Empire: Married Women and the British Nationality and Status of Aliens Act

2001 ◽  
Vol 40 (4) ◽  
pp. 522-556 ◽  
Author(s):  
M. Page Baldwin

The 1914 British Nationality and Status of Aliens (BNSA) Act stated that “the wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall be deemed to be an alien.” By this reenactment of an 1870 law, a British woman who married an alien became an alien herself, losing the rights and privileges accorded to British nationality. During the 1920s and 1930s, British feminists from around the Empire worked to change this regulation, but only in 1948 were women in the United Kingdom granted the right to their own nationality regardless of their marital status. The House of Commons largely supported the feminists' efforts to reform the laws so that women would not automatically lose their nationality on marriage. Members of Parliament introduced several bills to equalize the nationality laws that were read without division. The Government, however, consistently blocked the bills, citing the imperial nature of the nationality laws and Dominion disagreement with the change. This contest over nationality has been a neglected topic in the study of twentieth-century British history. Legal historians have, by and large, only described changes in the laws regarding married women's national status. While some historians of the women's movement in the British Isles have noted the equal nationality campaign, most have not realized how it can contribute to our understanding of interwar Britain and British feminism. Pat Thane, however, has seen in this topic an example of the way the Empire has influenced British culture.

Author(s):  
João Paulo Ferreira

This paper analyses nine articles, written in the Portuguese press between 1908 and 1919, which focus on the activities of the British suffragette movement. The articles are taken from four contemporary periodicals: O Mundo, A Madrugada, A Mulher e a Criança and Alma Feminina. The first was a Republican daily newspaper, whilst the others were newspapers or magazines whose main purpose was the defence of women’s rights. The last of the four contains articles which were translated from the magazine Jus Suffragii and are analysed in this paper. Concepts such as imagology, reception theory, representation, propaganda and the polysystem theory were employed in the analysis of the articles. As different as the tactics of the Portuguese and British feminists were, the writers of the articles tended to consider all feminists as part of a single community who strived to defend basic human rights for women. Although an admiration for the suffragettes and their violent tactics transpires from the articles (which contrasts with the more passive attitude of Portuguese women), most of the writers were dismayed by the repression inflicted by the Police and the Government upon the suffragettes. This was due to the fact that the United Kingdom was considered to be a country where the right of free speech was believed to be paramount. Hence, some of the articles stress the biased attitudes of British institutions against the suffragettes.


Author(s):  
Geoffrey Marshall

The analysis of British political institutions in the twentieth century has not emerged solely from the writing of textbooks by political scientists. The genesis of general thinking about the government of the United Kingdom is to a lesser degree the product of professional reflection than is the development of theories about comparative government. It evolves more directly from the political process itself and from the controversies about government that government itself generates. This chapter discusses the powers of Parliament, the nature of cabinet government, the accountability of ministers, the dignified institutions, the re-modelling of Dicey’s institution, political institutions and public inquiry, and theory and analysis in political institutions.


the wishes of the Government expressed in the form of legislation, or the extent to which it can interfere with the pursuit of those wishes. Until now it has been a commonplace of political thought that although the United Kingdom might not have a written constitution its unwritten constitution was nonetheless based on fundamental principles. Amongst these principles were the sovereignty of Parliament and the Rule of Law. The centrality within the United Kingdom constitution of the doctrine of Parliamentary sovereignty has traditionally meant that Parliament can make such law as it determines, but the validity of such an interpretation has been questioned by some. The justifications for such challenges to absolute Parliamentary sovereignty are based on the United Kingdom's membership of both the European Union and the Council of Europe with the implications of higher authorities than Parliament, in the former's legislation and the latter's endorsement of inalienable individual rights. As for the Rule of Law, although it is a notoriously amorphous concept, it has provided the courts with scope for challenging the actions of the executive and, indeed, to a more limited degree, the legislature. The mechanism through which the courts have previously exercised their burgeoning constitutional and, by definition, political role is judicial review by means of which they have asserted the right to subject the actions and operations of the executive to the gaze and control of the law in such a way as to prevent the executive from abusing its power. However, such power has been greatly extended by the enactment of the Human Rights Act (HRA) 1998. The Act only came into effect in October 2000 so the question remains as to how the courts will use the powers given to them under that Act. The remaining articles in this chapter will consider the wider political context within which the judiciary operate as well as focusing on the Rule of Law and the HRA 1998. In an article 'Law and democracy', published in the Spring 1995 edition of Public Law, Sir John Laws, Justice of the High Court, Queen's Bench Division, considered the appropriate role of judges within the constitution from the perspective of the judge (footnotes omitted).

