HLP 116 - Delegated Legislation and Parliament: A Response to the Strathclyde Review

HLP 116 - Delegated Legislation and Parliament: A Response to the Strathclyde Review

Author: The Stationery Office

Publisher: The Stationery Office

Published: 2016

Total Pages: 41

ISBN-13: 0108003434

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Following a defeat in the House of Lords on the Draft Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015, the Government asked Lord Strathclyde to examine how the Government might "secure their business in Parliament" and to consider how to ensure "the decisive role of the elected House of Commons in relation to its primacy on financial matters, and secondary legislation". There are indeed serious problems with the current system of delegated legislation that must be addressed. But by tasking Lord Strathclyde to consider the balance of power between the two Houses of Parliament, it seems to us that the Government focused his Review on the wrong questions. It consequently addressed the wrong issues. We believe that the more serious concerns arising from the delegated legislation process are rooted in the relationship between Parliament and the Executive. For that reason our report examines not only the options considered by the Strathclyde Review, but wider issues relating to the delegated legislation process that were outside the remit of that Review. Successive governments have proposed primary legislation containing broad and poorly-defined delegated powers, including Henry VIII powers, that give wide discretion to ministers - often with few indications as to how those powers should be used. This Committee and others have noted a trend whereby delegated legislation has increasingly been used to address issues of policy and principle, rather than to manage administrative and technical changes.


Strathclyde Review

Strathclyde Review

Author: Great Britain. Chancellor of the Duchy of Lancaster

Publisher:

Published: 2015

Total Pages: 27

ISBN-13: 9781474126885

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In October 2015, the Prime Minister commissioned Lord Strathclyde to lead a short review. The review examined how to secure the decisive role of the elected House of Commons in relation to its primacy on financial matters and secondary legislation. Lord Strathclyde’s report lists 3 options for providing the House of Commons with a decisive role on statutory instruments and makes recommendations to the government.


Engaging Citizens in Policy Making

Engaging Citizens in Policy Making

Author: Randma-Liiv, Tiina

Publisher: Edward Elgar Publishing

Published: 2022-02-15

Total Pages: 320

ISBN-13: 1800374364

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This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. Exploring academic and policy thinking on e-participation, this book opens up the organizational and institutional 'black box' and provides new insights into how public administrations in 15 European states have facilitated its implementation.


Reinventing Britain

Reinventing Britain

Author: Andrew McDonald

Publisher: Univ of California Press

Published: 2007-10-30

Total Pages: 272

ISBN-13: 0520098625

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


Wyatt and Dashwood's European Union Law

Wyatt and Dashwood's European Union Law

Author: Alan Dashwood

Publisher: Bloomsbury Publishing

Published: 2011-06-14

Total Pages: 1110

ISBN-13: 1847317669

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First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.


Privacy and injunctions

Privacy and injunctions

Author: Great Britain: Parliament: Joint Committee on Privacy and Injunctions

Publisher: The Stationery Office

Published: 2012-03-27

Total Pages: 108

ISBN-13: 9780108475719

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This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so


Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code

Publisher: sellier. european law publ.

Published: 2008

Total Pages: 406

ISBN-13: 3866530595

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In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.


Parliament and the legislative process

Parliament and the legislative process

Author: Great Britain: Parliament: House of Lords: Select Committee on the Constitution

Publisher: The Stationery Office

Published: 2004

Total Pages: 198

ISBN-13: 9780104005408

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Parliament and the legislative Process : 14th report of session 2003-04, Vol. 2: Evidence