The Governments Response To The Report Of The Joint Committee On The Draft Civil Contingencies Bill
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Author | : Great Britain: Parliament: House of Lords: Select Committee on the Constitution |
Publisher | : The Stationery Office |
Total Pages | : 68 |
Release | : 2004 |
Genre | : Political Science |
ISBN | : 9780104005415 |
The Committees report examines parliamentary scrutiny of legislation, focusing on the process for dealing with primary legislation (i.e. the scrutiny of parliamentary bills). This examination is carried out in the light of the Rippon Commission report on the topic (Making the Law produced by the Hansard Society Commission on the Legislative Process) which was published in 1992. Topics discussed include the mechanisms for pre-legislative and post-legislative scrutiny, the growth of legislation, the dissemination of information and ways of gauging public opinion through consultation. Conclusions drawn by the Committee include concern over the growth in the number and complexity of bills being presented to Parliament without adequate expansion in the capacity to deliver effective scrutiny. The report contains a number of proposals designed to help engender a culture shift away from this unsustainable volume of legislation, towards a culture of justification which encourages government to adopt a more disciplined approach to the introduction of bills based on the objective of effectiveness rather than quantity.
Author | : Antonios Emmanouil Kouroutakis |
Publisher | : Routledge |
Total Pages | : 262 |
Release | : 2016-10-04 |
Genre | : Law |
ISBN | : 1315454319 |
In recent years, sunset clauses have mostly been associated with emergency legislation introduced in the wake of terrorist attacks. However, as this book demonstrates, they have a long history and a substantial constitutional impact on the separation of powers and the rule of law. In addition, the constitutional value of such clauses is examined from certain neglected normative aspects pertaining to concepts such as deliberative and consensus democracy, parliamentary sovereignty and constitutional dialogue. The work is an amalgam of three perspectives: the historical, the positive and the normative. All three are intertwined and each subsequent part builds upon the findings of the previous one. The historical perspective investigates the historical development of sunset clauses since the first Parliaments in England. The positive perspective examines the legal effect and the contemporary utility of sunset clauses. Finally, the normative perspective analyses their interaction with several models of separation of powers, and their influence on the dialogue between various institutions as it values their impact on the rule of law, formal and substantive. The detailed examination of this topical subject will be a valuable resource for academics, researchers and policy makers.
Author | : Paul Wilkinson |
Publisher | : Routledge |
Total Pages | : 432 |
Release | : 2007-06-18 |
Genre | : History |
ISBN | : 1134176090 |
This book is a detailed examination of whether domestic security measures are striking an appropriate balance between homeland security and civil liberties in the post-9/11 era. Professor Paul Wilkinson and the other contributors assess the nature of UK responses to terrorism by key public and private-sector bodies, highlighting how these organizations can prevent, pre-empt, counter and manage terrorist attacks by using a matrix of factors such as types of terrorist networks, tactics and targets. The volume also compares and contrasts the UK's response with cognate states elsewhere in the EU and with the USA. While improved intelligence has helped prevent a major Al Qaeda attack, the authors conclude that there is still a ‘major question mark’ over whether the country is adequately resourced to deal with an emergency situation, particularly in major cities other than London. The book also confirms that while the UK faces a ‘real and serious’ threat of terrorist attack by Al Qaeda, it is better prepared for an attack than other EU member states. Homeland Security in the UK will be essential reading for all students of terrorism studies, security studies and politics, as well as by professional practitioners and well-informed general readers.
Author | : Andrew W. Neal |
Publisher | : Routledge |
Total Pages | : 368 |
Release | : 2009-10-16 |
Genre | : History |
ISBN | : 1135268673 |
This book is an analysis and critique of the concepts of ‘exception’ and ‘exceptionalism’ in the context of the politics of liberty and security in the so-called ‘War on Terror’. Since the destruction of the World Trade Centre on September 11th 2001, a notable transformation has occurred in political discourse and practice. Politicians and commentators have frequently made the argument that the rules of the game have changed, that this is a new kind of war, and that exceptional times require exceptional measures. Under this discourse of exceptionalism, an array of measures have been put into practice, such as detention without trial, ‘extraordinary rendition’, derogations from human rights law, sanction or connivance in torture, the curtailment of civil liberties, and aggressive war against international law. Situating exceptionalism within the post-9/11 controversy about the relationship between liberty and security, this book argues that the problem of exceptionalism emerges from the limits and paradoxes of liberal democracy itself. It is a commentary and critique of both contemporary practices of exceptionalism and the critical debate that has formed in response. Through a detailed assessment of the key theoretical contributions to the debate, this book develops exceptionalism as a critical tool. It also engages with the problem of exceptionalism as a discursive claim, as a strategy, as a concept, as a theoretical problem and as a practice. This is the first book to capture the importance of the exceptionalism debate in a single volume, and will be of much interest to students of critical security studies, political philosophy, IR theory and sociology.
