HC 523 - The Future of the Union, Part One: English Votes for English Laws


Book Description

It is highly regrettable that the 1997 Parliament voted to proceed with devolution to Scotland and Wales without proper consideration being given to the well rehearsed West Lothian Question. It was a failure to do so then that has led to the difficulties that the present Government is now seeking to address through EVEL. As devolution from the UK level to Scotland, Wales and Northern Ireland continues to develop, there is a growing body of evidence that suggests an increasing impatience with the constitutional anomalies to which this gives rise in England. This was amplified during the 2015 General Election campaign, in which the Conservatives focused voters' minds on the possibility of SNP MPs holding the balance of power. Of all the potential remedies to the "English Question" that have arisen from devolution, the principle of English Votes for English Laws commands consistent and substantial popular support. Put simply, there appears to be a strong English demand for English Votes for English Laws. As we heard from Professor Wyn Jones,"on balance, [the data suggest] that there is support for the principle of English votes for English laws in Scotland and in Wales." As yet however, we have very little evidence about whether this support extends to the present scheme and its effects. Nor, as is explored later in this Report, does this support extend to any political party in the House of Commons other than the Conservative Party.




Parliament and the Law


Book Description

The third edition of Parliament and the Law presents a timely and valuable resource covering recent developments. Brexit, the #MeToo movement, and the COVID-19 pandemic all presented Parliament with a series of challenges. This edition includes new chapters on Brexit, legislation and scrutiny, the restoration and renewal of the Palace of Westminster treaty scrutiny, votes of confidence and the Fixed Term Parliament Act, and the financing of Parliament. This is a multi-disciplinary work authored by lawyers, political scientists, parliamentary officials, and practitioners and is supported by the Study of Parliament Group (SPG).




Writing the United Kingdom Constitution


Book Description

The purpose of the book is to raise awareness of the uniqueness of the United Kingdom’s unwritten constitution and to make it clear how the devolution of powers to the home nations, begun in 1998, coupled with the trials and tribulations associated with Brexit.




Cases & Materials on Constitutional & Administrative Law


Book Description

Cases & Materials on Constitutional & Administrative Law provides students with a comprehensive selection of legal resources to accompany their studies. Extracts from leading cases, academic works, and political documents are drawn together with incisive author commentary and thought-provoking questions to highlight the historical debates and ongoing development of the subject. The authors take a critical look at the doctrines of constitutional law and the principles of administrative law, showing how the constitution operates in relation to Parliament, the Executive, and the citizen. Online Resource Centre This book is supported by an Online Resource Centre providing a wide range of extra resources to further support students in their studies, including: - Updates in constitutional and administrative law - An extensive range of web links - An interactive timeline of significant public law events throughout history - 'Oxford News Now'- a live feed on topical public law issues, sourced from news websites such as the BBC and Guardian




Public Law Directions


Book Description




HC 793 - Follow up to PHSO Report of an Investigation into a Complaint About HS2 Ltd


Book Description

In November 2015, the PHSO published its report of the results of an investigation into a complaint about High Speed 2 Ltd (HS2 Ltd). The report dealt with a group of six families whose small community faced break-up under Government plans for the new high speed rail network. The report identified a series of failings in communication and engagement and in complaints handling which amounted to "maladministration" in the opinion of the Ombudsman. In response to the Ombudsman's report, HS2 Ltd has apologised and has since made a number of payments to those affected totalling £10,500. Some improvements have been made to how the organisation interacts with the public, and commitments were made, both by the Chief Executive of HS2 Ltd and by the Minister of State for Transport, to take a personal interest in the matter. However, having received a large body of evidence that is highly critical of HS2 Ltd, we remain unconvinced that the necessary fundamental changes have taken place. The continuing existence of a culture of defensive communication and misinformation within a public body, responsible for the delivery of such a large and highly controversial project, is not acceptable. We urge those in senior positions to recognise that this is a matter of primary importance. Unless those responsible for delivering HS2 understand that first and foremost they serve the public, and take action to reflect this, then they will continue to be vulnerable to the criticism that they have disregard for members of the public who are impacted by this large-scale infrastructure project.




Text, Cases and Materials on Public Law and Human Rights


Book Description

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all-encompassing student guide to constitutional, administrative and UK human rights law. This fourth edition provides comprehensive coverage of all recent developments, including the Fixed Term Parliaments Act 2011, restrictions on judicial review (Criminal Justice and Courts Act 2015), changes to judicial appointments (Crime and Courts Act 2013), the 2014 Scottish Independence Referendum, Scotland Act 2016 and draft Wales Bill 2016. Recent devolution cases in the Supreme Court, including Imperial Tobacco (2012) and Asbestos Diseases (2015) are fully analysed, as is the 2015 introduction of English Votes for English Laws. The remarkable Evans (2015) ‘Black Spider memos’ case is considered in a number of chapters. The common law rights resurgence seen in Osborn (2013), BBC (2014) and Kennedy (2014) is analysed in several places, along with other key developments in judicial review such as Keyu (2015) and Pham (2015). Ongoing parliamentary reform in both Lords and Commons, including major advances in controlling prerogative powers, are fully explained, as is the adaptation of the core Executive to Coalition Government (2010-2015). There is comprehensive coverage of key Strasbourg and HRA cases (Horncastle (2010), Nicklinson (2014), Moohan (2014), Carlile (2014)), and those in core areas of freedom of expression, police powers and public order (Animal Defenders (2013), Beghal (2015), Roberts (2015), Miranda (2016)) and the prisoners’ voting rights saga, up to Chester (2015).




The Oxford Handbook of Scottish Politics


Book Description

The Handbook of Scottish Politics provides a detailed overview of politics in Scotland, looking at areas such as elections and electoral behaviour, public policy, political parties, and Scotland's relationship with the EU and the wider world. The contributors to this volume are some of the leading experts on politics in Scotland.




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.




Exploring Parliament


Book Description

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