2012 ◽  
pp. 54-65

2017 ◽  
Vol 8 (2) ◽  
pp. 139-151
Author(s):  
Florence Nocca

Abstract Although Twitter has become a major source of data, research still relies on heavy manual searches to find the accounts of a population of interest, such as members of Parliament, members of an association or candidates to an election. In this article, we propose a method to semi-automatically retrieve those accounts. After creating a pool of possible accounts through automatic web searches, we select a unique account for each member of a defined group. To do so, we use a simplified version of the minimax regret approach, on a score based on the account’s handle and the tweets’ content. We test this method to find the accounts of the candidates for the 2015 Spanish general elections and the members of the 57th House of Commons in the United Kingdom.


1933 ◽  
Vol 27 (1) ◽  
pp. 153-182 ◽  
Author(s):  
Beichmann

Great Britain and her Allies were at war with Germany and Turkey, but not with Russia orPersia, and martial law had not been proclaimed in Persian territory occupied with permission of the government by the British troops. The latter, however, met with armed resistance from certain local inhabitants and hostile bands of brigands under Russian Bolshevist leadership. Under these circumstances the British forces in Persia had the right totake the necessary measures to protect themselves against acts harmful to their operations or favorable to the enemy, a right which in general, according to international law,belongs to belligerent forces occupying enemy territory.


2000 ◽  
Vol 49 (4) ◽  
pp. 944-953 ◽  
Author(s):  
Colin Warbrick

The process of constitutional reform in the United Kingdom instituted by the present Labour government has been considerable but it has proceeded on a piecemeal basis. Its aim is to reinforce accountability for the exercise of public power but, in the absence of a comprehensive scheme of reform, the achievement of this ambition has the same lack of coherence as the reform programme itself. Some matters remain untouched by the process, centrally and crucially the domination of the House of Commons and therefore effectively the legislature, by the Executive, a condition exaggerated by the massive majority enjoyed by the government.1 The justification for this arrangement, which so infringes the separation of powers, lies in the claim that it produces effective, stable and accountable government. This is not the place to assess the accuracy of these claims but to note the importance of recognising the particular relationship between executive and legislature which characterises the British Constitution when considering the likely impact of proposals for its reform.


Author(s):  
Mykola Trofymenko

Public diplomacy of Great Britain is one of the most developed in the EU and in the world. The United Kingdom has developed an extremely efficient public diplomacy mechanism which includes BBC World Service (which due to its popularity boosts the reputation and the image of Great Britain), Chevening Scholarships (provides outstanding foreign students with opportunity to study in Great Britain and thus establishes long-lasting relations with public opinion leaders and foreign countries elite) and the British Council, which deals with international diplomatic ties in the field of culture. The British Council is a unique organization. Being technically independent, it actively and efficiently works on consolidating Great Britain’s interests in the world and contributes to the development of public diplomacy in Great Britain.   The author studies the efforts of the British Council as a unique public diplomacy tool of the United Kingdom. Special attention is paid to the role of British Council, which is independent of the governing board and at the same time finds itself under the influence of the latter due to the peculiarities of the appointment of Board’s officials, financing etc. The author concludes that the British Council is a unique organization established in 1934, which is a non-departmental state body, charitable organization and public corporation, technically independent of the government. The British Council, thanks to its commercial activities covers the lack of public funding caused by the policy of economy conducted by the government. It has good practices in this field worth paying attention by other countries. It is also worth mentioning that the increment in profit was getting higher last year, however the issue of increasing the influence of the government on the activities of British Council is still disputable. Although the Foreign Minister officially reports to the parliament on the activities of the British Council, approves the appointment of the leaders of organizations, the British Council preserves its independence of the government, which makes it more popular abroad, and makes positive influence on the world image of Great Britain. The efficiency of the British Council efforts on fulfillment of targets of the United Kingdom public diplomacy is unquestionable, no matter how it calls its activities: whether it is a cultural relations establishment or a cultural diplomacy implementation. Keywords: The British Council, public diplomacy, cultural diplomacy, cultural relations, Foreign Office, Her Majesty’s Government, official assistance for development


