In this article, first published in Counsel magazine, I consider how constitutional matters influenced the 2017 general election — and what the future constitutional implications of the election generally, and of a hung Parliament in particular, might be.
The Salisbury convention usually limits the House of Lords’ capacity to obstruct legislation implementing Government manifesto commitments. But does it apply if there is a minority or coalition government during a hung Parliament?
The Conservative Party — which, barring an electoral surprise that would make the election of Donald Trump look pedestrian, will form the next UK administration — has published its manifesto. What does it reveal about the constitutional aspects of the party's programme for government?
The Government has today published its response to several highly critical select committee reports concerning the Strathclyde Review. That Review, prompted by the House of Lords’ opposition to secondary legislation on tax credits, was published in December 2015. The Strathclyde Review’s central recommendation was that the House of Lords’ powers in respect of statutory instruments should be … Continue reading The House of Lords and secondary legislation: Government declines to implement Strathclyde Review (for now)
I wrote in December about the Strathclyde Review, which took place at great speed in the autumn against the backdrop of the House of Lords’ refusal to allow the enactment of secondary legislation on tax credits. The Review — set up by the Government — recommended stripping the Lords of its power to veto statutory … Continue reading Parliament, Government and Secondary Legislation: Lords Select Committees respond to the Strathclyde Review
The Strathclyde Review, which was prompted by the House of Lords’ opposition to secondary legislation on tax credits, has been published. Its recommendation is straightforward: that the House of Lords’ powers in respect of statutory instruments (which is the form taken by the majority of secondary legislation) should be brought broadly into line with its powers, under … Continue reading The House of Lords and secondary legislation: Some initial thoughts on the Strathclyde Review
This post is the fifth in a series of six updates for the 2015-16 academic year. The posts in this series are co-written by Mark Elliott and Robert Thomas, the authors of Public Law, published by Oxford University Press. Further information about Public Law can be found here. Our focus in these updates is on six key areas in which the constitution is undergoing, or … Continue reading Public Law Update #5: House of Lords Reform
The Sky News website reproduces some interesting remarks made by Tim Farron, the leader of the Liberal Democrats, yesterday. Defending the decision that Liberal Democrat peers in the House of Lords should seek to block housing legislation that would implement a Conservative manifesto commitment extending the right to buy to housing association tenants, Farron said: I am going to argue … Continue reading The End of the Road for the Salisbury Convention?