Recall of MPs draft bill


Book Description

The public will be given the right to recall their local MP if they are found to have engaged in serious wrongdoing under proposals announced in "Recall of MPs Draft Bill " ( ISBN 9780101824125, Cm.8241) published today. The proposals fulfil a commitment made in the Programme for Government as part of the political reform agenda. In the draft Bill, the Government is proposing to introduce a power of recall, allowing voters to force a by-election having had a petition signed by 10% of his or her constituents. At the last general election the manifestos of all three of the main parties included a commitment to establish a recall mechanism. The draft Bill is being published for pre-legislative scrutiny and sets out two triggers for a recall petition: firstly where an MP is convicted in the UK of an offence and receives a custodial sentence of 12 months or less, and secondly where the House of Commons resolves, through a vote by MPs, that a recall petition should be opened. The first trigger will close a gap in the existing legislation whereby MPs are only disqualified if they receive a custodial sentence of more than 12 months. The second trigger is an additional disciplinary power for the House of Commons, which for the first time allows constituents to have their say in deciding whether their MP should stay in office. The petition will be administered by the local returning officer and will be open for a period of 8 weeks. If 10% of eligible constituents sign the petition, the MP's seat will be vacated and a by-election will be held.




Recall of MPs


Book Description

The Government published a draft Bill on the Recall of MPs, with the aim of restoring faith in the political process after the expenses scandal. But the restricted form of recall proposed could reduce public confidence in politics by creating expectations that are not fulfilled. Under the Government's proposals, constituents themselves would not be able to initiate a recall petition. Furthermore, the circumstances that the Government proposes would trigger a recall petition are so narrow that recall petitions would seldom, if ever, take place. The Committee believes that the new House of Commons Committee on Standards, which will include lay members, already has the sanctions it needs to deal with MPs who are guilty of misconduct, including recommending the ultimate sanction of expulsion from the House of Commons in cases of serious wrongdoing. The Committee argues that the option of expulsion must be actively considered and that the House must be prepared to act. The Committee recommends: that the Government replace the requirement for a single designated location for signing the recall petition with a requirement for multiple locations; that people with an existing postal vote should automatically be sent a postal signature sheet in the event of a recall petition; that constituents in Northern Ireland should have the same options for signing a recall petition as constituents elsewhere in the UK, rather than being restricted to signing by post




Draft House of Lords Reform Bill


Book Description

The history of reform of the House of Lords has a long history since the Parliament Act 1911, and since the House of Lords Act 1999 removed the right of all but 92 hereditary peers to sit in the Lords, there has been a number of initiatives to further the debate on reform. The latest proposals are contained in the draft Bill (Cm. 8077, ISBN 9780101807722) published in May 2011, which was referred to the Joint Committee. In this report the Joint Committee acknowledges the controversial aspects of certain of the proposals and the members of the Committee reflect wider differences of opinion, many of the report's recommendations being decided by a majority. The majority supports the need for an electoral mandate, provided the House has commensurate powers. The current functions and role would continue, but the House would probably seek to be more assertive, to an extent that cannot be predicted. The Committee recommends a House of 450 members, 80% elected on a system of Single Transferable Voting (preferably that used in New South Wales, not the one proposed in the Bill) for a 15 year term. The main sections of the report cover: functions, role, primacy of the Commons and conventions; electoral system, size, voting system and constituencies; appointments, bishops and ministers; transition, salaries, IPSA, disqualification. The Committee recommends that, in view of the significance of the constitutional change, the Government should submit the decision to a referendum.




Parliamentary Elections, Representation and the Law


Book Description

Parliamentary elections are the foundation of the democratic State, providing legitimacy to government and an opportunity for citizens to participate in the democratic process. But despite the crucial role of elections in government and society, the law governing them is fragmented, both conceptually and in terms of the legal framework. This book examines each stage of the electoral process from the perspective of the candidate seeking to become an MP: eligibility and qualification, the candidate selection process, nominations, disputed elections and then, lastly, disqualification or exit from the House of Commons. Each stage of the process is considered in light of developments in political practice and human rights jurisprudence, and an argument is made for the rethinking and reform of the law of parliamentary candidacy and membership. The book takes into account the reforms ushered in by the parliamentary expenses scandal of 2009, and also looks to the new electoral era that may eventuate under the Liberal Democrat-Conservative Coalition Government.




Public Law


Book Description

'Public Law' is an introductory textbook that offers a mixture of black letter law and political analysis to give students an excellent grounding in the subject. It covers all of the key topics on undergraduate courses and includes a number of pedagogical features to aid understanding.




Parliament and the Law


Book Description

Parliament and the Law (Second Edition) is an edited collection of essays, supported by the UK's Study of Parliament Group, including contributions by leading constitutional lawyers, political scientists and parliamentary officials. It provides a wide-ranging overview of the ways in which the law applies to, and impacts upon, the UK Parliament, and it considers how recent changes to the UK's constitutional arrangements have affected Parliament as an institution. It includes authoritative discussion of a number of issues of topical concern, such as: the operation of parliamentary privilege, the powers of Parliament's select committees, parliamentary scrutiny, devolution, English Votes for English Laws, Members' conduct and the governance of both Houses. It also contains chapters on financial scrutiny, parliamentary sovereignty, Parliament and human rights, and the administration of justice. Aimed mainly at legal academics, practitioners, and political scientists, it will also be of interest to anyone who is curious about the many fascinating ways in which the law interacts with and influences the work, the constitutional status and the procedural arrangements of the Westminster Parliament.




Democratic Incongruities


Book Description

Clear disparities exist between notions of representative democracy and political practice in Britain. Alternative models of democracy, however, have their own incongruities in trying to marry representation and democracy. This book analyses the mismatches in democratic theories and between theory and practice in British representative democracy.




Parliament in British Politics


Book Description

This fully revised new edition includes expanded coverage of Parliament's relationship with the courts, devolved assemblies and the European Union. Distinctively, the book goes beyond the usual focus of Parliament-Government relations to encompass policy-makers beyond Whitehall and Parliament's broader relationship with citizens.




Select Committee Effectiveness, Resources and Powers


Book Description

Drawing on reports from committees, evidence from outside observers and academic research, this report concludes that two years after the general election and the Wright reforms, the evidence is "broadly encouraging" - although committees face some obstacles and there is room for improvement. The "old doctrine by which ministers alone are accountable to Parliament for the conduct of their department is being stretched to implausibility and there is a need for a changed approach. It recommends that the Government engage with the Liaison Committee in a review of the relationship between Government and select committees with the aim of producing joint guidelines for departments and committees, which recognise ministerial accountability, the proper role of the Civil Service and the legitimate wish of Parliament for more effective accountability. The report also makes numerous recommendations for Committees, including: that they be forward-looking in scrutiny of departmental performance, devoting less effort to raking over the coals of past events unless there are lessons to be learnt; give more attention to the financial implications of departmental policy and how departments assess the effectiveness of their spending; experiment with different approaches to evidence-taking, broaden the range of witnesses, and make more use of commissioned research; follow up recommendations to ensure that reports have impact and report to the House at least once each Session on what has been done The Committee intends to ask the Backbench Business Committee for time for a debate in the House of Commons on a motion endorsing its conclusions and recommendations




Unlocking Constitutional and Administrative Law


Book Description

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.