Constitutional Conventions in Westminster Systems


Book Description

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.




The English Question


Book Description

This work asks whether England needs to find its own political voice, following devolution to Scotland and Wales. It explains the different formulations of the 'English question', and sets the answers in a historical and constitutional context.




The New British Constitution


Book Description

The last decade has seen radical changes in the way we are governed. Reforms such as the Human Rights Act and devolution have led to the replacement of one constitutional order by another. This book is the first to describe and analyse Britain's new constitution, asking why it was that the old system, seemingly hallowed by time, came under challenge, and why it is being replaced. The Human Rights Act and the devolution legislation have the character of fundamental law. They in practice limit the rights of Westminster as a sovereign parliament, and establish a constitution which is quasi-federal in nature. The old constitution emphasised the sovereignty of Parliament. The new constitution, by contrast, emphasises the separation of powers, both territorially and at the centre of government. The aim of constitutional reformers has been to improve the quality of government. But the main weakness of the new constitution is that it does little to secure more popular involvement in politics. We are in the process of becoming a constitutional state, but not a popular constitutional state. The next phase of constitutional reform, therefore, is likely to involve the creation of new forms of democratic engagement, so that our constitutional forms come to be more congruent with the social and political forces of the age. The end-point of this piecemeal process might well be a fully codified or written constitution which declares that power stems not from the Queen-in Parliament, but, instead, as in so many constitutions, from `We, the People'. The old British constitution was analysed by Bagehot and Dicey. In this book Vernon Bogdanor charts the significance of what is coming to replace it. The expenses scandal shows up grave defects in the British constitution. Vernon Bogdanor shows how the constitution can be reformed and the political system opened up in`The New British Constitution'.







Do We Need a Constitutional Convention for the UK?


Book Description

The ability of the foundations and rules of the UK to evolve and in doing so adapt to changing circumstances has been a great strength. England, despite being home to 83% of the population of the UK, is yet to join the other nations of the Union in having effective devolution. Outside London, most decisions about England are still taken centrally by the UK Parliament though many decisions in the devolved parts of the Union are also taken centrally in the sense that they are made by the devolved Administrations and Legislatures for the whole of that part of the Union. 'Prospects for codifying the relationship between central and local government' (HC 656-I, ISBN 9780215052544) outlined a way in which devolution for England could be taken forward using local councils as the vehicle. Among the options is a national forum, or pre-convention, for England to discuss the most appropriate method to address the English Question. A strong, lasting democratic settlement for the UK must be built upon two principles: those of devolution and union. That is to say, a broad acceptance of the role and powers of the Union, allied to a respect for different but agreed forms of devolution for the nations that make up the Union. The development of bespoke devolution, rather than one size fits all, is welcomed but the more this is within a context of an agreed role for the UK, the more sustainable the settlement will be







A Claim of Right for Scotland


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Constitution


Book Description




The UK's Changing Democracy


Book Description

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.




Reinventing Britain


Book Description

"First [originally] published in Great Britain in 2007 by Politico's Publishing ..."--Title page verso.