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Topic: Constitutional Reform Bill

Ads by Google      Welcome to guyanachronicle.com sports One of the two Constitutional Amendment Bills which generated keen interest from all sections of society, in particular the religious community, was unanimously approved in the National Assembly last night, receiving the required two-thirds majority with 52 Members of Parliament (M.P) voting for it and none against. However, Minister of Legal Affairs and Attorney General, Doodnauth Singh, in introducing the Bill made the observation that media houses erroneously were referring to the Constitution Amendment Bill No. 9 as the Sexual Orientation Bill. The two Bills No. 9 and 10 were originally one Bill which was passed by the National Assembly in 2001 but was not assented to by President Bharrat Jagdeo, and subsequently referred to the National Assembly. http://www.guyanachronicle.com/ARCHIVES/archive%20%2025-07-03.html      Encyclopedia article on House of Lords [EncycloZine] Furthermore, the Parliament Act s of 1911 and of 1949 apply to any bill other than a bill to extend the life of a Parliament. The Parliament Act 1949 reduced the delaying power of the 1911 Act in respect of Public Bills other than Money Bills to two sessions and one year respectively, the exception being bills to extend the life of Parliament to beyond five years, in which case the Lords would have full power to defeat the bill. The monarch must assent to any legislation for it to enter into law, although it has been convention since the time of William and Mary that the monarch will assent to legislation passed by Parliament. http://encyclozine.com/House_of_Lords      Guardian Unlimited Politics Special Reports Q&A: the constitutional reform bill One of the reasons this legislative struggle matters so much is because of Commons leader Peter Hain's threat last night to start all bills in the Commons in order to push them through parliament. If the government loses tonight's vote, Mr Hain has already pledged to introduce the bill in the Commons and force it into law using the Parliament Act if necessary. Ordinarily, bills must pass both houses, with peers only having the right of revision. http://politics.guardian.co.uk/constitution/story/0,9061,1164819,00.html      Department for Constitutional Affairs - Speeches - Speech by the Lord Chief Justice on the Rule of Law and a Change in ... It also surprises me that the Government does not see it as inconsistent to promote a clause designed to exclude the courts from performing their basic role of protecting the rule of law at the same time that it is introducing the present constitutional reforms. If the Constitutional Reform Bill becomes law in its present form, we cannot take the continued individual, or collective, independence of the judiciary for granted. This clause is undoubtedly unique in the lengths to which it goes in order to prevent the courts from adjudicating on whether the new appeal tribunal has acted in accordance with the law. http://www.dca.gov.uk/judicial/speeches/lcj030304.htm      Department for Constitutional Affairs - Publications - Written Evidence to the House of Lords Committee on the ... In reality, it is the Lord Chief Justice who is best placed to voice the views of the judiciary and the Constitutional Reform Bill will recognise in statute that leadership role, so that he can lead the judiciary with the authority that comes from being appointed on merit to the position of chief judge. In relation to the civil courts of England and Wales, this issue was extensively debated by the House of Lords in relation the Courts Bill on 18 February 2003 and 27 March 2003 and an amendment was carried against the Government excluding judicial costs from the calculation. The Government believes that the Constitutional Reform Bill presents an opportunity to create a UK Supreme Court that represents a real beacon of excellence, that enshrines clarity and independence in our constitutional arrangements, and that provides value for money. http://www.dca.gov.uk/judicial/judges/refevid.htm      Appendix C:  Part 2 - Timeline of Events, 1688 - 1800 The American Bill of Rights [i.e., the first 10 Amendments to the US Constitution] are ratified by the States. Note : States now have federal constitutional sovereign immunity in lawsuits brought by out-of-state [i.e., non-resident] plaintiffs in the Federal Courts. A convention is held to amend the Articles of Confederation. http://www.agh-attorneys.com/3_camo_appendix_c1_.htm      Tunisia Online News Updates, The latest news from Tunisia The Constitutional reform introduces the possibility