Author | : P. Giddings |
Publisher | : Springer |
Total Pages | : 290 |
Release | : 2005-08-31 |
Genre | : Political Science |
ISBN | : 0230523145 |
How has Parliament changed since 1964 and how must it further evolve to meet the challenges of a new century in the light of devolution, a growing European Union and a post-modern culture? This collection of authoritative and lively essays to mark the fortieth anniversary of the Study of Parliament Group covers topics such as scrutinising the Government, making laws, guarding the citizenry, the new media and adapting to the world beyond Westminster.
Author | : Great Britain: Parliament: House of Lords: Select Committee on the Constitution |
Publisher | : The Stationery Office |
Total Pages | : 192 |
Release | : 2009-07-10 |
Genre | : Political Science |
ISBN | : 9780108444579 |
Fast-track Legislation : Constitutional implications and safeguards, 15th report of session 2008-09, Vol. 2: Evidence
Author | : Clive Walker |
Publisher | : Oxford University Press, USA |
Total Pages | : 432 |
Release | : 2006 |
Genre | : Law |
ISBN | : |
Recent disturbing events, namely: the fuel strikes of 2000; the catastrophic terrorist attacks of 2001; the threat of further attack through chemical and biological weapons; the foot and mouth outbreak of 2001; and climate change with its associated risks of floods and drought; have rendered a more comprehensive approach to risk and resilience within the United Kingdom essential. This book provides a detailed exploration of the Civil Contingencies Act 2004 and its supporting documentation. It describes and analyses recent changes by providing a full commentary on all parts of the Act. Part I covers the planning aspects and Part II explores the more reactive and controversial regulations.
Author | : Great Britain: Parliament: House of Commons: Home Affairs Committee |
Publisher | : The Stationery Office |
Total Pages | : 184 |
Release | : 2007-12-19 |
Genre | : Political Science |
ISBN | : 9780215037855 |
Incorporating HC 1020-I-III, session 2006-07, not previously published
Author | : Great Britain: Parliament: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill |
Publisher | : The Stationery Office |
Total Pages | : 48 |
Release | : 2012-11-27 |
Genre | : Business & Economics |
ISBN | : 9780108476303 |
The draft Enhanced Terrorism Prevention and Investigation Measures Bill is intended to be introduced by the Government in response to "exceptional circumstances" which "cannot be managed by any other means". It is complementary to, and if introduced will operate alongside, the existing TPIMs legislation (as set out in the Terrorism Prevention and Investigation Measures Act 2011). If approved by Parliament, this Bill will allow the Government to impose a series of restrictive measures, broadly similar to those available under the control order regime, on certain targeted individuals. The Committee accepted the need for such measures as a preventative tool against suspected terrorists but raised concerns about the role of Parliament in approving their introduction and the threat to security created by "time-limiting" the legislation. To safeguard and better monitor their use, the Committee further called on the Government to institute higher standards of legal review of any use of this legislation.
Author | : Mark Findlay |
Publisher | : Routledge |
Total Pages | : 296 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 1317137175 |
This collection discusses appropriate methodologies for comparative research and applies this to the issue of trial transformation in the context of achieving justice in post-conflict societies. In developing arguments in relation to these problems, the authors use international sentencing and the question of victims' interests and expectations as a focus. The conclusions reached are wide-ranging and haighly significant in challenging existing conceptions for appreciating and giving effect to the justice demands of victims of war and social conflict. The themes developed demonstrate clearly how comparative contextual analysis facilitates our understanding of the legal and social contexts of international punishment and how this understanding can provide the basis for expanding the role of restorative international criminal justice within the context of international criminal trials.