HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny

HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny PDF Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 0215088107
Category : Political Science
Languages : en
Pages : 68

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Book Description
By the end of 2017, the UK electorate will be invited to decide whether the UK should remain a member of the EU or leave the EU. Before inviting the electorate to make its choice, the Government is renegotiating the terms of the UK's EU membership. A process as critical as this should be subject to the most careful scrutiny. Yet we have found the Government's approach to Parliament during the renegotiation so far to be reactive and opaque. The onus has been placed on Parliament to guess when to request information and evidence from the Government and others. We regret this approach on a topic of such national importance. Dialogue between the Government and Parliament needs to improve substantially after the December European Council. Under Standing Orders, much of our work involves evaluating EU proposals for legal and political importance. In a similar way, we have assessed each of the Government's four areas of renegotiation against its own criteria. We conclude that the negotiation priorities as set out by the Prime Minister will not deliver the legally binding and irreversible agreement leading to reform of the EU nor a fundamental change in the UK's relationship with it envisaged by him. Given that no Treaty amendments will be made before the referendum, voters are entitled to know the extent to which subsequent Treaty amendment will be required to deliver any new agreement, and how robust and meaningful any guarantees or promises in this respect may be. The Government envisages immediate delivery of the renegotiation outcome by means of an international agreement. It should be clear to the voters that any such agreement would be consistent with the existing EU Treaties only insofar as it is limited to interpreting or supplementing them. It cannot substantively alter the EU Treaties.

HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny

HC 458 - UK Government's renegotiation of EU membership: Parliamentary sovereignty and scrutiny PDF Author: Great Britain. Parliament. House of Commons. European Scrutiny Committee
Publisher: The Stationery Office
ISBN: 0215088107
Category : Political Science
Languages : en
Pages : 68

Get Book Here

Book Description
By the end of 2017, the UK electorate will be invited to decide whether the UK should remain a member of the EU or leave the EU. Before inviting the electorate to make its choice, the Government is renegotiating the terms of the UK's EU membership. A process as critical as this should be subject to the most careful scrutiny. Yet we have found the Government's approach to Parliament during the renegotiation so far to be reactive and opaque. The onus has been placed on Parliament to guess when to request information and evidence from the Government and others. We regret this approach on a topic of such national importance. Dialogue between the Government and Parliament needs to improve substantially after the December European Council. Under Standing Orders, much of our work involves evaluating EU proposals for legal and political importance. In a similar way, we have assessed each of the Government's four areas of renegotiation against its own criteria. We conclude that the negotiation priorities as set out by the Prime Minister will not deliver the legally binding and irreversible agreement leading to reform of the EU nor a fundamental change in the UK's relationship with it envisaged by him. Given that no Treaty amendments will be made before the referendum, voters are entitled to know the extent to which subsequent Treaty amendment will be required to deliver any new agreement, and how robust and meaningful any guarantees or promises in this respect may be. The Government envisages immediate delivery of the renegotiation outcome by means of an international agreement. It should be clear to the voters that any such agreement would be consistent with the existing EU Treaties only insofar as it is limited to interpreting or supplementing them. It cannot substantively alter the EU Treaties.

A Litmus Test for Democratic Politics in Europe

A Litmus Test for Democratic Politics in Europe PDF Author: Julien Navarro
Publisher: Taylor & Francis
ISBN: 1000813967
Category : Political Science
Languages : en
Pages : 172

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Book Description
This book investigates how political actors - and more particularly members of parliaments - have reacted to Brexit to assess its long-term consequences. Brexit has not only been a major disruption affecting the functioning and internal balance of the European Union (EU), but to a very large extent, it also represents a challenge to the idea of an ‘ever closer union’ and to the democratic principles on which the EU has been built. Relying on empirical explorations of regional and national parliaments across the continent as well as the European Parliament, the chapters in this volume address three intertwined sets of questions regarding the evolution of democratic politics in Europe in the wake of Brexit. Firstly, how do citizens’ representatives assess the UK’s decision to withdraw from the EU and its consequences? Secondly, what is the impact of Brexit as regards the politicisation of the debate on Europe? Has Brexit exacerbated existing political divisions or generated new cleavages? Thirdly, and crucially, have parliaments attempted to and succeeded in influencing Brexit negotiations and their outcome? What positions did parliamentarians promote in these negotiations? What model for the future of the EU did they defend? The book is key reading for all students and researchers interested in Politics and International Relations, Elections, European Studies, and European Union Politics. This book was originally published as a special issue of the Journal of Contemporary European Studies.

