, the national law-making majority at any given moment. He wrote:
[T]he policy views dominant on the Court are never for long out of line with the policy views dominant among the law-making majorities of the United States. Consequently it would be most unrealistic to suppose that the Court would, for more than a few years at most, stand against any major alternatives sought by the law-making majority. 3
Dahl rested his thesis on both history and logic. First then, it is important to note that the Court only rarely declares federal laws unconstitutional – just
1970s (Norton 1982 : 29, 123–4). The case for such a chamber is that the representation of citizens by MPs in the House of Commons would be balanced by the representation of organised interests in the second chamber. This, it is argued, would enhance support for the political system through giving those interests a voice in the law-making process. Another proposal, advanced by Tony Benn (Anthony Wedgwood Benn as he was then known) in 1957, was for the Privy Council to replace the House of Lords as the second chamber (Benn 1957 ).
Our focus here, however, is
’ ( House of Commons Debates , 3 February 1969, col. 90). In 2012 Tony Benn argued the case for a national advisory committee – comprising ‘a representative gathering of people from different parts of our society’ – to look at legislation and make recommendations to the Commons. ‘To do this would be to abolish the House of Lords altogether and start afresh in a way that was useful and constructive’ (Benn 2012 ).
There is also a legal problem in that Parliament constitutes for law-making purposes the Queen-in-Parliament, and Parliament comprises the House of Commons and
, 118–92, 333–62; R. Dworkin, Law’s Empire (Fontana 1986) 193.
10 T.M. Franck, The Power of Legitimacy Among Nations (Oxford University Press 1990) 24.
11 P. Szasz, ‘General Law-Making Process’ in O. Schachter and C.C. Joyner (eds), United Nations Legal Order (Cambridge University Press 1995) 46.
12 F.L. Kirgis, ‘Specialized Law-Making Processes’, in Schachter and Joyner (eds) n. 11 at 109.
13 (1927) PCIJ Rep Series A, No. 9.
14 See further K. Renner, The Institutions of Private Law and their Social Functions (Routledge & Kegan Paul 1949
. Writing and
imago are media of the divine and its law-making
representatives. Texts and pictures are the media of authors.
Processes and images are the media of machines. It seems opportune,
at this point, to clarify the word ‘medium’ in
pragmatic terms. ‘Medium’ means
‘mediation’. Every sign system has the mediatory task
absurd to imply that the ebbing of formal British control over what had once
been a quarter of the world’s land surface left behind no residue. One huge legacy
from the ‘British World’ has been institutions, and in particular instruments of
government and administration. The emphasis placed on law courts, lawmaking
and legal administration in this study should have been suﬃcient to make
plain the fact that these institutional features and these forms of administrative
practice were early introduced into Gibraltar. Law, properly formulated by ordinances and orders
expertise to be involved in the law-making process.
At least half the members of the House of Lords should be elected so that the upper chamber of Parliament has democratic legitimacy.
If both Houses of Parliament were elected it would become much harder for governments to get things done since both Houses could claim democratic legitimacy and neither would be willing to back down, bringing the risk of frequent stalemate.
Source: Populus, April 2006.
The responses are
degree of independence from electoral politics and allows people with a broad range of experience and expertise to be involved in the law-making process.’ Supporters of the existing House thus have grounds for claiming some public recognition of the work of the House and a desire not to lose the attributes that enable it to fulfil its work effectively.
Those wishing to retain the existing House also raise the issue of cost. Having an appointed House, it is argued, saves public money. There are two dimensions to this. One is simply in terms of running costs: the House
Public relations . Government has a large public relations machine at its disposal to counter or discredit messages which go against its interests. Alastair Campbell, for example, in his fight with the BBC in 2003, was ruthless in using every trick in the book to ‘win’ his side of the battle.
The law . Thatcher’s government changed the law so that unions could have their funds sequestered if they transgressed new laws on balloting members before strike action. This proved vital in defeating the miners in 1984–85. Labour also passed lawsmaking certain forms of
The Judicial Committee of the Privy Council and the limits of imperial legal universalism
colonial legal knowledge and the political and intellectual influences that shaped it.8 Scholars of law and empire have challenged
British claims to establishing a universal rule of law in the Empire, arguing instead
that colonialism was fundamentally based on stressing the difference between
the coloniser and the colonised, usually in terms of racial and ethnic identities.9
Maintaining colonial difference in the realms of law-making and administration
of justice was essential to sustaining Empire. A truly uniform and consistent rule