Post-legislative Scrutiny - the Government's Approach

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780101732024
Total Pages : 28 pages
Book Rating : 4.7/5 (32 download)

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Book Synopsis Post-legislative Scrutiny - the Government's Approach by : Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons

Download or read book Post-legislative Scrutiny - the Government's Approach written by Great Britain. Parliament. House of Commons. Office of the Leader of the House of Commons and published by The Stationery Office. This book was released on 2008 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).

Parliaments and Post-Legislative Scrutiny

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Author :
Publisher : Routledge
ISBN 13 : 1000326292
Total Pages : 220 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Parliaments and Post-Legislative Scrutiny by : Franklin de Vrieze

Download or read book Parliaments and Post-Legislative Scrutiny written by Franklin de Vrieze and published by Routledge. This book was released on 2020-12-18 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.

Post-legislative scrutiny

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Author :
Publisher : Stationery Office
ISBN 13 : 9780101694520
Total Pages : 61 pages
Book Rating : 4.6/5 (945 download)

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Book Synopsis Post-legislative scrutiny by : Great Britain: Law Commission

Download or read book Post-legislative scrutiny written by Great Britain: Law Commission and published by Stationery Office. This book was released on 2006-10-25 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following on from a report by the House of Lords Select Committee on the Constitution (HCP 173-I, session 2003-04; ISBN 0104005416), published in October 2004, and a Law Commission consultation paper (Consultation Paper no. 178; ISBN 0117302635), published in January 2006, this report examines the options for ensuring effective post-legislative scrutiny of legislation. This refers to mechanisms which seek to review the effects of laws in operation in order to analyse how effectively the intended policy objectives have been met, to ensure better regulation and to identify good practice. The report notes that there is overwhelming support for the principle that there should be a more systematic approach to post-legislative scrutiny and that such scrutiny should be controlled by Parliament. It recommends the setting up of a new Parliamentary joint committee on post-legislative scrutiny, supported by the Scrutiny Unit, which could be involved in the pre-legislative as well as post-legislative stage; and the need for enhanced regulatory impact assessments (RIAs) to ensure the policy objectives of legislation are clearly stated. The report includes case studies of past legislation which have been included as potential candidates for post-legislative scrutiny to illustrate problems encountered, as well as examples of post-legislative scrutiny in Scotland, Switzerland and Canada.

Parliament and the Legislative Process

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780104005415
Total Pages : 68 pages
Book Rating : 4.0/5 (54 download)

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Book Synopsis Parliament and the Legislative Process by : Great Britain: Parliament: House of Lords: Select Committee on the Constitution

Download or read book Parliament and the Legislative Process written by Great Britain: Parliament: House of Lords: Select Committee on the Constitution and published by The Stationery Office. This book was released on 2004 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committees report examines parliamentary scrutiny of legislation, focusing on the process for dealing with primary legislation (i.e. the scrutiny of parliamentary bills). This examination is carried out in the light of the Rippon Commission report on the topic (Making the Law produced by the Hansard Society Commission on the Legislative Process) which was published in 1992. Topics discussed include the mechanisms for pre-legislative and post-legislative scrutiny, the growth of legislation, the dissemination of information and ways of gauging public opinion through consultation. Conclusions drawn by the Committee include concern over the growth in the number and complexity of bills being presented to Parliament without adequate expansion in the capacity to deliver effective scrutiny. The report contains a number of proposals designed to help engender a culture shift away from this unsustainable volume of legislation, towards a culture of justification which encourages government to adopt a more disciplined approach to the introduction of bills based on the objective of effectiveness rather than quantity.

Parliaments and Post-Legislative Scrutiny

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Author :
Publisher : Routledge
ISBN 13 : 100032625X
Total Pages : 150 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Parliaments and Post-Legislative Scrutiny by : Franklin de Vrieze

Download or read book Parliaments and Post-Legislative Scrutiny written by Franklin de Vrieze and published by Routledge. This book was released on 2020-12-30 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent have parliaments a responsibility to monitor how laws are implemented as intended and have the expected impact? Is the practice of Post-Legislative Scrutiny emerging as a new dimension within the oversight role of parliament? What approach do parliaments apply in assessing the implementation and impact of legislation? These are the fascinating questions guiding this book. Case studies offer an in-depth look at how particular countries and the European Union conduct Post-Legislative Scrutiny. The analysis puts Post-Legislative Scrutiny in the context of parliamentary oversight and parliaments’ engagement in the legislative cycle. The purpose of this book is to demonstrate the value of Post-Legislative Scrutiny as a public good, benefiting the executive, legislature and the people in ensuring that law delivers what is expected of it, as well as to respond to the need for greater clarity as to what is meant by the term. In this way, the publication can assist legislatures to think more clearly as to what precisely they understand, and seek to achieve, by Post-Legislative Scrutiny. This book is the result of the co-operation between the Centre for Legislative Studies at the University of Hull and the Westminster Foundation for Democracy. The chapters were originally published as a special issue of The Journal of Legislative Studies.

