Category: parliament

‘The Brown Commission has recommended replacing the House of Lords with an elected Assembly of the Nations and Regions of the UK. In recent posts, the Commission’s proposals for legally empowering the Assembly to scrutinise bills and to protect the constitution have come under criticism on several grounds. First, there are concerns that the Assembly would be unable effectively to scrutinise ordinary bills, as unlike the Lords, the Assembly would lack the legal power to delay such bills. Second, the Assembly would be vested with the power to veto bills which amend existing constitutional arrangements. Yet the Commission not only fails to provide a definitive list of existing constitutional statutes that could be protected by the veto but also envisaged that in exceptional circumstances the House of Commons may still assert its primacy through a specific but currently undetermined processes. Thus, it has been argued the proposed position is not drastically different from the existing legislative process established by the Parliament Acts. Third, there is an implicit concern that the Assembly’s elected membership may hinder rather than facilitate the Assembly in scrutinising and protecting the constitution.’

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UK Constitutional Law Association, 26th January 2023

Source: ukconstitutionallaw.org

‘The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.’

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UK Constitutional Law Association, 15th December 2022

Source: ukconstitutionallaw.org