Parliaments and Representation

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1 University Press Scholarship Online You are looking at 1-10 of 55 items for: keywords : parliamentary sovereignty Parliaments and Representation R. A. W. Rhodes, John Wanna, and Patrick Weller in Comparing Westminster September 2009 ISBN: eisbn: acprof:oso/ This chapter explores the dilemmas facing parliaments, especially their relations with the executive, and the changing patterns of representation. It focuses on five topics: the limits to parliamentary sovereignty, scrutiny of the executive; the role of the opposition; changing patterns of representation; and the impact of territorial representation, notably federalism. There is a recurrent dilemma between whether parliament has fallen into decline with the rise of party government or whether it is better seen as a theatre of action, located in a web of political actors, not just elected representatives. Although parliaments have been shaped by party discipline and had their unqualified sovereignty challenged by rival sources of power, they remain central to responsible and representative government in Westminster. Sovereignty and the Law: Domestic, European and International Perspectives Richard Rawlings, Peter Leyland, and Alison Young (eds) Published in print: 2013 Published Online: January 2014 ISBN: eisbn: Item type: book acprof:oso/ Sovereignty is a topic which is both of enduring interest and often hotly contested in the literature. This collection of essays builds on contemporary debates by taking up and exploring the theoretical and practical implications of current challenges to established doctrines at domestic, European, and international level. Sovereignty is therefore approached in a non-compartmentalized way, so viewing it as neither a purely domestic/internal concept nor a wholly international/external Page 1 of 6

2 one.grounded firmly in the disciplines of law, the collection explores the twin elements of continuity and change in conceptions of sovereignty in recent times. Individual chapters, by leading writers, examine a series of cross cutting themes including: whether sovereignty is in transition, has been revised, or has remained the same; contemporary challenges to the distinctive constitutional tradition of Parliamentary sovereignty; territorial government and popular sovereignty; sovereignty, constitutional dialogue, and human rights; judicial capacities to place new constraints on sovereign power; contested conceptions of sovereignty issues in the EU; jurisdictional limits placed on sovereignty as part of the international order; the concept of territorial extension as a challenge to territorial sovereignty; and transnational challenges to states from multi-national enterprise and the global revolution in communications. At a time of very great testing of the institutional frameworks at every level, the book illuminates the enduring strength of sovereignty as a foundational concept and the continuing widespread appeal of sovereignty as an idea. The Contradictions of Professor Dicey Iain Mclean in What's Wrong with the British Constitution? February 2010 ISBN: eisbn: acprof:oso/ Dicey's abandonment of parliamentary sovereignty and the rule of law. His partial rediscovery of them The United Kingdom: Still a Single Chain of Command? The Hollowing Out of the Westminster Mode l Thomas Saalfeld in Delegation and Accountability in Parliamentary Democracies Published in print: 2003 Published Online: January 2005 ISBN: eisbn: X The core of the Westminster chain of democratic delegation and accountability has remained tremendously stable in a country whose economic and political institutions have undergone considerable change since As a result of the electoral system, the voters aggregate choice, mediated by disciplined political parties, continues to have a very direct impact on the selection of the government of the day. Normatively, Page 2 of 6

3 this may justify the fact that government, as the agent of Parliament and the electorate, faces few domestic political constraints. However, outside the core of the chain, British government has witnessed major changes in voting behaviour, the nature of government, and executive accountability. Comparative Political Science and the British Irish Agreement Brendan O'Leary in Northern Ireland and the Divided World: Post-Agreement Northern Ireland in Comparative Perspective Published in print: 2001 Published Online: November 2003 ISBN: eisbn: The chapter defends the Northern Ireland Agreement's consociational institutions. It notes that the Agreement also contains federal and confederal institutions covering all of Ireland and linking Ireland with Britain, and argues that both the internal and external dimensions were necessary parts of a durable settlement given the identities and aspirations of nationalists and unionists. The chapter stresses, in contrast to positions taken by Arend Lijphart and Donald Horowitz, the advantages of the particular proportional electoral system used in Northern Ireland. It also points to the dangers that Britain's tradition of parliamentary sovereignty poses to stable agreements between Britain and Ireland. Northern Ireland, the author argues, could and should have become a federacy as well as having consociational governance. The Rule of Law and Our Changing Constitution 1 Anthony Clarke and John Sorabji in Tom Bingham and the Transformation of the Law: A Liber Amicorum September 2009 ISBN: eisbn: acprof:oso/ This chapter deals with the Constitutional Reform Act 2005 and how it reformed the office of Lord Chancellor, removing both the Lord Chancellor's judicial role and his role as Speaker of the House of Lords. It created an independent Judicial Appointments Commission, and provided for the introduction of the formal legal, as opposed to constitutional, separation of the judicial and legislative functions of the House of Lords. Page 3 of 6