Author(s):  
Breen Creighton ◽  
Catrina Denvir ◽  
Richard Johnstone ◽  
Shae McCrystal ◽  
Alice Orchiston

The purpose of the research upon which this book is based was empirically to investigate whether the ballot requirements in the Fair Work Act do indeed impose a significant obstacle to the taking of industrial action, and whether those provisions are indeed impelled by a legitimate ‘democratic imperative’. The book starts from the proposition that virtually all national legal systems, and international law, recognise the right to strike as a fundamental human right. It acknowledges, however, that in no case is this recognition without qualification. Amongst the most common qualifications is a requirement that to be lawful strike action must first be approved by a ballot of workers concerned. Often, these requirements are said to be necessary to protect the democratic rights of the workers concerned: this is the so-called ‘democratic imperative’. In order to evaluate the true purpose and effect of ballot requirements the book draws upon the detailed empirical study of the operation of the Australian legislative provisions noted above; a comparative analysis of law and practice in a broad range of countries, with special reference to Canada, South Africa, the United Kingdom and the United States; and the jurisprudence of the supervisory bodies of the International Labour Organisation. It finds that in many instances ballot requirements – especially those relating to quorum – are more concerned with curtailing strike activity than with constructively responding to the democratic imperative. Frequently, they also proceed from a distorted perception of what ‘democracy’ could and should entail in an industrial context. Paradoxically, the study also finds that in some contexts ballot requirements can provide additional bargaining leverage for unions. Overall, however, the study confirms our hypothesis that the principal purpose of ballot requirements – especially in Australia and the United Kingdom – is to curtail strike activity rather than to vindicate the democratic imperative, other than on the basis of a highly attenuated reading of that term. We believe that the end-result constitutes an important study of the practical operation of a complex set of legal rules, and one which exposes the dichotomy between the ostensible and real objectives underpinning the adoption of those rules. It also furnishes a worked example of multi-methods empirical, comparative and doctrinal legal research in law, which we hope will inspire similar approaches to other areas of labour law.


2021 ◽  
pp. 002073142199709
Author(s):  
Marc A. Rodwin

To control costs and improve access, nations can adopt strategies employed in the United Kingdom to control pharmaceutical prices and spending. Current policy evolved from a system created in 1957 that allowed manufacturers to set launch prices, capped manufacturers’ rates of return, and later cut list prices. These policies did not effectively control spending and had limited effects on purchase prices. The United Kingdom currently controls pharmaceutical spending in 4 ways. (a) Since 1999, it has typically paid no more than is cost-effective. (b) Since 2017, for medicines that will have a significant budget impact, National Health Service England seeks discounts from cost-effective prices or seeks to limit access for 2 years to patients with the greatest need. (c) Since 2014, statutes and a voluntary scheme have required branded manufacturers to pay the government rebates to recoup the difference between the global pharmaceutical budget and actual spending. (d) For hospitals, generics and some patented drugs are procured through competitive bidding; community pharmacies are reimbursed through a system that provides an incentive to beat average generic market prices. These policies controlled the growth of spending, with the largest effects following budget controls in 2014. Changes since 2008 have reduced savings, first by paying more than is cost-effective for cancer drugs and then by applying higher cost-effectiveness thresholds for some drugs used to treat cancer and certain other drugs.


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