Post-legislative Scrutiny

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Author :
Publisher : The Stationery Office
ISBN 13 : 0117302635
Total Pages : 68 pages
Book Rating : 4.1/5 (173 download)

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Book Synopsis Post-legislative Scrutiny by : Great Britain: Law Commission

Download or read book Post-legislative Scrutiny written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-01-31 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commission's report examines the options for ensuring adequate post-legislative scrutiny of Acts of Parliament, in the light of the recommendation of the House of Lords Select Committee on the Constitution (in their 14th report, HCP 173-I, session 2003-04; ISBN 0104005416). The main focus of the report is on primary legislation, but it also considers delegated legislation and European legislation. Issues discussed include: existing forms and benefits of post-legislative scrutiny in the UK Parliament and in other jurisdictions (including Canada, Australia, Germany, France and the EU); the experience of pre-legislative scrutiny; and options for post-legislative scrutiny mechanisms. A number of consultation questions are given, and responses should be received by 28th April 2006.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Post-legislative scrutiny of the Freedom of Information Act 2000

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780215047335
Total Pages : 110 pages
Book Rating : 4.0/5 (473 download)

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Book Synopsis Post-legislative scrutiny of the Freedom of Information Act 2000 by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book Post-legislative scrutiny of the Freedom of Information Act 2000 written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2012-07-26 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some former Ministers and senior civil servants argue that Freedom of Information (FOI) is having a 'chilling effect' on policy discussion at the heart of government. The Committee recognised there could be a problem--at least of perception. However the existing provisions of the Act could be used more effectively, including use of the ministerial veto to ensure a "safe space" for high-level policy discussions. The number of FOI requests is growing and some witnesses suggested introducing fees for FOI. However, while FOI imposes costs, it also creates savings when the inappropriate use of public funds is uncovered - or where fear of disclosure prevents the waste of public money. Setting fees could deter requests with a strong public interest and therefore defeat the purposes of the Act. Fees introduced purely for commercial and media organisations could also be circumvented. The MPs recommended: higher fines should be imposed for destruction of information or data and the time limit should be removed on prosecution of these offences; the law should be amended to protect universities from having to disclose research and data before the research has been published; all public bodies subject to the Act should be required to publish data on the timeliness of their response to freedom of information requests; the right to access information must not be undermined by the increased use of private providers in delivering public services and contracts for private providers should be explicit and enforceable in stipulating FOI obligations; where public authorities publish disclosure logs, the names of those requesting information should be included

House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780215061485
Total Pages : 92 pages
Book Rating : 4.0/5 (614 download)

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Book Synopsis House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 by : Great Britain: Parliament: House of Commons: Health Committee

Download or read book House of Commons - Health Committee: Post-Legislative Scrutiny of the Mental Health Act 2007 - HC 584 written by Great Britain: Parliament: House of Commons: Health Committee and published by The Stationery Office. This book was released on 2013-08-14 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the Health Committee, more needs to be done to protect the interests of patients who rely on mental health services. The Committee has undertaken a review of the 2007 Mental Health Act (ISBN 9780105412076). Many psychiatric wards are over capacity and there is huge pressure on beds, nevertheless, the Committee was shocked to learn that there is evidence that patients who need hospital treatment are being sectioned unnecessarily in order to access a bed. This represents a serious violation of patient's basic rights and it is never acceptable for patients to be subjected to compulsory detention unless it is clinically necessary. The 2007 Act contained important provisions which introduced Community Treatment Orders (CTOs). These orders allow for patients to be treated in the community whilst still being subject to recall to hospital if their condition deteriorates. The Committee is also concerned that pressure on hospital beds may be driving increased use of CTOs. MPs also examined the function of Independent Mental Health Advocates who help patients take advantage of their rights whilst in hospital. The Committee is in no doubt that a patient's primary advocate should be their clinician and independent advocates, ultimately, provide an important, but supplementary, service

Memorandum to the Energy and Climate Change Committee: Post-Legislative Scrutiny of the Climate Change Act 2008 - Cm 8696

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780101869621
Total Pages : 56 pages
Book Rating : 4.8/5 (696 download)

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Book Synopsis Memorandum to the Energy and Climate Change Committee: Post-Legislative Scrutiny of the Climate Change Act 2008 - Cm 8696 by : Great Britain: Department of Energy and Climate Change

Download or read book Memorandum to the Energy and Climate Change Committee: Post-Legislative Scrutiny of the Climate Change Act 2008 - Cm 8696 written by Great Britain: Department of Energy and Climate Change and published by The Stationery Office. This book was released on 2013-09-04 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: This memorandum provides a preliminary assessment of the Climate Change Act 2008 ch. 27 (ISBN 9780105427087) The Act aims to create a legislative framework for the effective management and delivery of policies to tackle climate change, in particular by: a). establishing an economically credible emissions reduction pathway to 2050, by putting into statute medium and long-term targets and a system of carbon budgets; b). providing greater clarity and predictability for industry to plan effectively for, and invest in, a low-carbon economy; c). providing a strong evidence base and expertise to underpin statutory targets; d). establishing a duty on the Government regularly to assess the risks to the UK from climate change and draw up a programme to address them; and e. creating a power for the Government to require a range of public authorities or statutory bodies to assess and address the impacts of climate change. The memorandum concludes that the Act has created an effective legislative framework and is structured to provide a degree of flexibility, setting a framework to motivate and enable policy action without being too prescriptive about how the framework should be applied. This is required to address the inherent unpredictability around future emissions projections and to ensure that mitigation is not unnecessarily costly. In this vein, the Climate Change Act allows for a carbon budget level to be amended if it appears to Government that there have been significant changes affecting the basis on which the previous decision was made