4 The chapter analyses the further impact of these reform in changing the UK constitutional framework. The House of Commons1 Paul Seaward and Paul Silk in The British Constitution in the Twentieth Century Published in print: 2004 Published Online: January 2012 ISBN: eisbn: Publisher: British Academy DOI: /bacad/ This chapter examines the history of the House of Commons in Great Britain, discussing the nineteenth- and twentieth-century legacy of the House of Commons. It reveals that, by the end of the twentieth century, the prestige and pre-eminence which Parliament possessed at its beginning was clearly no more. The first signs of a retreat from the principle of parliamentary sovereignty was the passage of the European Communities Act and the Factortame case. We the People Iain Mclean in What's Wrong with the British Constitution? February 2010 ISBN: eisbn: acprof:oso/ Summary of previous discussion. Can Diceyanism be revived without Dicey? The case for Parliamentary sovereignty but that must entail an elected Parliament. The case for counter majoritarianism. Strong entrenchment of EU law. Justified on pragmatic, not democratic, grounds. EU polices supranational public goods and bads, and therefore needs some supranational powers. Weak entrenchment of human rights law: the model for entrenchment of other constitutional laws. What is a constitutional statute? the list in Thoburn. Discrete and insular minorities. Origin of the phrase in the United States; its applicability in United Kingdom. Comity between courts and parliament. How we the people of the United Republic might ordain to ourselves a constitution. Page 4 of 6

5 The United Kingdom as a Union State Iain Mclean and Alistair McMillan in State of the Union Published in print: 2005 Published Online: February 2006 ISBN: eisbn: Page 5 of The UK is not a unitary state because it depends on two constitutional contracts the Acts of Union of 1707 and Therefore, UK Unionism is not like, for instance, French Jacobinism. The 1707 Acts are still in force. Although most of Ireland left the UK in 1921, the 1800 Act has profoundly affected UK politics. Northern Ireland is the relic of the 1800 Act. Neither is the UK a federal state. Scotland and Northern Ireland do not have powers comparable to an American or an Australian state. Therefore, UK Unionism is not like Australian anti-federalism. When there have been subordinate parliaments (Northern Ireland and intermittently since 1999; Scotland and Wales since 1999), the supremacy of Westminster has been asserted by statute. There is a severe tension between the Diceyan concept of parliamentary sovereignty. Northern Ireland is a federacy, i.e., a self-governing unit whose constitution must not be unilaterally altered by the UK government. As England is the overwhelmingly dominant partner in the union state, English scholars, like the English population in general, have often been insensitive to these nuances. It is tempting to see England as simply the colonial oppressor of its three neighbours, getting by force the security or the economic advantage that it could not get by agreement. This picture fits Ireland reasonably well, Wales less well, and Scotland hardly at all. Even Ireland has always contained a substantial proportion of Unionists. Introduction Iain McLean in What's Wrong with the British Constitution? February 2010 ISBN: eisbn: acprof:oso/ The context of the problem. Doctrine of parliamentary sovereignty defined by A. V. Dicey. But Dicey did not believe in it when he really disapproved of something Parliament had done. The Scottish problem: 1707 was a treaty not a takeover. Public lawyers' and political scientists' approaches are contrasted.

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