scholarly journals Electoral Quotas: Should the UK learn from the rest of the world?

2009 ◽  
pp. 92-100
Author(s):  
Chris Game
Keyword(s):  
Electoral System ◽  
Bill Of Rights ◽  
Tony Blair ◽  
System A ◽  
Low Profile ◽  
House Of Lords ◽  
The Uk ◽  
Electoral Quotas ◽  
And Control

UK Prime Minister Gordon Brown would surely love his political legacy to include a significant contribution to constitutional reform. Certainly he inherited, on succeeding Tony Blair in 2007, a substantial agenda of unfinished constitutional business: devolution, House of Lords reform, the electoral system, a bill of rights, a written constitution. Two years on, though, major progress on any of these ‘big’ topics seems most unlikely before a probable 2010 General Election. Which might mean a rather modest constitutional legacy, based mainly on bringing some prerogative powers under MPs’ scrutiny and control, and, in other comparatively minor ways, boosting the role of Parliament. One such low profile, though not unimportant, initiative is Brown’s revival of the Speaker’s Conference, a constitutional device that many supposed had become extinct with the creation in 2000 of the Electoral Commission.

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.

13. Small Parties and Law-making

2018 ◽  
Author(s):  
Margaret Arnott ◽  
Richard Kelly
Keyword(s):  
Political Parties ◽  
Strong Support ◽  
Electoral System ◽  
First Century ◽  
The Political ◽  
General Elections ◽  
Parliamentary Procedure ◽  
The Uk ◽  
Law Making

This chapter discusses the role of smaller parties in the law-making process. General elections in the UK are conducted with an electoral system which militates against the representation of smaller political parties, particularly those having no strong support at the regional level. However, events at Westminster over the last decade have increased the prominence of smaller parties in the operation of parliamentary business. The chapter first considers the role of small parties in the UK Parliament, committees and legislation, as well as their participation in backbench debates before examining how the political and electoral context of Parliament, especially in the twenty-first century, has affected the representation of smaller parties and the ways in which reforms to parliamentary procedure since the 1980s have enhanced the role of the second opposition party. It suggests that Parliament today offers more opportunities for smaller political parties to influence debate and policy, but this remains quite limited.

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.

6. Company Management and Governance

2020 ◽  
pp. 100-120
Author(s):  
Imogen Moore
Keyword(s):  
Corporate Governance ◽  
Institutional Investors ◽  
Executive Directors ◽  
Corporate Governance Code ◽  
Executive Remuneration ◽  
Questions And Answers ◽  
The Uk ◽  
And Control ◽  
The Relationship

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter explores important issues in company management and corporate governance, starting by examining the role of directors and shareholders (and the relationship between them) and the separation of ‘ownership and control’. Since the early 1990s, the governance of listed companies has been dominated by self-regulatory codes (currently the UK Corporate Governance Code). This chapter examines how these codes operate and considers key themes in corporate governance, including the role of non-executive directors and auditors; the position of institutional investors; and executive remuneration.

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.

Outcomes in genitourinary medicine: whose priority?

1998 ◽  
Vol 9 (1) ◽  
pp. 9-15 ◽  
Author(s):  
Anne M Johnson
Keyword(s):  
Surveillance Systems ◽  
Primary Role ◽  
Sexually Transmitted ◽  
Complex Interactions ◽  
Measuring Outcomes ◽  
Genitourinary Medicine ◽  
The Uk ◽  
And Control ◽  
Health Function

Summary: The primary role of genitourinary medicine (GUM) services in the UK is the treatment and control of sexually transmitted diseases (STDs). The origins of the service lie in its public health function, yet measuring outcomes locally and nationally is not straightforward. Difficulties arise from the complex interactions between sexual behaviour, the biology of STDs and the role of clinical services; from the potential consequences of the National Health Service (NHS) internal market on national STD control; and from the limitations of information and surveillance systems. This paper considers each of these areas in turn and concludes with some proposals for measuring GUM outcomes locally and nationally which might potentially satisfy the concerns of commissioners and providers.

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.

Cross-fertilisation of Constitutional Ideas

2013 ◽  
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Case Law ◽  
Bill Of Rights ◽  
House Of Lords ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.

9. The politics of global policing

2019 ◽  
pp. 185-206
Author(s):  
Benjamin Bowling ◽  
Robert Reiner ◽  
James Sheptycki
Keyword(s):  
Organizational Culture ◽  
Field Of Study ◽  
Liaison Officer ◽  
Local Police ◽  
Police Agencies ◽  
The Uk ◽  
And Control ◽  
The Impact

This chapter explores the impact of globalization on the architecture of policing, its organizational culture, priorities, and practices. Following a discussion of the context of the globalization of the economy, communications, and governance, the chapter examines the growth in the power and scope of transnational policing and its emergence as a field of study. The chapter explores the development of global policing organizations (such as Interpol and UNPOL), regional policing agencies (such as Europol), and the development of national hubs (such as the UK National Crime Agency). It explores the role of foreign police agencies acting abroad, the emergence of the overseas liaison officer as a policing specialism, and how global developments are shaping local policing. The chapter concludes with an assessment of the impact of globalization on debates about national and local police capacity, accountability, and control.

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