of renewing the candidacy for the office of President of the Republic while maintaining the provision of maximum age of eligibility, provided for in Article 40. In the same context, the proposed bill constitutionally sanctions the principle now consecrated in the Penal Code, which stipulates, as an exception to the rule, that penal law is non-retroactive, and consists in applying the most favorable text promulgated following the acts for which legal proceedings have been started. As for preventive detention, judicial control will take the form of a court order and the interdiction that any person be subjected to abusive police custody or preventive detention. http://www.tunisiaonline.com/news/130202-1.html      Build Ukraine As matters stand now, the court litigation by Yushchenko and Tymoshenko and the potential discord over the parliamentary-election system may now be the only impediments to the adoption of a constitutional reform that evidently does not suit Yushchenko's presidential ambitions. The pro-presidential majority in the Verkhovna Rada apparently resorted to this stratagem in order to meet the constitutional requirement for passage of constitutional amendments in two regular plenary sessions, thus making it possible for them to become law before the presidential ballot that is expected in October 2004. Moreover, Yushchenko and Tymoshenko filed another court complaint, charging that Lytvyn called an illegal extraordinary session on 3 February to vote on amendments to the constitutional-reform bill. http://www.artukraine.com/buildukraine/yushchenko16.htm      Tax Reform and the Constitutional Problem There is no legal Constitutional basis for enforcing the States to align and comply with the proposed Tax Reform Bill with respect to State tax ceilings and State tax prohibitions. The Bill's tax ceilings and prohibitions can be imposed upon the States only through a test of political will between the Commonwealth and the States. There is no question that the Coalition Tax Reform Bill would be Constitutionally valid in the High Court. http://www.multiline.com.au/~johnm/taxcons1.htm      Department for Constitutional Affairs - Legislation - Constitutional Reform Bill The Lord Chief Justice, currently Lord Woolf, will become President of the Courts of England and Wales. He will also represent the views of the judiciary of England and Wales to Parliament and ministers. http://www.dca.gov.uk/legist/constreform.htm      LLRX -- UK Constitutional Reform Constitutional Court, “[T]he Court has the power to declare an Act of Parliament null and void if it conflicts with the Constitution and to control executive action in the same way.” The constitution is “..not set out in one all-inclusive document – it consists of a series of formal legal documents, decisions of the courts and the practices…describe[d] as conventions. For example, there are no special procedures for proceeding with new constitutional arrangements, and all such acts must pass through the Westminster Parliament in the normal legislative manner. http://www.llrx.com/features/ukconstitution.htm      Guardian Unlimited Politics Special Reports Special report: constitutional reform March 8: The government signalled this lunchtime that it was prepared to give ground and amend plans to create a supreme court - but only if the Lords allowed the bill to pass. August 3, Anthony Lester: Only a written constitution can prevent further abuses of power. July 17: The prospect of an elected House of Lords faded yesterday after the government made it clear that it was only prepared to accept limited further reforms to shore up the present unelected structure. http://politics.guardian.co.uk/constitution/0,9054,442872,00.html      Constitutional Reform The Constitutional Convention of 1998 was held to discuss whether and if so how Australia should become a republic, i.e. The Convention recommended that the positions of monarch and Governor-General be replaced with a non-executive President to be chosen by the Parliament. Constitutional Convention (the official site, archived by the National Library of Australia) http://www.law.mq.edu.au/Units/law309/reform.htm      Department for Constitutional Affairs Website The Bill could state that mortgaging of the common parts is permitted unless governing documents prohibit it, and let the commonhold community statement determine whether or not mortgaging will be permitted in a particular commonhold community. In this regard clause 16 of the Bill is a problem, it cannot be necessary for the commonhold association to be required to join in a charge of a unit or consent to it being charged. The Bill provides the