Law and Leviathan

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Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Memorandum to the Home Affairs Committee

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Publisher :
ISBN 13 : 9780101888073
Total Pages : 24 pages
Book Rating : 4.8/5 (88 download)

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Book Synopsis Memorandum to the Home Affairs Committee by : Great Britain: Home Office

Download or read book Memorandum to the Home Affairs Committee written by Great Britain: Home Office and published by . This book was released on 2016-01-11 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: This memorandum provides a preliminary assessment of the Crime and Security Act 2010 (2010 c17) ISBN 9780105417101) and has been prepared by the Home Office for submission to the Home Affairs Select Committee. It is published as part of the process set out in the document Post Legislative Scrutiny - The Government's Approach (Cm 7320) (ISBN 9780101732024). The overriding objectives of the Act are to: make our streets safer; protect vulnerable members of society, including women and children; shut down criminal and exploitative markets; and provide justice for victims of crime and their families. Generally speaking, the objectives of the Act have not changed since enactment, although the means by which those objectives are to be achieved has in several cases altered.

Red Tape

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Publisher :
ISBN 13 : 1108426956
Total Pages : 555 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Red Tape by : Robin Ellison

Download or read book Red Tape written by Robin Ellison and published by . This book was released on 2018-06-14 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Argues that the solution to the excess of laws, regulation and regulators is to change the mindset of lawmakers.

Parliamentary Oversight of the Executives

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509925708
Total Pages : 288 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Parliamentary Oversight of the Executives by : Elena Griglio

Download or read book Parliamentary Oversight of the Executives written by Elena Griglio and published by Bloomsbury Publishing. This book was released on 2020-10-01 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oversight of executives has always been a key function of parliaments and one that is central to developing the relationship between the executive and legislative branches of government. However, in reality governments are taking a more pronounced role in controlling legislation, diluting the influence of parliament. This book plots this trend in parliaments across Europe, to illustrate points of convergence and divergence. In so doing, it suggest tools and methods that parliaments can develop to bolster their crucial oversight role.

DAC Guidelines and Reference Series Accountability and Democratic Governance Orientations and Principles for Development

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Author :
Publisher : OECD Publishing
ISBN 13 : 9264183639
Total Pages : 142 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis DAC Guidelines and Reference Series Accountability and Democratic Governance Orientations and Principles for Development by : OECD

Download or read book DAC Guidelines and Reference Series Accountability and Democratic Governance Orientations and Principles for Development written by OECD and published by OECD Publishing. This book was released on 2014-09-15 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing recognition of the need for new approaches to the ways in which donors support accountability, but no broad agreement on what changed practice looks like. This publication aims to provide more clarity on the emerging practice.

Government's response to the House of Lords Select Committee on the Constitution's report

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Author :
Publisher : The Stationery Office
ISBN 13 : 9780101722322
Total Pages : 20 pages
Book Rating : 4.7/5 (223 download)

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Book Synopsis Government's response to the House of Lords Select Committee on the Constitution's report by : Great Britain: Ministry of Justice

Download or read book Government's response to the House of Lords Select Committee on the Constitution's report written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2007-10-17 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government reply to the Committee's 6th report of session 2006-07 (HLP 151, ISBN 9780104011256)

Administrative Law in Action

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509953124
Total Pages : 358 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Administrative Law in Action by : Robert Thomas

Download or read book Administrative Law in Action written by Robert Thomas and published by Bloomsbury Publishing. This book was released on 2022-02-10 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates and analyses how administrative law works in practice through a detailed case-study and evaluation of one of the UK's largest and most important administrative agencies, the immigration department. In doing so, the book broadens the conversation of administrative law beyond the courts to include how administrative agencies themselves make, apply, and enforce the law. Blending theoretical and empirical administrative-legal analysis, the book demonstrates why we need to pay closer attention to what government agencies actually do, how they do it, how they are organised, and held to account. Taking a contextual approach, the book provides a detailed analysis of how the immigration department performs its core functions of making policy and law, taking mass casework decisions, and enforcing immigration law. The book considers major recent episodes of immigration administration including the development of the hostile environment policy and the treatment of the Windrush generation. By examining a diverse range of material, the book presents a model of administrative law based upon the organisational competence and capacity of administration and its institutional design. Alongside diagnosing the immigration department's failings, the book advances positive proposals for its reform.