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PositionPublications

A selection of recent publications relating to parliamentary studies prepared with the assistance of the Library of Parliament (May 2017-July 2017)

Bowden, James W.J. "Reforming prorogation." The Dorchester Review, 7 (1): 64-8, Spring/Summer 2017.

The House of Commons has no authority to regulate prorogation. Proposed amendments to the Standing Orders would either be ineffectual or unconstitutional as a means of regulating the Prime Minister's prerogative over prorogation. Hazell, Robert. "Pre-appointment scrutiny hearings: parliament's bark delivers a stronger bite than MPs realise." The Constitution Unit Blog, 3p, July 20, 2017.

For the past decade House of Commons select committees have held pre-appointment scrutiny hearings with preferred candidates for some of the most senior public appointments. Many select committee chairs and members consider these to be a waste of time because there is no power of veto. However, new research suggests that they have much more influence than committees realise. Ihimaera-Smiler, Jessica. "Members's bills." New Zealand Parliamentary Library, 2017/01, 15p, February 2017.

This paper contains a description of members' bills, their purpose, and the process by which they are created and pass through Parliament. It examines the number of members' bills passed since 1984 and also looks at other ways in which members' bills can have an impact on legislation, such as through adoption by the Government. Klinck, Jennifer. "Modernizing judicial review of prerogative powers." Alberta Law Review 54 (4): 9971037, 2017.

Despite judicial pronouncements that the source of government power, whether statutory or prerogative, should not affect judicial review, Canadian courts respond much more tentatively when asked to review exercises of prerogative powers than exercises of statutory powers. This article proposes that courts reform judicial review of the exercise of prerogative powers. Ling, Justin. "Is there a duty to consult in the legislative process?" National Magazine Blog, 3p, May 25, 2017.

... what if Parliament were required to consult Indigenous peoples on legislation it plans on adopting? McCormick, John (Chair). "Report on Scottish Parliament-Your Parliament, your voice." Commission on Parliamentary Reform, 106p, 20 June 2017.

The report's recommendations are aimed at increasing the effectiveness and efficiency of the Scottish Parliament as a single chamber, elected body keeping faith with its founding...

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