commonhold association may only transfer common parts if there is a unanimous vote, again experience shows that this is impossible especially when there are absentee owners. http://www.lcd.gov.uk/consult/general/chresp.htm      Department for Constitutional Affairs - Regulatory Impact Assessment - Commnhold and Leasehold Reform Bill It is intended that matters of detail should be contained in regulations, both to facilitate reading the Bill and packaging the rules by which commonholds will be run, and to facilitate amendment to the detailed rules for running the commonhold. Therefore, this Bill will require leaseholders to set up a company limited by guarantee if they wish to exercise the right to enfranchise or the right to manage. Most importantly, the constitution of the body may not allow for proper democratic control, allowing a minority group to manage the building in a way that does not conform to the wishes of the majority. http://www.lcd.gov.uk/civil/commria.htm      Department for Constitutional Affairs - Speeches - South Bank University Conference on the Commonhold and Leasehold ... The Bill will make provision for the commonhold community statement to set out the rules governing rights of entry of the commonhold association for inspection and its right to carry out works and to recover costs of such work for cases of emergency or to facilitate the its obligations to maintain and repair. As I said at the launch of the draft Bill, in a commonhold there will be no landlord: no one will have rights in the property which are superior to the unit holder’s, no one will have a better title than the purchaser. We have taken the view, and I am grateful for Robert Carnwaths, support on this, which will crop up throughout the Bill, that we will take existing law as the basis for what we are doing and chose from amongst the existing alternatives the one which best suits our purpose. http://www.lcd.gov.uk/speeches/2000/dl051000.htm      Campaign for Freedom of Information We have promoted a series of private members' bills in Parliament, several of which have become law, providing new rights of access to personal files and other information. The Campaign can provide training to public authorities preparing to implement the Freedom of Information Act. Speech to the Campaign by Lord Falconer, Secretary of State for Constitutional Affairs, 1 March 2004, setting out the Government's approach to the Freedom of Information Act. http://www.cfoi.org.uk/      Department of Constitutional Affairs - Lord Chancellor's Department - Irvine - Falconer - criminal justice - Supreme ... Supreme Ct Scrapped Law Lords have effectively foiled key policy of constitutional reform, refusing change without 'suitable building', plans for court now 'on ice' for up to 10 years 17.05.04 Times Supreme Court Falconer is continuing with moves to push through the Constitutional Reform Bill, yesterday releasing details of proposals for the Bill, including the estimated cost of the court and how appointments will be made 26.02.04 Times, DCA Press Release http://www.legalday.co.uk/current/lcdreform.htm      Constitution Society Home Page If you seek an outcome rather than to take a principled position or reform the system, you should consult a local lawyer familiar with the facts and "law" in your case, preferably one that is well-connected. The information on this site is not "legal advice" that might help you achieve favorable outcomes in a court. This page, and all subpages not in the public domain or copyrighted by others, are Copyright © 1994-2004 Constitution Society. http://www.constitution.org/      THE ODYSSEUS TRUST: Constitutional Reform Bill Within the consultation period, which was extraordinarily short given the weighty matters under consideration, the legal officers analysed all of the consultation documents and attended lectures and seminars to discuss with politicians, lawyers and judges the important issues raised. In the Queen's Speech in November 2003, the following commitments were made: 'My Government will continue its programme of constitutional reform by establishing a Supreme Court, reforming the Judicial Appointments System and providing for the abolition of the current office of Lord Chancellor. http://www.odysseustrust.org/text/constitutionalreform.html      Encyclopedia: Lord Chancellor Nonetheless, ministerial threats to pass the Bill without the consent of the House of Lords (as permitted under the Parliament Act 1911 and Parliament Act 1949) have been made. The Bill also made other constitutional reforms, such as transferring the judicial duties of the House of Lords to a Supreme Court. The Bill sought to