The Law and ParliamentDawn Oliver, Gavin Drewry Cambridge University Press, 1998 - 219 Seiten The Law and Parliament is a collection of essays by leading constitutional and parliamentary experts on issues that are at the core of current debate about the changing British constitution and the sometimes difficult relationships between government and law. The book deals with matters of intense topical debate including the incorporation of the European Convention on Human Rights and the implications of the Human Rights Act 1998, the establishment of a new Scottish Parliament, ways in which the courts impinge upon the law of Parliament and vice versa and the Nolan Report. It also examines the position of lawyers as members of the two Houses of Parliament and looks at the mechanism through which Parliament obtains legal advice. |
Inhalt
The law and Parliament | 1 |
Accountability | 10 |
Internal autonomy | 17 |
Nolan sleaze and parliamentary selfregulation | 27 |
Parliamentary accountability for the administration of justice | 33 |
The Lord Chancellors accountability to Parliament | 40 |
Conclusion | 47 |
Statute law and case law applicable to Parliament | 48 |
The code of conduct and outside interests | 120 |
Criticisms and challenges | 129 |
Conclusion | 137 |
The consequences of Pepper v Hart | 144 |
Hart and the constitution | 151 |
The parliamentary activity of lawyerMPs | 160 |
The parliamentary activity of lawyerpeers | 166 |
Conclusion | 173 |
Is there a presumption that statutes do not bind Parliament? | 64 |
Questioning parliamentary proceedings in a court or place out of Parliament | 77 |
Separation of powers and legal advice for Parliament | 92 |
The law relating to members conduct | 105 |
The Register of Interests | 111 |
Parliamentary human rights scrutiny procedures | 181 |
Human rights and House of Lords reform | 187 |
Legal aspect of relations between the United Kingdom | 192 |
Appendix 1 | 208 |
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Häufige Begriffe und Wortgruppen
accountability administration allegations application art 9 Attorney barristers Bill of Rights bribery British civil code of conduct Commission Committee of Privileges Committee on Standards complaints constitutional courts criminal debate decision Defamation Act 1996 devolution ECHR Erskine evidence example functions Hansard HC Deb vol House of Commons House of Lords Human Rights Act Ibid independent interests interpretation involved issue judges judiciary jurisdiction justice Labour Law Lords Law Officers lawyer-MPs lawyers legal advice legislation legislature Lord Chancellor Lord Chancellor's Department matters Members of Parliament ministerial ministers Northern Ireland Ombudsman Parliamentary Commissioner parliamentary privilege parliamentary proceedings party PCA's peers Pepper v Hart political powers practice procedures proceedings in Parliament proposed question recommendations reform relating role rules Scotland Scottish Parliament scrutiny Select Committee Solicitor sovereignty Speaker Speaker's Counsel staff Standards and Privileges Standards in Public statute statutory Union United Kingdom Parliament Westminster