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The ability of any Member to bring forward a legislative proposition, and to have it debated, is the clearest indication that so far as legislation is concerned the House is not a mere machine, churning out endless bills introduced, timetabled, amended and whipped through by the Executive. However, the weight of evidence demonstrates a clear desire across the House for change to private Member's bill procedures. The fundamental problem with the private Member's bill procedures as they currently operate is that it is too easy for a small number of Members to prevent a bill from progressing without giving the House as a whole the chance to come to a decision on it. The difficulty of achieving legislative change - or rather, the ease with which legislative change can be resisted - undermines the effectiveness of both kite-flying and campaigns for legislative change, and tilts the balance away from backbenchers and towards the Government in the choice of bills brought forward. This report considers the various purposes for which private Members' bills may be used; and looks in detail at the reasons for the problems which are inherent in private Member's bill procedures as they currently operate; and puts forward options for reform. It's basis is that reform should have two objects: to increase the transparency of the process; and to ensure that the process is a genuine opportunity for debate, scrutiny and, if it is the will of the House, passage of a backbench legislative proposition
This report follows the Committee's report of September 2013 on private Members' bills. Since then they have received a Government response, which is published as an appendix to this report, and discussed recommendations further with the Leader of the House. This report sets out a revised package of recommendations for reform of the private Member's bill process. The revised proposals include that: the House should agree to a convention that the question on second reading of a private Member's bill should be put to the House at the end of a full day's debate, in the same way that the House expects the question to be put on second reading of a Government bill; Bills which have not been published should be clearly identified in the Future Business section of the Order Paper; Pages should be provided on the Parliamentary website where draft private Members' bills can be made available online for scrutiny and comment which should be done on a pilot basis in the 2014-15 session; a bill need not be brought in immediately after leave is granted under the ten minute rule; the risk of a single Member monopolising the limited opportunities for debate of private Members' bills should be reduced by providing that a private Member may present no more than one bill on any one day; the deadline for publishing a private Member's bill should be brought forward to the Wednesday of the week prior to the day of second reading; Private Members' bills should be called "backbench bills"
Bringing together a vibrant group of parliamentary scholars and practitioners, this innovative book questions what parliament should be in the 21st century and how it can be reimagined. to help restore faith in democracy.
This report proposes the repeal of Standing Order no. 163 and its replacement with a revised standing order which gives discretion to the Speaker, or the chair, to allow debate on a motion to sit in private, to put the question forthwith, or to decline to propose the question in the House. The proposal also includes provision for the House to come out of a private sitting and to return to sitting in public
Constitutional and administrative law (Public law) is an essential element of all law degrees. UNLOCKING CONSTITUTIONAL & ADMINISTRATIVE LAW will ensure that you grasp the main concepts with ease, providing you with an indispensable foundation in the subject. This revised third edition is fully up-to-date with the latest key changes in the law. The UNLOCKING THE LAW series is designed specifically to make the law accessible. Each chapter contains: aims and objectives, activities such as self-test questions, key facts charts to consolidate your knowledge diagrams to aid memory and understanding prominently displayed cases and judgments chapter summaries a glossary of legal terminology essay questions with answer plans. The series covers all the core subjects required by the Bar Council and the Law Society for entry onto professional qualifications as well as popular option units. The website www.unlockingthelaw.co.uk provides free resources such as multiple choice questions and updates to the law.
As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.
8 February 2015 marked the 200th anniversary of the birth of Thomas Erskine May. May is the most famous of the fifty holders of the office of Clerk of the House of Commons. His continued renown arises from his Treatise upon the Law, Privileges, Proceedings and Usage of Parliament, first published in 1844 and with its 25th edition currently in preparation. It is known throughout those parts of the world that model their constitutional arrangements on Westminster as the 'Bible of Parliamentary Procedure'. This volume celebrates both the man and his book. Bringing together current and former Clerks in the House of Commons and outside experts, the contributors analyse May's profound contribution to the shaping of the modern House of Commons, as it made the transition from the pre-Reform Act House to the modern core of the UK's constitutional democracy in his lifetime. This is perhaps best symbolised by its enforced transition between 1834 and 1851 from a mediaeval slum to the World Heritage Palace of Westminster, which is the most iconic building in the UK. The book also considers the wider context of parliamentary law and procedure, both before and after May's time. It constitutes the first sustained analysis of the development of parliamentary procedure in over half a century, attempting to situate the reforms in the way the central institution of our democracy conducts itself in the political contexts which drove those changes.
A fresh perspective on an ancient institution; Exploring Parliament offers an engaging and real-life insight into the inner workings, impact, and relevance of twenty-first century Parliament. Short academic and practitioner chapters are combined with highly relevant and practical case studies, to provide a new and accessible introduction to Parliament's structures, people, and practices. As well as covering the broader structure of UK Parliament, this text explains the role of small parties in law making, the design and space of Parliament, and offers illuminating case studies on highly topical areas such as the Backbench Business Committee, the Hillsborough Inquiry and recent pieces of legislation such as the Assisted Dying Bill. This text is complemented by the following online resources for students and lecturers: - Video tours of Parliament - Podcasts to explain and explore the work of Parliament - Web links to help students to explore Parliament even further