Constitutional and Administrative Law

Constitutional and Administrative Law PDF Author: Roger Masterman
Publisher: Cambridge University Press
ISBN: 1009178075
Category : Law
Languages : en
Pages : 889

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Book Description
Using numerous topical examples and a clear structure, this third edition textbook provides an accessible, discursive and scholarly treatment of the key contemporary issues in UK public law. Drawing upon their extensive teaching and research experience, Roger Masterman and Colin Murray offer an engaging account of the key topics which make up a constitutional and administrative, or public, law syllabus. Controversial issues and broader debates are highlighted throughout the text, allowing the reader to develop a strong understanding of both the application of key topics in the field and the socio-political context in which the constitution has developed. This fully revised edition includes detailed analysis of recent significant cases, the constitutional implications of the Covid-19 pandemic and a dedicated chapter on the consequences of Brexit.

National Parliaments after the Lisbon Treaty and the Euro Crisis

National Parliaments after the Lisbon Treaty and the Euro Crisis PDF Author: Davor Jancic
Publisher: Oxford University Press
ISBN: 0192509349
Category : Law
Languages : en
Pages : 385

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Book Description
A critical assessment by eminent legal and political science experts in the field, this book examines the two key factors which have deeply affected the position of national parliaments in European integration: the entry into force of the Lisbon Treaty and the sovereign debt crisis in the Eurozone. Structured in three parts, the book will address the question, 'Do national parliaments exhibit resilience or resignation in these changed politico-legal and socio-economic circumstances in the EU?' Part I investigates the impact of the aforementioned factors against the theoretical concepts of constitutionalism and democratic legitimacy. Part II evaluates the changing nature of parliamentary functions, and Part III appraises the evolving relationships between national parliaments and national governments, national courts, and EU institutions, in addition to surveying the emerging patterns of interparliamentary cooperation. This interdisciplinary collection yields novel insights into how the deepening of the Economic and Monetary Union and the pursuance of new initiatives for parliamentary action impact the shape and nature of EU democracy.

The British Constitution Resettled

The British Constitution Resettled PDF Author: Jim McConalogue
Publisher: Palgrave Macmillan
ISBN: 9783030252922
Category : Political Science
Languages : en
Pages : 291

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Book Description
Adopting a political constitutionalist view of the British constitution, this book critically explores the history of legal and political thought on parliamentary sovereignty in the UK. It argues that EU membership strongly unsettled the historical precedents underpinning UK parliamentary sovereignty. Successive governments adopted practices which, although preserving fundamental legal rules, were at odds with past precedents. The author uses three key EU case studies – the financial transactions tax, freedom of movement of persons, and the working time directive – to illustrate that since 1973 the UK incorporated EU institutions which unsettled those precedents. The book further shows that the parliament’s place since the referendum on Brexit in June 2016 and the scrutinising of the terms of the withdrawal agreement constitute an enhanced, new constitutional resettlement, and a realignment of parliament with the historical precedent of consent and its sovereignty.

Britain's Political Economies

Britain's Political Economies PDF Author: Julian Hoppit
Publisher: Cambridge University Press
ISBN: 1107015251
Category : Business & Economics
Languages : en
Pages : 415

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Book Description
An innovative account of how thousands of acts of parliament sought to improve economic activity during the early industrial revolution.

