12. Introduction to Legislative Functions

Public Law ◽  
2019 ◽  
pp. 356-377
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Legislative Process ◽  
House Of Commons ◽  
Binding Force ◽  
House Of Lords ◽  
The Uk ◽  
The Relationship

This chapter provides an overview of the themes covered in Part 3 of the book, consisting of Chapters 12 to 15. Chapter 13 examines the processes involved in making Acts of the UK Parliament. Chapter 14 looks at ‘delegated legislation’—that is, rules that have the binding force of law made by ministers and other authorities, in which Parliament has a limited scrutiny role. Chapter 15 is a case study designed to bring together and develop several key themes—notably, the relationship between the House of Commons and House of Lords in the legislative process.

15. Case Study: Constitutionally Contested Legislation

Public Law ◽  
2019 ◽  
pp. 443-482
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
Wild Animals ◽  
House Of Commons ◽  
Labour Government ◽  
House Of Lords ◽  
The Commons ◽  
Constitutional Conventions ◽  
Set Up ◽  
The Uk ◽  
The Relationship

This chapter looks at the circumstances surrounding two events. The first is the 2005 decision of the UK Parliament to set up a committee to examine whether the constitutional conventions governing the relationship between the House of Lords and the House of Commons should be codified. The second is the decision of the Commons (and the Labour government) to press ahead and present the Hunting Bill 2004 for royal assent despite the opposition of the Lords to the policy of a total ban on hunting wild animals with dogs; the Lords preferred a policy of licensed hunting.

5. Parliamentary government and the legislative process

2021 ◽  
pp. 54-80
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
Parliamentary Government ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

10. EU Legislation

2018 ◽  
Author(s):  
Ed Beale ◽  
Libby Kurien ◽  
Eve Samson
Keyword(s):  
Direct Access ◽  
Legislative Process ◽  
House Of Commons ◽  
National Parliaments ◽  
Eu Legislation ◽  
House Of Lords ◽  
The Government ◽  
The Uk ◽  
The Eu

This chapter examines the ways in which the UK Parliament formally constrains the government and engages with European Union (EU) institutions. The House of Lords and the House of Commons both have processes to ensure that legislation proposed at the EU level has been properly reviewed before it takes effect in UK law. The ‘scrutiny reserve’, which stipulates that ministers should not agree to proposals under scrutiny, is used to elicit information about the government's negotiating position. Parliament also has a role in examining EU legislation and providing direct access to European institutions. The chapter first provides an overview of the EU legislative process, focusing on three principal EU institutions: member states, the European Parliament (EP), and the European Commission. It also considers the formal role of national parliaments in the EU legislative process, the UK Parliament's scrutiny of the EU legislation and its effectiveness, and parliamentary scrutiny after Brexit.

5. Parliamentary sovereignty

2019 ◽  
pp. 99-123
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘Parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament's legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament's legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

The Role of Select Committees

2017 ◽  
Author(s):  
Meg Russell ◽  
Daniel Gover
Keyword(s):  
Smoking Ban ◽  
Legislative Process ◽  
House Of Commons ◽  
Select Committee ◽  
House Of Lords ◽  
The Commons ◽  
The Government ◽  
Government Legislation

This chapter explores the various means by which specialist select committees in both the House of Commons and House of Lords interact with and influence government legislation. The development of select committees is widely seen as important at Westminster, having encouraged greater expertise and specialization among members, and cross-party work. Yet the select committees have only a limited formal role in the legislative process, because the ‘committee stage’ occurs elsewhere. Nonetheless, this chapter shows extensive select committee influence on the 12 case study bills. The committees can be important to setting the policy agenda, informing members, influencing debate, encouraging amendments, and—potentially—supporting the government. This particularly applies to the constitutional committees in the House of Lords, and select committees conducting pre-legislative scrutiny of draft bills. However, other committees can also be important, as demonstrated by the Commons Health Committee’s intervention over the smoking ban in the Health Bill (2005–06).

6. Parliamentary sovereignty

2021 ◽  
pp. 123-145
Author(s):  
Anne Dennett
Keyword(s):  
Legislative Process ◽  
Bill Of Rights ◽  
House Of Commons ◽  
Legislative Power ◽  
Legal Limits ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
The Uk ◽  
A Current ◽  
Law Making

This chapter focuses on parliamentary sovereignty. The term ‘parliamentary sovereignty’ is normally defined as the ‘legislative supremacy of Parliament’. Since the constitutional settlement brought about by the Bill of Rights 1689, the UK Parliament has had unchallenged authority to create primary law. Parliament’s legislative supremacy means, therefore, that there is no competing body with equal or greater law-making power and there are no legal limits on Parliament’s legislative competence. Parliament has broad legislative power but cannot make unchangeable statutes, and a current parliament can reverse laws made by a previous parliament. Nobody but Parliament can override Acts of Parliament. The Enrolled Bill rule requires that, if a Bill has passed through the House of Commons and House of Lords and received royal assent, the courts will not enquire into what happened before or during the legislative process.

7. Parliament and the legislative process

2019 ◽  
pp. 88-110
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—is guardian of the constitution through the work of the House of Lords Constitution Committee and protects the constitution and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

7. Parliament and the legislative process

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Significant Role ◽  
Legislative Process ◽  
Voting Systems ◽  
House Of Commons ◽  
Essential Information ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Law

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter first describes the UK legislature. The legislature of the UK is the Queen in Parliament. Parliament is bicameral, meaning that, apart from the Queen, there are two legislative chambers called the House of Lords and the House of Commons. The House of Lords—composed of life peers, senior bishops, and some hereditary peers—protects the constitution, and initiates and revises legislation. The House of Commons—composed of constituency representatives organized on party lines under the whip system—is the principal legislative chamber and plays a significant role in scrutinizing the executive. The discussion then turns to the legislative process, covering electoral law, alternative voting systems, and the devolution of the legislative function including the Wales Act 2017.

scholarly journals Resituating the political in cultural intermediary work: Charity sector public relations and communication

2021 ◽  
pp. 136754942199423
Author(s):  
Anne M Cronin ◽  
Lee Edwards
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Party Politics ◽  
The Political ◽  
Depth Analysis ◽  
Cultural Intermediary ◽  
Cultural Intermediaries ◽  
The Uk ◽  
The Relationship

Drawing on a case study of public relations in the UK charity sector, this article argues that cultural intermediary research urgently requires a more sustained focus on politics and the political understood as power relations, party politics and political projects such as marketization and neoliberalism. While wide-ranging research has analysed how cultural intermediaries mediate the relationship between culture and economy, this has been at the expense of an in-depth analysis of the political. Using our case study as a prompt, we highlight the diversity of ways that the political impacts cultural intermediary work and that cultural intermediary work may impact the political. We reveal the tensions that underpin practice as a result of the interactions between culture, the economy and politics, and show that the tighter the engagement of cultural intermediation with the political sphere, the more tensions must be negotiated and the more compromised practitioners may feel.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

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