abolish the office of Lord Chancellor, and to transfer his functions to other officials: legislative functions to a Speaker of the House of Lords, executive functions to the Secretary of State for Constitutional Affairs and judicial functions to the Lord Chief Justice. http://www.nationmaster.com/encyclopedia/Lord-Chancellor      Constitutional Reform Bill [HL] In my view the provisions of the Constitutional Reform Bill [HL] are compatible with the Convention rights. The Lord Falconer of Thoroton has made the following statement under section 19(1)(a) of the Human Rights Act 1998: This is the text of the Constitutional Reform Bill [HL], as introduced in the House of Lords on 24th February 2004. http://www.parliament.the-stationery-office.co.uk/pa/ld200304/ldbills/030/2004030.htm      BBC NEWS Europe Ukraine MPs back election reform The amendments, which mean parliament could elect the next president, were carried by a vote of 276 in favour. He told Russian Channel One TV: "The constitution requires us to vote in person and in public. Ukraine's parliament has given initial approval to a controversial constitutional reform bill despite disruption from opposition parties. http://news8.thdo.bbc.co.uk/2/low/europe/3346581.stm      New York State Senate >> About the Senate >> Historical Timeline During this time period, New York begins to develop constitutional principles and procedures similar to those of England. Voters approve bill giving women the right to vote. New York State's Constitutional Convention of 1867 is held. http://www.senate.state.ny.us/sws/about/timeline.html      European Forum - News - Ukrainian parliament fails to pass controversial constitutional reform bill Yushchenko, who is the most popular contender approaching the 31 October presidential ballot, staunchly opposed the bill that provided for significant cuts in the president's powers. European Forum - News - Ukrainian parliament fails to pass controversial constitutional reform bill The bill was supported by 294 lawmakers from the pro-government coalition, the Communist Party, and the Socialist Party, as well as by some independent deputies. http://www.europeanforum.net/news_article/102      JURIST - Paper Chase The complete text of the Constitutional Reform Bill is available from the UK Parliament website here. UK constitutional reform bill would create new Supreme Court Bernard Hibbitts at 9:37 AM The UK Government Wednesday formally introduced in Parliament a Constitutional Reform Bill creating a new Supreme Court to replace the existing judicial panel of the House of Lords as the UK's highest judicial authority, abolishing the traditional post of Lord Chancellor, and establishing a new commission charged with appointing judges. http://jurist.law.pitt.edu/paperchase/2004/02/uk-constitutional-reform-bill-would.htm      Scotsman.com News - Latest News - Reform Bill Introduced As a Lords Bill, it could not then become law next session under the Parliament Acts. It would establish a UK Supreme Court and abolish the Lords’ appellate jurisdiction. The Lord Chancellor, Lord Falconer of Thoroton, today introduced his Bill to abolish his own historic office and set up a separate Supreme Court and an independent judicial appointments commission. http://www.news.scotsman.com/latest.cfm?id=2570665      Constitutional Reform [Society and Culture: Issues] - WorldSearch.com The campaign to get a Freedom of Information Act in the UK, and against the shortcomings of the FOI bill currently under debate. > Policy Brief - Constitutional Issues > About Exploring issues of republican democracy in Britain and the need for reform. http://uk.worldsearch.com/society_and_culture/issues/constitutional_reform/      Constitutional reform Having no written constitution means that if you are British you have no rights that Parliament cannot take away. Read our written constitution for a new Commonwealth of Britain in which Parliament and the executive are secondary to the people. The House of Lords reform bill has ended that right for some, but not all, hereditary Lords. http://www.centreforcitizenship.org/cons.html      BBC NEWS UK Judge selection plans criticised But the Department for Constitutional Affairs says the new body will answer to parliament and will have the necessary oversight. Lord Falconer's Constitutional Reform Bill plans to create a new body to appoint over 2,000 judges each year. The government hopes it will become law early next year. http://news.bbc.co.uk/go/newsFeedXML/moreover/-/1/hi/uk/3720952.stm      PUBLICATIONS "Additional Comments on Bill C-64" (1995), 4 pp., a brief submitted to "Constitutional Reform and Canada's Senate" (1992), 