Jan 12, 2018 in Law

Constitutional and Administrative Law

Importance of the Fixed Term Parliament act 2011

The fixed term Parliament act was passed on 15th September, 2011. The bill offers five years to the House of Commons as a fixed term which cannot be changed unless through the parliament. The bill has set rules for parliament dissolution. It states that the parliament is in power for five consecutive years but can be dissolved under two conditions. The first condition is when the House of Commons dissolves itself with two third votes. The second chance for dissolution can appear if the House of Commons pass a vote of no confidence to itself, and do not favor an alternative government within fourteen days. Unless the above difficulties are experienced, the act poses a validation of the parliamentary procedure compromise as a break in United Kingdom constitutional culture. The act denied the Queen in the power to dissolve the parliament and placed it on the House of Commons or the parliament itself (Jowell & Oliver, 2011).

The fixed term parliament Act of 2011 is significant in the study of British law. It helps to define elections date without interference from politicians. Voters have a chance to look forward to stability and forward in general elections. The act delegated powers from the Queen. The Queen is now not the one who will be dissolving the parliament. The parliament will dissolve itself after the majority votes or after five regular years. This is important as it helps the reader understand the constitutional operations (Leyland, 2011). 

The Cabinet Manual

The cabinet manual is a document which provides laws, conventions and rules of the governmental business. It was published in December 2010 by the Cabinet office. The cabinet office published a draft and welcomed comments from the public as well as organizations. The comments collected were integrated on the Cabinet Manual. This manual was not voted in parliament or held for a referendum. Therefore, it can by no means act as constitution. Additionally, it is not owned by anyone as a constitution does. This documents defines how civil servants, members of parliament and ministers should handle governmental business. It is not a constitution. The United States are still ruled with the unwritten constitution. The manual guides ministers, members of parliament and civil service workers on their day to day activities. The manual also explains how the executive government and civil service workers relate to the Queen. It reflects transparency in the government. This document is important as it help the reader to comprehend the worthiness of the unwritten constitution in Britain. The primary role of the Cabinet Manual is to directly cabinet members and civil servants when dealing with governmental businesses (Jowell, & Oliver, 2011).

R (Hurley and Moore) v Secretary of State for Business, Innovation and Skills [2012] EWHC 201 (Admin)

This was a case filed by two students who were about to join university. The claimants sought to challenge the government claiming that the regulation on raising university fees was unfair and unlawful. The High Court dismissed the case and concluded that the regulations were lawful. This decision was made by two representatives of the High Court, Elias and King. The judges declared that the Secretary of State for Business, Innovation and Skills had failed in her obligation (Dickson & Carmichael, 2012). They argued that the regulations had not neglected human rights. Additionally, the High Court ruled that the allegations and regulations were in support of the financially low students is not evident. This case is important is studying British constitution. It helps reader to comprehend the importance of the Court in decision making. The High Court protects the constitution and defines confusing cats in the constitution.

The resignation of the Defense Secretary Liam Fox

Liam Fox was the secretary in the Ministry of Defense. He resigned on 14th October, 2010. This resignation was the last action the British military force expected from such an honorable person. He had been a conspicuous political figure for seventeen months of David Cameron’s reign as the Prime Minister. Fox had planned various strategies to be implemented in the forces. However, he left office having not accomplished them. This left a burden to his successor, Philip Hammond (Bradley & Ewing, 2011). Fox left office on allegations from the media that he has a close relationship with Mr. Adam Werritty. The media revealed that Adam Werritty had visited Mr. Fox for more than twenty times in his office. Additionally, they two friends had gone for friendly trips abroad. This threatened the Ministry of Defense which is usually sensitive in nature. All the plans that Fox had made were left unaccomplished. In December, Fox appointed Bernard Gray to bring order and realism in procurement. This was ironic since Bernard Gray had been harshly criticizing the steps of changing the structures in the ministry. Fox announced several changes which he planned to make in the three arms of the defense ministry. He mainly concentrated on leadership reforms as he believed leaders can influence the other workers in the ministry for the welfare of the country. This history is important, as it helps one to comprehend how people who initiate reforms end up in their work. It is also significant as it reveals the sensitivity of the constitution and the dangers of mixing government business with friendship (Dickson & Carmichael, 2012).

The 2012 Green Paper issued by the Government: “Parliamentary Privilege” (April 2012, Cm 8318)

Parliamentary privilege refers to the freedom of the members of parliament in expressing their views (Allen & Thompson, 2011). It is important for every parliament to have parliamentary freedom so as development can be enhanced. The government of Britain saw the need of reviewing the parliamentary document in 2012 and published a Green Paper. The government encouraged comments from the public and other organizations. The Green Paper detailed the freedom of speech for the members of parliament whenever they have a debate. They are allowed to air their views and represent the people without fear or favor (Phillips, 2012). This is the only way the government can encourage development and corrections. Additionally, the paper detailed exclusive cognizance which entails; application of legislation, members regulation and selection of committee members (Dickson & Carmichael, 2012).  Other privileges include miscellaneous issues and reporting the progress in the House. The Green Paper is important in studying British constitution, as it helped the reader to comprehend the freedom and regulation of the law makers. The members of parliament have the mandate of making laws and representing the views of the people. The constitution cannot be there without them. Therefore, it is important to learn their privileges so as to understand the constitution from its roots (Barnett, 2011).

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