constitution

The Fixed-term Parliaments Bill

September 9, 2010

Regular readers will know I’m opposed to fixed-term Parliaments. But that point of principle isn’t the only reason to be concerned about the Fixed-term Parliaments Bill. The Clerk of the House of Commons himself, Malcolm Jack, has expressed concerned about it, apparently, in his evidence to the Political and Constitutional Reform Committee, comments I first [...]

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Nick Clegg: “no to 55%”

July 5, 2010

I’m delighted that Nick Clegg has thought better of the proposal, initially agreed by the coalition, that Parliament should not be dissolved unless a majority of 55% votes for dissolution. This is what he said in his statement to the Commons today: First, we are introducing legislation to fix parliamentary terms. The date of the [...]

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Should Brown have resigned on the Friday?

June 2, 2010

I’ve been interested by a series of pieces musing on the political consequences of Gordon Brown’s decision to remain as Prime Minister for five days following the election – rather than resigning on the Friday. First to consider this was Toby Young in his Telegraph blog a couple of days later: I’ve been puzzling away [...]

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Charon podcast: Coalition government, 55% and all that

May 16, 2010

Charon QC interviewed me on Friday about the new Conservative-Liberal coalition government and its special points of legal interest. We begin with the heated debate about the “55%” rule, under which the coalition proposes this should be a fixed-term Parliament, with a majority of 55% of MPs needed before any dissolution, a proposal I’m firmly [...]

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More on 55%

May 13, 2010

A debate has been raging on Twitter and elsewhere about the new coalition’s proposal to legislate to require a 55% Commons majority to dissolve Parliament. Quite a few people are arguing that I and others have got this wrong, and that the proposal is not so awful as it’s been painted. The central misunderstanding, it’s [...]

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No to 55%

May 12, 2010

The new government is only a day old, and already it’s engaging in constitutional whimmery, even though its formation and existence proves the value and robustness of the constitution we have. The coalition agreement (Part 6, page 3) says this: The parties agree to the establishment of five year fixed-term parliaments. A Conservative-Liberal Democrat coalition [...]

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Cameron’s new constitutional whim

April 24, 2010

I agree with the point David Cameron makes about hung Parliaments and coalition politics: the problem with them, and the proportional representation that would all but require them, is that they result in politicians, not the voters, deciding who governs. It becomes very, very difficulty to sack a government you hate – a power the [...]

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Labour’s manifesto: the legal bits

April 12, 2010

Obviously all the parties’ manifestos will contain long lists of items many of which could end up as legislation. I want to focus though on some of the “pledges” that are of particular legal interest or significance. Starting with Labour’s manifesto, “A Future Fair for All“. Of most interest to me are the constitutional changes [...]

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It’s certainly not “time” for a written constitution

March 29, 2010

I’m grateful to Charon for drawing my attention to Richard Gordon QC’s article in the Times last week arguing that it’s “time” for a written constitution. I’m not as impressed as he was, though. I’m thoroughly and firmly against a written constitution for the UK. The current conventional vogue for one, together with Gordon Brown’s [...]

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A new Supreme Court – and a new era

October 1, 2009

The Supreme Court of the United Kingdom opens officially today – and with it, a new chapter in this country’s legal history. The Guardian has a leader about it today, and the opening is likely to be covered widely in the media. Sittings actually begin on Monday, when the Justices will begin to hear the [...]

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