The prerogative powers of ministers include some of the most important functions of government, such as decisions on armed conflict and the conclusion of international treaties. This report describes how such powers have come to be delegated. It also concludes that they should be more closely regulated. It proposes that the government should prepare a list of all prerogative powers, which would be considered by a parliamentary committee. Appropriate legislation, with any required statutory safeguards, would then be put into place. A draft Bill is appended to the report.
This White Paper contains a three volume set of documents (Cm. 7342-I/II/III, ISBN 9780101734226) and is part of the Governance of Britain series examining constitutional renewal. In July 2007, the Governance of Britain Green Paper was published (ISBN 9780101717021) which set out the Government's vision and proposals for constitutional renewal, calling on the public, Parliament and other organisations to submit views. The result of the consultation is the publication of this White Paper. Volume 1 covers the substantive issues of constitutional renewal, including: the Government's policy proposals; the Attorney General; judicial appointments; treaties; the civil service; war powers; flag flying and other policies, such as the reform of the Intelligence and Security Committee; a wider review of the Royal Perogative; passports; the National Audit Office; public appointments and Church of England appointments. Volume 2, presents the draft Constitutional Renewal Bill, with Volume 3, setting out an analysis of the consultations. For specific publications on a number of the issues examined here, see Cm. 7239, War Powers & Treaties - ISBN 9780101723923; Cm. 7210, Judicial Appointments, ISBN 9780101721028; Cm. 7192, Role of the Attorney General, ISBN 9780101719223.
Collaborations of physicians and researchers with industry can provide valuable benefits to society, particularly in the translation of basic scientific discoveries to new therapies and products. Recent reports and news stories have, however, documented disturbing examples of relationships and practices that put at risk the integrity of medical research, the objectivity of professional education, the quality of patient care, the soundness of clinical practice guidelines, and the public's trust in medicine. Conflict of Interest in Medical Research, Education, and Practice provides a comprehensive look at conflict of interest in medicine. It offers principles to inform the design of policies to identify, limit, and manage conflicts of interest without damaging constructive collaboration with industry. It calls for both short-term actions and long-term commitments by institutions and individuals, including leaders of academic medical centers, professional societies, patient advocacy groups, government agencies, and drug, device, and pharmaceutical companies. Failure of the medical community to take convincing action on conflicts of interest invites additional legislative or regulatory measures that may be overly broad or unduly burdensome. Conflict of Interest in Medical Research, Education, and Practice makes several recommendations for strengthening conflict of interest policies and curbing relationships that create risks with little benefit. The book will serve as an invaluable resource for individuals and organizations committed to high ethical standards in all realms of medicine.
In most countries, parliament has the constitutional mandate to both oversee and hold government to account. In light of the increased focus on good governance, academics and legislative strengthening practitioners are re-examining parliament's oversight function with a view to increasing public financial accountability, curbing corruption, and contributing to poverty reduction. This volume brings together research from many different perspectives and many different legislative settings worldwide. As the country case studies in section III demonstrate, the accountability mechanisms or oversight tools available to the legislature vary based on constitutionally defined powers of the legislature, institutional arrangements between the branches of government, divisions of authority between national, regional, and local governments, the degree of legitimacy conferred on the legislature, and the resources available to it. The budget process provides critical opportunities. Section II of this volume is devoted to examining budget oversight from the formulation and approval of the budget, to implementation and the ex post examination of the public accounts. Special attention is also paid to mechanisms to assist parliaments such as Public Accounts Committees and independent parliamentary budget offices. This title will be of interest to parliamentarians and parliamentary staff, legislative strengthening practitioners, and students of legislative development.
With Respect is an important and practical book about the people involved at the heart of government in New Zealand. It covers history, constitutional principles and the law, but it is mostly about people and the roles they play. Recent events in New Zealand are used to illustrate the key issues. The examples include court cases, parliamentary inquiries and debates. Subjects range from the high drama of military deployments to the day-to-day business of parliamentary expenses. Events are brought to life with a combination of wisdom and wit, to give a clear picture of how government really works. With Respect is an invaluable resource for parliamentarians, public servants and students of politics, public law, public policy and public management.
