This title was first published in 2001: In this compelling work, Matthew Flinders examines how far alternative forms of accountability have evolved and the extent to which they remedy the current shortcomings of the parliamentary system. Adopting a pluralistic perspective, this exploration of the accountability of the core executive is clearly grounded in research methodology, thus ensuring the book makes a valid, incisive contribution to the literature. Features include: - A detailed study of the location of power and mechanisms of accountability in modern government which challenges the largely prosaic existing literature - Useful summaries of the key tensions and trends within constitutional infrastructure - A new and refreshing approach to the study of central government - Insightful critiques of major governmental policies This intriguing volume will be of interest to undergraduates, post-graduates and lecturers for courses on legislative studies, central government reform, public administration, British politics and research methods.
As a critical, in-depth analysis of the law-making process, this book has no equal. It deals with all the stages and forms of law-making: - the preparation of legislation; - its passage through Parliament; - statutory interpretation; - the operation of the rules of precedent in judicial decision-making; - the many facets of judicial law-making; - the machinery of law reform. The new eighth edition covers the operation of EU law in the UK after Brexit. It also covers pre-Brexit events such as the unprecedented legislation by backbench MPs to stop a No Deal Exit from the EU and the two great Supreme Court decisions over the triggering of Brexit and the prorogation of Parliament. The books draws on a wide range of sources including important new empirical research such as Lord Sumption's 2019 Reith lectures (Trials of the State – Law and the Decline of Politics) and the work of Sir Geoffrey Palmer, former Prime Minister and Justice Minister of New Zealand on The Law Reform Enterprise. There are new sections on the attempt to control the size of the House of Lords, on whether Parliament should have a role in the selection of senior judges and on the topical question whether decisions of the courts on constitutional questions are 'legal' or 'political'.
The Labour government elected in 1997 pledged to reform the Westminster parliament by modernising the House of Commons and removing the hereditary peers from the House of Lords. Events have consequently demonstrated the deep controversy that accompanies such attempts at institutional reconfiguration, and have highlighted the shifting fault lines in executive-legislative relations in the UK, as well as the deep complexities surrounding British constitutional politics. The story of parliamentary reform is about the nature of the British political system, about how the government seeks to expand its control over parliament, and about how parliament discharges its duty to scrutinise the executive and hold it to account. This book, available in paperback for the first time, charts the course of Westminster reform since 1997, but does so by placing it in the context of parliamentary reform pursued in the past, and thus adopts a historical perspective which lends it considerable analytical value. Significantly, the book examines parliamentary reform through the lens of institutional theory, in order not only to describe reform but also to interpret and explain it. It also draws on extensive interviews conducted with MPs and peers involved in the reform of parliament since 1997, thus offering a unique insight into how these political actors perceived the reform process in which they played a part. Parliamentary reform at Westminster, now available in paperback, provides a comprehensive and authoritative analysis of the trajectory and outcome of the reform of parliament, along with an incisive interpretation of the implications for our understanding of British politics.
The years since New Labour came to power in 1997 have seen changes to the British institutions of political power on an unprecedented scale. The reforms have been widespread, ranging from devolution of power in Scotland, Wales and Northern Ireland, to the reform of the House of Lords and the changing role of the Monarchy. This book is the first to examine these changes collectively and in detail, placing each in its historical context, analysing problems, solutions and what the future holds for this ambitious period of reforms. The book is comprehensive in coverage, and accessibly written. As such it should be the ideal resource for undergraduate students of British Politics seeking to make sense of this complex subject.
The Judicial Appointments Commission (JAC) is a non-departmental public body sponsored by the Ministry of Justice. The JAC was created in April 2006 following provisions in the Constitutional Reform Act 2005. The JAC was intended to ensure independence and transparency in the judicial appointments process by making recommendations to the Lord Chancellor based on fair and open competition. The JAC makes recommendations for all judicial post-holders except lay magistrates and supreme court judges. The Ministry of Justice informed the Committee on 10 January that the Secretary of State's preferred candidate for the Chair of the Judicial Appointments Commission was Christopher Stephens. The Committee endorses Mr Stephens' suitability for the position of Chair of the Judicial Appointments Commission. It thought that Mr Stephens' experience in the commercial sector was particularly relevant to ensuring that the JAC is an efficient organisation. It also values his experience in making appointments in the civil service but welcome his recognition that judicial appointments have special and different requirements.
The chairmanship of the Office for Legal Complaints is one of the posts which are subject to (non-binding) pre-appointment scrutiny by select committees. Elizabeth France was recruited to the position on 10 October 2008, and the Justice Committee took oral evidence from her on 21 October. The Committee considered Ms France's competencies relevant to the role, her experience and proposed strategies for meeting the key challenges and objectives of the new position. The Committee is entirely satisfied that Elizabeth France meets the criteria necessary for the role of chair for the Office for Legal Complaints.
The Impact of Legislatures brings together key articles and path-breaking scholarship published in The Journal of Legislative Studies during its first 25 years of publication, enabling the reader to make sense of the impact of legislatures in the modern world. Encompassing theory, comparative analysis, and county-based empirical studies, the volume examines the impact of legislatures as the key representative institutions of nations, addressing their relationships both to government and to the people. Legislatures are ubiquitous. They provide legitimacy to measures of public policy and to government. As such, they are key to how a nation is governed. But they do much more than confer legitimacy. They are generally multi-functional and functionally adaptable bodies, and are an essential link between citizen and government. However, scholarship on them has not been extensive and has often been descriptive and country- specific, limiting the capacity to make sense of them as a particular species of institution. The chapters in this volume reflect scholarship that helps the reader appreciate the significance of the place and consequences of legislatures, examining not only the relationship between the legislature and the executive, but also the oft-neglected relationship between legislatures and the people. Reflecting the growing body of research in the field of legislative studies, carried by The Journal of Legislative Studies since its inception in 1995, The Impact of Legislatures is essential reading for anyone wishing to understand the impact of legislatures in the world today.
Parliamentary government's continuity is rooted in enduring principles such as citizen representation and accountability to the legislature. But parliamentary systems have evolved in response to changes in the societies they govern and in citizens' views about democratic practices. In this title, the authors demonstrate how, in their respective countries, parliamentary governments have combined stability with the capacity to adapt to such changes. They provide analyses of reforms to parliamentary institutions and governance in Canada, the United Kingdom, Australia, New Zealand, and South Africa. The authors address issues of representation - the move to a proportional electoral system in New Zealand, the unsuccessful attempt to establish a domestic head of state in Australia, and the reform of the British House of Lords - and demonstrate that citizens increasingly want legislative institutions to more closely reflect the societies they serve. To discuss responsiveness, the governance of indigenous communities and their place within the broader society in Canada and New Zealand are examined.
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.