Law and Rights
Dissolution: A constitutional wash up?
In English history Parliaments were sometimes given names such as the Long Parliament and the Rump Parliament. I wonder what people might call the present Parliament? Maybe, the Expenses Parliament? It was first summoned to meet on 11th May 2005 and,
perhaps to the relief of many, must end by midnight on 10th May 2010. We do not have "fixed term" Parliaments and the maximum period permitted by law is now 5 years. Very soon, the Prime Minister will make a request to H.M. The Queen that Parliament be dissolved. Dissolution is a Royal Prerogative act. [See here].
It is usual to announce the dissolution a few days in advance so that Parliamentary business can be finished. This so-called "
wash up" period is often used to seek agreement with the Opposition as to which legislation can be quickly passed through and it looks like the Constitutional Reform and Governance Bill might get through on this basis. I would hope not since it would enable important constitutional changes to become law without the detailed consideration which they ought to be given.
The White Paper which preceded the Bill contained ideas to reform "war powers" and the role of the Attorney-General. Those major issues are not in the Bill and they seem to have been "kicked into the political long grass" but very important matters remain. The idea that constitutional reform can be nodded through as part of the wash up is perhaps another argument favouring a written constitution which could only be amended following a procedure which is more restrictive than that for ordinary legislation.
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Constitutional Reform ... House Of Lords Inquiry
Recent years have seen a large number of legal reforms which may fairly be described as "constitutional" in nature. Examples include devolution (e.g. Scotland Act 1998); the setting up of the Supreme Court (Constitutional Reform Act 2005) and placing...
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Fixed-term Parliaments Bill ... More Constitutional Tinkering ....
In July 2010, the government introduced a Bill to establish five year fixed term Parliaments - see Fixed-term Parliaments Bill. Is this Bill either desirable or necessary? Under present arrangements, a Parliament has a maximum term of 5 years - Septennial...
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Constitutional Tinkering .... Continues .........
The previous Labour government introduced some major constitutional reforms. These included devolution to Scotland, Wales and Northern Ireland and the Human Rights Act 1998. They set up a Department for Constitutional Affairs (DCA) - which...
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A Proposal Containing Major Difficulties
The new Coalition government has announced that they will legislate for fixed term Parliaments of 5 years. (See here). The rationale for this seems to come from a desire by the parties forming the coalition to lock themselves into a fixed...
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Formal Powers Of The Crown: New Acts Of Parliament: General Election
Tuesday 6th April: Gordon Brown went to Buckingham Palace and asked H.M. The Queen to Dissolve parliament. She duly obliged. A number of Bills were then passed into law as part of the so-called "wash up". Each of those Bills quickly...
Law and Rights