Post-legislative scrutiny in the UK Parliament: adding value

ABSTRACT

Legislatures appoint committees for different purposes. Both Houses of the UK Parliament separate legislative committees from non-legislative, or select, committees. Each is unusual in that it utilises select committees to engage in post-legislative scrutiny. We examine why each engages in this type of scrutiny, given competing demands for limited resources. Distributive and informational theories are utilised to explain the difference between the two chambers, identifying why the form of asymmetrical bicameralism to be found in the United Kingdom facilitates scrutiny that would otherwise not be undertaken. The genesis and impact of post-legislative scrutiny committees are considered, with a focus on the House of Lords and why the use of such committees plays to the strengths of the House.     

French Lesson: What the United Kingdom can Learn from the French Experiment with Gender Parity

France and the UK both have parliaments with one MP per constituency. This electoral system is known not to be conducive to women's representation, and both countries have struggled with low proportions of women in parliament. France's response was to introduce a gender parity law in 2000. Since then, the number of women in the French parliament has almost doubled, but still remains low by European standards and is far from parity. This article considers what the UK can learn from the French experience. In particular, it considers how gender quotas emerged onto the agenda in France, why they were set at 50% and how effective this was, how they were implemented, and why they have not been more successful. The article does not recommend following in France's footsteps, but the UK can take inspiration from France's successes and seek to avoid repeating her mistakes.     

英国医疗卫生法律制度概论

医学科学发达的英国，其医疗卫生管理制度在经历上百年的发展后，已经比较完备。本文首先对英国的医疗管理法律制度内容进行了研究，并总结出其发展特点与遵循的原则。在此基础上，文章从国外经验借鉴的角度，探讨了我国医疗卫生法律制度存在的问题以及完善方向。     

Crowdsourcing and regulatory reviews: A new way of challenging red tape in British government?

Much has been said about the appeal of digital government devices to enhance consultation on rulemaking. This paper explores the most ambitious attempt by the UK central government so far to draw on “crowdsourcing” to consult and act on regulatory reform, the “Red Tape Challenge.” We find that the results of this exercise do not represent any major change to traditional challenges to consultation processes. Instead, we suggest that the extensive institutional arrangements for crowdsourcing were hardly significant in informing actual policy responses: neither the tone of the crowdsourced comments, the direction of the majority views, nor specific comments were seen to matter. Instead, it was processes within the executive that shaped the overall governmental responses to this initiative. The findings, therefore, provoke wider debates about the use of social media in rulemaking and consultation exercises.     

Sub-state diplomacy: Understanding the international opportunity structures

Developing explanations for how sub-state governments are active internationally is central to understanding their unexpected growth as international actors. Building upon Lecours’ work [2002, Paradiplomacy: reflections on the foreign policy and international relations of regions, International Negotiation, Vol.7, pp.91–114], this article develops an expanded historical institutionalist analysis of the international agency of sub-state governments. Its original empirical contribution is utilizing this approach to examine within case variation across four contrasting policy domains in a case study of Wales. Reflecting the European Union sub-state mobilization literature, levels of constitutional powers are constrained in their capacity to account for Welsh sub-state international agency. Instead, the article highlights strong variation in the opportunity structures shaping sub-state diplomacy across policy domains. The article argues that institutional continuity and change, the prevalence of ‘path dependence’, can differ significantly between policy domains in sub-state diplomacy, argues for an expanded multi-level framework recognizing the impact of non-governmental organizations and international institutional opportunity structures and confirms historical institutionalism’s ability to enrich understanding of agency-structure relationships.     

论英国青少年罪犯监管中的人权问题

青少年罪犯的监管问题一直是犯罪学研究中最为重要的一部分。青少年人群一直是人权保障的关键对象。青少年罪犯,与成年人不同,他们因为年龄偏低、社会阅历少、心理状态不稳定、世界观与人生观尚未正式形成,在监管过程中,他们的人权更容易受到伤害。所谓他山之石可以攻玉,本篇论文将通过比照国际人权标准,分析英格兰与威尔士的刑罚体系,研究英国在青少年犯监管中的人权问题。     

Section 47 of the Enterprise and Regulatory Reform Act 2013: A Flawed Reform of the UK Cartel Offence

On 1 April 2014, section 47 of the Enterprise and Regulatory Reform Act 2013 (ERRA) entered into force, ensuring significant changes to the UK cartel offence. The criminal offence, contained in section 188 of the Enterprise Act 2002, was enacted to secure the deterrence of cartel activity affecting the UK. Following almost ten years of enforcement, the cartel offence had failed to live up to expectations. Consequently, following a public consultation, it was reformed in substance. Section 47 ERRA, removed the (controversial) definitional element of ‘dishonesty’ from the offence, created a number of ‘carve outs’ from the offence, and created three additional defences. This article examines in detail the specific reforms of the cartel offence and argues that, although considerable improvement has been made, the UK offence is fundamentally flawed and unworkable in practice. Further reform is therefore advised.     

Incorporation of the European Convention on Human Rights into UK Law: Implications for education

This article focuses on the UK government's proposal to incorporate the European Convention on Human Rights into UK law, and the consequences of incorporation for the individual in the context of education. The first part of the article explores the mechanisms proposed for bringing about incorporation, and stresses in particular the importance attached by the government to upholding the fundamental principle of the sovereignty of the UK Parliament. In this context it emphasises the government's decision to deny to the British courts the capacity to strike down legislative provisions as being incompatible with Convention rights. The second part of the article goes on to explore (highly selectively) a number of key areas in which incorporation of the ECHR has the potential to enhance individual rights in the field of education, including parental choice of school, collective worship and religious education, and aspects of the secular curriculum. The discussion emphasises strongly the likely significance of the UK government's reservation to the second sentence of Article 2 of the First Protocol to the ECHR. Broadly, the conclusion drawn is that the incorporation of the Convention will have only a very marginal impact on the reality of individual rights to education.     

Do We Want a Referendum on the Common Market?

In March 1975 Britain quarrelled about whether to hold a referendum on membership of the European Community. The Hansard Society organised an important debate about it between Enoch Powell, Geoffrey Howe, John Mackintosh and Keith Kyle. This is a report on that event drawn from a recently discovered recording. Many of the arguments deployed then are being repeated in today's debate about a ‘people's vote'—including the long‐term effects on the UK's constitution of having recourse to the referendum device.