This report of the President's Commission on Law Enforcement and Administration of Justice -- established by President Lyndon Johnson on July 23, 1965 -- addresses the causes of crime and delinquency and recommends how to prevent crime and delinquency and improve law enforcement and the administration of criminal justice. In developing its findings and recommendations, the Commission held three national conferences, conducted five national surveys, held hundreds of meetings, and interviewed tens of thousands of individuals. Separate chapters of this report discuss crime in America, juvenile delinquency, the police, the courts, corrections, organized crime, narcotics and drug abuse, drunkenness offenses, gun control, science and technology, and research as an instrument for reform. Significant data were generated by the Commission's National Survey of Criminal Victims, the first of its kind conducted on such a scope. The survey found that not only do Americans experience far more crime than they report to the police, but they talk about crime and the reports of crime engender such fear among citizens that the basic quality of life of many Americans has eroded. The core conclusion of the Commission, however, is that a significant reduction in crime can be achieved if the Commission's recommendations (some 200) are implemented. The recommendations call for a cooperative attack on crime by the Federal Government, the States, the counties, the cities, civic organizations, religious institutions, business groups, and individual citizens. They propose basic changes in the operations of police, schools, prosecutors, employment agencies, defenders, social workers, prisons, housing authorities, and probation and parole officers.
This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.
All the key findings of the public inquiry into the handling of the 2003 Iraq war by the British government led by Tony Blair. Chaired by Sir John Chilcot, the Iraq Inquiry (known as the 'Chilcot Report') tackled: Saddam Hussein's threat to Britainthe legal advice for the invasionintelligence about weapons of mass destruction andplanning for a post-conflict Iraq. This 60,000-word executive summary was published in July 2016. Philippe Sands QC wrote in the London Review of Books: 'It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate.' Published under an Open Government Licence, this book aims to make better known the findings of the Iraq Inquiry, which took seven years to complete at a cost of £10 million. The text, headings, footnotes and any emphasis are exactly those of the original document. Contents Introduction Pre-conflict strategy and planning The UK decision to support US military action Why Iraq? Why now? The UK's relationship with the US Decision-making Advice on the legal basis for military action Weapons of mass destruction Planning for a post-Saddam Hussein Iraq The post-conflict period Occupation Transition Planning for withdrawal Did the UK achieve its objectives in Iraq? Key findings Lessons Timeline of events REVIEWS The Iraq Inquiry, chaired by Sir John Chilcot and composed of five privy councillors, finally published its report on the morning of 6 July, seven years and 21 days after it was established by Gordon Brown with a remit to look at the run-up to the conflict, the conflict itself and the reconstruction, so that we can learn lessons. It offers a long and painful account of an episode that may come to be seen as marking the moment when the UK fell off its global perch, trust in government collapsed and the country turned inward and began to disintegrate. — Philippe Sands, London Review of Books A more productive way to think of the Chilcot report is as a tool to help us set agendas for renewed best efforts in creating more effective and accountable statecraft. Chilcot has confirmed that... we still do not have intelligent long-range planning by the armed forces in close and active cooperation with other government agencies, nor an adequate and integrated system for the collection and evaluation of intelligence information, nor do we have the highest possible quality and stature of personnel to lead us through these challenging times. — Derek B. Miller, The Guardian Although sceptics wondered how much more the very-long-awaited Report of the Iraq Inquiry by a committee chaired by Sir John Chilcot could tell us when it appeared at last in July, it proves to contain a wealth of evidence and acute criticism, the more weighty for its sober tone and for having the imprimatur of the official government publisher. In all, it is a further and devastating indictment not only of Tony Blair personally but of a whole apparatus of state and government, Cabinet, Parliament, armed forces, and, far from least, intelligence agencies. Among its conclusions the report says that there was no imminent threat from Saddam Hussein; that the British chose to join the invasion of Iraq before the peaceful options for disarmament had been exhausted; that military action was not a last resort... — Geoffrey Wheatcroft, The New York Review of Books Ideal for any student of politics, diplomacy, or conflict.