The Idea of Public Law

The Idea of Public Law PDF Author: Martin Loughlin
Publisher: Oxford University Press, USA
ISBN: 9780199274727
Category : Law
Languages : en
Pages : 188

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Book Description
This book offers an answer to the question: what is public law? It suggests that an adequate explanation can only be given once public law is recognized to be an autonomous discipline, with its own distinctive methods and tasks. Martin Loughlin defends this claim by identifying the conceptual foundations of the public law in governing, politics, representation, sovereignty, constituent power, and rights. By explicating these basic elements of the subject, he seeks not only to lay bare its method but also to present a novel account of the idea of public law.Readership: Advanced students and scholars in public law; political theorists and students of political theory. Also the relatively small number of barristers and judges who specialise in public law.

BREXIT: Directions for Britain Outside the EU

BREXIT: Directions for Britain Outside the EU PDF Author: Ralph Buckle
Publisher: London Publishing Partnership
ISBN: 0255366825
Category : Business & Economics
Languages : en
Pages : 185

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Book Description
Discussions on the outcome of a potential referendum on Britain’s membership of the EU have been characterised by political grandstanding, at the expense of serious economic analysis. With Brexit now a real possibility in the next Parliament, the IEA today releases a report outlining four different options for the UK in the event of a vote to leave the EU, all of which take into account both economic challenges and possibilities. In Brexit: Directions for Britain Outside the EU, various contributors outline several of possible approaches, ranging from a proposal that Britain should promote free trade and openness through the unilateral removal of trade barriers, to maintaining formal relationships with European countries through the European Free Trade Association (EFTA) and/or the European Economic Area (EEA). Other proposals offer a view that the UK should seek to form economic and political alliances with countries outside of Europe, such as those in the Commonwealth.

Direct Democracy in the EU

Direct Democracy in the EU PDF Author: Steven Blockmans
Publisher: Rowman & Littlefield
ISBN: 1786609991
Category : Political Science
Languages : en
Pages : 467

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Book Description
The European Union is grappling with a democracy problem. The succession of crises which have plagued the increasingly executive EU for years, has led to a rising cacophony of voices calling for fundamental change to the integration project. Yet despite the seismic shock of the Brexit referendum and the electoral upsets by nativist parties across the continent, few of the plans for EU reform include concrete proposals to reduce the age-old democratic deficit. This book is concerned with the two-pronged question of how the relationship between citizens, the state and EU institutions has changed, and how direct democratic participation can be improved in a multi-layered Union. As such, this edited volume focuses not on populism per se, nor does it deeply engage with policy and output legitimacy. Rather, the research is concerned with process and polity. Building on the notion of increasing social, economic and political interdependence across borders, this volume asks how a sense of solidarity and European identity can be rescued from the bottom up by politically empowering citizens to ‘take back control’ of their EU.

The World Bank Legal Review, Volume 5

The World Bank Legal Review, Volume 5 PDF Author: Hassane Cisse
Publisher: World Bank Publications
ISBN: 1464800375
Category : Business & Economics
Languages : en
Pages : 691

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Book Description
Today, no one doubts the importance of justice and the rule of law to development. Indeed, it is a topic that excites considerable discussion. But what exactly is the nature of the relationship between justice, the rule of law, and development? And how can such a relationship be harnessed to improve the lives of people around the world, sustainably? Volume 5 of The World Bank Legal Review tackles these crucial questions head on. The 32 chapters by distinguished scholars and practitioners off er myriad ideas on the interrelation between development and the rule of law. They also present a plethora of practical lessons about translating insights into real-life outcomes. Foremost among those lessons is that sustainable development both demands and delivers opportunity, inclusion, and equity. Regulatory innovation can help people secure durable economic opportunities. Access to justice can be a pathway for social inclusion and greater citizen engagement. Legal empowerment can promote greater equity in the distribution and enjoyment of public goods. As the international community reshapes its development agenda, this volume of The World Bank Legal Review reminds us that justice, when woven into sustainable development objectives and processes, can unlock endless opportunities.