23 pp., a brief submitted to "Employment Equity and Bill C-64" (1995), 4 pp., a brief submitted to http://www.philosophy.ubc.ca/faculty/irvine/pub.htm      Downing Street Says...: Constitutional Reform Bill It was always a mistake to make simplistic readings from one case of affairs to anther. Asked if a decision had been made as to the Government's response to the vote in the House of Lords last night on the Constitutional Reform Bill, the PMOS said the Government was still reflecting. Asked why the Government wanted a Secretary of State for Constitutional Affairs who could concentrate solely on his department but not a Secretary of State for Transport who could do the same, the PMOS said that people should look at different cases in different ways. http://www.downingstreetsays.org/archives/000329.html      AIM25: British Library of Political and Economic Science: Constitutional Reform Centre Publications include the Constitutional Reform Quarterly Review and CRC Politics Briefings. Administrative/Biographical history : The Constitutional Reform Centre was founded in 1984 to investigate the reform of the British constitution and government. These have included the role of planning enquiries, the development of a written constitution, the civil service, and the intervention of the European Commission. http://www.aim25.ac.uk/cats/1/2831.htm      BBC NEWS Programmes Law in Action The Constitutional Reform Bill BBC Radio 4's Law in Action will be broadcast on Friday, 5 March, 2004 at 1600 GMT. The Bill will establish a new Judicial Appointments Commission, which will make recommendations on appointments to the Secretary of State for Constitutional Affairs. He also described the measure as being inconsistent with the Constitutional Reform Bill. http://news8.thdo.bbc.co.uk/1/hi/programmes/law_in_action/3536049.stm      VOLIA.COM - President slams constitutional-reform bill of opposition "The parliamentary draft bill makes the president a puppet," RFE/RL quotes Kuchma as saying. VOLIA.COM - President slams constitutional-reform bill of opposition VOLIA: VOLIA Company - Cable TV - Digital TV - Internet Access http://www.volia.com/news/en/politics/2003/07/17/33893.html      The Scotsman - UK - Supreme court would cost £32m The revelations came as Lord Falconer unveiled details of the Constitutional Reform Bill which will abolish the post of the Lord Chancellor and see the supreme court replace the Law Lords as the highest court of appeal. The Scotsman - UK - Supreme court would cost £32m SETTING up a supreme court for the United Kingdom could cost up to £32 million, Lord Falconer, the Constitutional Affairs Secretary, confirmed yesterday. http://thescotsman.scotsman.com/uk.cfm?id=224802004      Department for Constitutional Affairs - Judges - publications Consultation Paper: Constitutional reform - a Supreme Court for the United Kingdom [14 July 2003] Constitutional Reform: Constitutional Reform Bill [25 February 2004] The Law Lords' response to the consultation paper: a Supreme Court for the UK http://www.dca.gov.uk/judicial/judges/pubs.htm      Lord Chancellor On July 13, 2004, the House amended the Government's Constitutional Reform Bill to retain the name of the office (though retain most other intended reforms), prompting ministerial threats to reintroduce the Bill in the Commons, and to force it through under the Parliament Act. Although initially seen as a move to kill the bill, agreement was reached between the Government and opposition parties in the Lords that the bill would be allowed to proceed through the parliamentary process, subject to any amendments made by the committee. Although the Secretary of State for Constitutional Affairs remains Lord Chancellor, the present incumbent will not sit as a judge. http://www.sciencedaily.com/encyclopedia/lord_chancellor      Constitutional Reform Bill - What do you think of the proposal to create a Judicial Appointments Commission to recruit ... Constitutional Reform Bill - What do you think of the proposal to create a Judicial Appointments Commission to recruit and select judges? The Bill proposes an independent Judicial Appointments Commission to assume this responsibility. The proposed Commission will make recommendations to the Secretary of State for Constitutional Affairs. http://www.tellparliament.net/constitution/node/view/10      American Mortgage & Financial Portal > Mortgage Calculators > Brokerage Firms > Compare Mortgage Loans After long debate, this was supplanted by the Constitution of a more centralized federal government in 1789. The original political structure was a confederation in 1777, ratified in 1781 as the Articles of Confederation. During the 19th century, many new states were added to the original thirteen as the nation expanded across the North American continent and acquired a number of overseas possessions. http://united-states.asinah.net/american-encyclopedia/wikipedia/c/ca/campaig...      