A collaboration of academics and parliamentary practitioners has resulted in a new book, the second edition of Exploring Parliament, which seeks to make what can sometimes seem like an arcane and impenetrable institution more comprehensible to students and the general public alike. In this post the book’s editors, Cristina Leston Bandeira, Alexandra Meakin and Louise Thompson, explain why the book is necessary, and what readers can expect from its second incarnation.
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The constitutional landscape: new report on options for reform
Today the Constitution Unit publishes a wide-ranging new report. The Constitutional Landscape: Options for Reform briefly summarises 31 areas of constitutional policy, describing the current state of affairs and the options for reform. In this post Lisa James, one of the report’s authors, explores its contents.
Continue readingShould we be worried about the decline of parliamentary scrutiny?
Complaints about declining standards of government scrutiny by parliament have been commonplace in recent times – particularly during the troubled years of Brexit and Covid. But how can such claims be objectively assessed, and crucially, have scrutiny standards since recovered? Constitution Unit Director Meg Russell addressed these questions in a recently published journal article, summarised here. She concludes that there is significant cause for concern, and that standards actually worsened under Rishi Sunak, once the Brexit and Covid crises were over. To reverse the decline, both government and parliament need to act.
Continue readingThe role of parliament during the Brexit process
Constitution Unit Director Meg Russell is one of the authors of a new UK in a Changing Europe report, The Brexit Files: From Referendum to Reset, which was published today. In this post, Meg examines the role of parliament in the withdrawal process, and argues that the sidelining of parliament that was seen throughout the Brexit process continued throughout the Johnson and Sunak premierships. She concludes that MPs must work to ensure that the current government’s commitment to greater parliamentary scrutiny is given full effect and parliament’s reputation with the public is rebuilt.
Continue readingProtecting the rule of law in public health emergencies
The Covid-19 pandemic tested the UK’s capacity to respond to a crisis, including its ability to maintain the rule of law. The Independent Commission on UK Public Health Emergency Powers considered how far current legal frameworks and parliamentary procedures protect the rule of law and human rights, and how far they promote accountability, transparency and parliamentary control of executive action. Its final report and recommendations are summarised here by Katie Lines.
Towards the end of this week, on 18 July, the UK Covid-19 Inquiry will publish its first interim report on the UK’s resilience and preparedness for the coronavirus pandemic. ‘Resilience and preparedness’ is one of many topics the UK Inquiry aims to cover in its terms of reference, which include health and social care, and economic responses to Covid-19. However, the constitutional and rule of law dimensions of the UK’s Covid-19 response fall outside the Inquiry’s key areas of focus, as do parliamentary proceedings during the pandemic. These items are also not central to the Scottish Covid-19 Inquiry’s investigations.
To ensure that the constitutional dimensions of the Covid-19 pandemic receive independent scrutiny, in 2022 the Bingham Centre for the Rule of Law established the Independent Commission on UK Public Health Emergency Powers. The Commission published its report on 15 May this year after 15 months of intensive work by the 12 Commissioners, chaired by former Court of Appeal judge Sir Jack Beatson. The Commission considered both written and oral evidence, and comments on their preliminary findings, from 82 individuals and organisations across the UK and in 10 other jurisdictions. The report’s 44 recommendations for change cover the design of legislation, the role of parliaments, the clarity and certainty of emergency public health laws, the enforcement of public health restrictions, and the management of a public health emergency in a country with devolved governments and legislatures. This blog highlights some of the Commission’s key recommendations.
The role of parliaments
The Commission has significant concerns about the extent to which the UK Parliament and the three devolved legislatures were able to provide appropriate scrutiny and oversight of government law-making during the Covid-19 pandemic. A number of its recommendations focus on enhancing the role of parliaments.
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