My summer project
1st draft
Submission to the Political and Constitutional Reform committee, House of Commons.
pcrc@parliament.uk
In response to the press release dated 19/04/2012 and questions contained therein:
Written responses deadline: Monday 15th October 2012
Is there a case for establishing a constitutional convention for the United Kingdom?
YES provided that the following are included within the codified constitution:
1) A reaffirmation referendum of the status of the British Monarchy within the mainland and crown dependant territories.
2) Seperately in Northern Ireland and the Irish republic a referendum on whether reunification as part of joint membership of the Commonwealth as a parliamentary republic is desired passed through the Uk parliament and Dail and agreed through the council of the Isles and British Irish Council. This is in case the relevant jurisdictions wish to reunify or Unionism wishes to look South and North West to both its own Ireland and Scotland, to quote the views of the Welsh First Minister. This is the tenant of modern Irish Tory and Unionism.
That would require the Royal Commission for the monarchies and peers input to also authorise it on the advice of the Queen in Council . I am unsure as to whether her peers; as opposed to members of the House of Lords since the 1999 and 2005-10 parliaments reforms have a role to play in that other than to make submissions to the parliament based predecessor and to make cases through Scots civil law direct to the Supreme Court or through the royal courts of Justice.
That way the contentious, us and them debate would be avoided and the Constitutional doctrine of a legislative based and accountable UK executive and ceremonial head of state who is also head of church could be continued within the Commonwealth until there is full separation of church and state, based on legislative mandate and agreed with the Synod of the CofE.
3) Parity for England with its own assembly / parliament equal to Scotland and Wales.
4) Regional and National grand cttes in the reformed House of Lords / Senate so as to allow debate of planning to consider factors, keep the old peers in the Lords library active should they wish through giving evidence and also allow a right of recall to MEPs by making them swear an oath of allegiance to the sovereign legislature and advise the Senate as the Commons is the primary law making body under the current governments reform proposals in keeping with the British constitution.
If there were to be a constitutional convention…
a) On what basis should it be established?
Agree with Welsh first minister in his unlock democracy speech that the convention should be of and by the people through parliament as royal commissions are bogged down by which titled knob should chair and which bigwigs skew the end result unless there is clear direction from parliament.
b) What would be its legal status?
Enacted by commons and lords with royal assent so as to keep the monarchy active and engaging with said process as they have to live by the rules agreed within the kingdom. This would give it a sound legal footing and allow its recommendations to be more speedily enacted.
c) Could it proceed on a more informal footing?
As a lobbying group like Canon Kenyons Scottish Convention it could but to what end and would its reports and findings be considered credible or ignored by a Conservative / Tory government.
What should its composition be
Best way of involving public in the convention?
Would there be a means of providing specific representation for England or the English regions, alongside the other components of the Uk and the Uk as a whole?
Would the members of convention be mandatedand, if so, by whom and to do what?
REMIT and working methods?
Whjat should be included in the terms of reference for the constitutional convention? For example, should the convention be tasked with proposing a new constitutional structure for the Uk, or establishing an agreement between the different components of the Uk on ways of proceeding in their relations with each other and with the Uk govt and parliament?
Legal issues such as conforming to the Good Friday agreement of 1998?
How should the convention proceed?
Forinstance, consensus, unanimity, QMaj voting or simple majority voting?
Would all the participants in the convention have equal status?
Procedural issues that should be considered?
How would proposals made by the convention be taken forwards?
Endorsement by the parliaments / assemblies of the UK, or by one or more referendums?
1st draft
Submission to the Political and Constitutional Reform committee, House of Commons.
pcrc@parliament.uk
In response to the press release dated 19/04/2012 and questions contained therein:
Written responses deadline: Monday 15th October 2012
Is there a case for establishing a constitutional convention for the United Kingdom?
YES provided that the following are included within the codified constitution:
1) A reaffirmation referendum of the status of the British Monarchy within the mainland and crown dependant territories.
2) Seperately in Northern Ireland and the Irish republic a referendum on whether reunification as part of joint membership of the Commonwealth as a parliamentary republic is desired passed through the Uk parliament and Dail and agreed through the council of the Isles and British Irish Council. This is in case the relevant jurisdictions wish to reunify or Unionism wishes to look South and North West to both its own Ireland and Scotland, to quote the views of the Welsh First Minister. This is the tenant of modern Irish Tory and Unionism.
That would require the Royal Commission for the monarchies and peers input to also authorise it on the advice of the Queen in Council . I am unsure as to whether her peers; as opposed to members of the House of Lords since the 1999 and 2005-10 parliaments reforms have a role to play in that other than to make submissions to the parliament based predecessor and to make cases through Scots civil law direct to the Supreme Court or through the royal courts of Justice.
That way the contentious, us and them debate would be avoided and the Constitutional doctrine of a legislative based and accountable UK executive and ceremonial head of state who is also head of church could be continued within the Commonwealth until there is full separation of church and state, based on legislative mandate and agreed with the Synod of the CofE.
3) Parity for England with its own assembly / parliament equal to Scotland and Wales.
4) Regional and National grand cttes in the reformed House of Lords / Senate so as to allow debate of planning to consider factors, keep the old peers in the Lords library active should they wish through giving evidence and also allow a right of recall to MEPs by making them swear an oath of allegiance to the sovereign legislature and advise the Senate as the Commons is the primary law making body under the current governments reform proposals in keeping with the British constitution.
If there were to be a constitutional convention…
a) On what basis should it be established?
Agree with Welsh first minister in his unlock democracy speech that the convention should be of and by the people through parliament as royal commissions are bogged down by which titled knob should chair and which bigwigs skew the end result unless there is clear direction from parliament.
b) What would be its legal status?
Enacted by commons and lords with royal assent so as to keep the monarchy active and engaging with said process as they have to live by the rules agreed within the kingdom. This would give it a sound legal footing and allow its recommendations to be more speedily enacted.
c) Could it proceed on a more informal footing?
As a lobbying group like Canon Kenyons Scottish Convention it could but to what end and would its reports and findings be considered credible or ignored by a Conservative / Tory government.
What should its composition be
Best way of involving public in the convention?
Would there be a means of providing specific representation for England or the English regions, alongside the other components of the Uk and the Uk as a whole?
Would the members of convention be mandatedand, if so, by whom and to do what?
REMIT and working methods?
Whjat should be included in the terms of reference for the constitutional convention? For example, should the convention be tasked with proposing a new constitutional structure for the Uk, or establishing an agreement between the different components of the Uk on ways of proceeding in their relations with each other and with the Uk govt and parliament?
Legal issues such as conforming to the Good Friday agreement of 1998?
How should the convention proceed?
Forinstance, consensus, unanimity, QMaj voting or simple majority voting?
Would all the participants in the convention have equal status?
Procedural issues that should be considered?
How would proposals made by the convention be taken forwards?
Endorsement by the parliaments / assemblies of the UK, or by one or more referendums?
posted by James | 9:24 AM
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