Constitutional Reform Bill - Home The Bill sets out to change the justice system in this country by establishing an independent Supreme Court and by abolishing the centuries old position of Lord Chancellor so that the power to appoint and, in some cases, discipline judges will no longer be solely in the hands of a Government minister. Welcome to the public consultation website for the Select Committee on the Constitutional Reform Bill. “The House of Lords Select Committee on the Constitutional Reform Bill wants to hear your views on the main changes that are proposed by the Bill. http://www.tellparliament.net/constitution/      Lords Constitutional Reform Bill House of Parliament The Constitutional Reform Bill [HL] 2003/04 has been re-published with the amendments made by the Select Committee as HL Bill 91 and is available online at: http://www.publications.parliament.uk/pa/ld200304/ldbills/091/2004091.htm. Remit: to consider the Constitutional Reform Bill [HL] and to report on the Bill to the House by Thursday 24 June 2004. The Explanatory Notes to the Bill can be found at: http://www.publications.parliament.uk/pa/ld200304/ldbills/030/en/04030x--.htm.  These refer to the Bill as introduced into the House of Lords on 24 February 2004.  This version on the Bill can be read at: http://www.publications.parliament.uk/pa/ld200304/ldbills/030/2004030.pdf. http://www.parliament.uk/parliamentary_committees/reformbill.cfm      Scotsman.com News - Latest News - Constitutional Reform Bill Committee Agreed Scotsman.com News - Latest News - Constitutional Reform Bill Committee Agreed A select committee to examine Government plans to abolish the office of Lord Chancellor and bring in a Supreme Court was formally established by the Lords today. It comes after this month’s Lords’ decision, against Government wishes, to back Lord Lloyd’s move to refer the Constitutional Reform Bill to a select committee. http://news.scotsman.com/latest.cfm?id=2683975      Lord Chief Justice speaks on constitutional reform The Bill proposes to abolish the office of Lord Chancellor, set up a new mechanism for the appointment of judges in England and Wales and establish a Supreme Court for the United Kingdom. The Lord Chief Justice, Lord Woolf, will give the Squire Law Library Centenary Lecture on Wednesday, March 3 on the Government’s recently announced constitutional reform package. In particular he will speak about key aspects of the Constitutional Reform Bill currently being debated in the House of Lords. http://www.admin.cam.ac.uk/news/dp/2004022703      Charter88 - Welcome Neil Kinnock, who is to be made a peer when he eventually retires from the European Commission, stated only a year ago that he would not join the Lords unless it was fully reformed. They have led to the kind of limitations on royal government that mean that England pioneered the idea of limited government, responsible government and guaranteed rights for the individual's life, liberty and property. These battles have all been won against the monarchy, the real problem now is that in the absence of a written constitution we have a Prime Minister and a government who threaten all these freedoms. http://www.charter88.org.uk/      Downing Street Says...: Constitutional Reform Bill The Government's overriding concern was to get the Bill on the statute book. Asked if the Government had abandoned the idea of re-introducing the Bill immediately into the Commons, the PMOS said that there were a number of different ways you could approach this issue. Asked if there had been any movement on the Constitutional Reform Bill following the defeat in the Lords on Monday evening, the PMOS said that discussions were continuing through the usual channels, and within Government, in terms of how we should move forward. http://www.downingstreetsays.org/archives/000339.html      Electoral Reform Society The Electoral Reform Society has published an analysis of the electoral systems used in local, regional, national and European elections in the 15 states which were members before enlargement on 1st May this year. © Electoral Reform Society, 6 Chancel Street, London SE1 0UU, United Kingdom The Electoral Commission has reported and recommended no change to the voting age but has said that the age of candidature should be reduced to 18. http://www.electoral-reform.org.uk/

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