New and Notable Titles

Article 5 / 10 , Vol 44 No. 4 (Winter)

New and Notable Titles

Bilodeau, Roger. “Canada’s judicial appointment process / Le processus des nominations à la magistrature au Canada.” Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 15 (3): 465-, September/septembre 2021.

  • The recent appointment of the Honorable Justice Mahmud Jamal to the Supreme Court of Canada provides an opportunity to take stock of and reflect on the state of judicial appointments in Canada. … En raison du fait que la Cour suprême du Canada traite des appels en français et en anglais, que les plaidoiries écrites peuvent être soumises dans l’une ou l’autre langue officielle, et que les avocats et avocates peuvent plaider dans la langue officielle de leur choix, on s’attend qu’un juge de cette cour puisse lire des documents et comprendre une plaidoirie sans devoir recourir à la traduction ou à l’interprétation. Idéalement, le juge doit pouvoir discuter avec un avocat pendant une plaidoirie et avec les autres juges de la Cour en français ou en anglais.

Bowman, Benjamin. “Missing an opportunity? The limited civic imagination of votes at 16.” Parliamentary Affairs 74 (3): 581-96, July 2021.

  • The debate over reform to the voting age at Westminster elections is dominated by a concept of young people as deficient and disengaged citizens. In the contemporary context of young civic action, new approaches to the civic can support a regeneration of the vote in young people’s expanded political toolbox. A conceptual approach to the debate on voting reform is presented alongside a critical appraisal of the opportunities available, to all sides of the debate, to contribute to young political regeneration.

Burton, Rebecca. “Parliamentary privilege, search warrants and intrusive powers: are memoranda of understanding fit for purpose?” Australasian Parliamentary Review – Journal of the Australasian Study of Parliament Group 35 (1): 111-40, Winter/Spring 2020.

  • The rule of law is a principle under which all citizens, including Members of Parliament, are subject to the same laws that are publicly promulgated and equally enforced. However, in order to effectively discharge their duties and preserve the independence of the legislature from other areas of government, Members of Parliament have special immunities under the law of parliamentary privilege…this paper explores parliamentary privilege in Australia and how Australian jurisdictions have navigated the competing requirements of the law of parliamentary privilege and the rule of law…

Eichhorn, Jan, Bergh, Johannes. “Lowering the voting age to 16 in practice: Processes and outcomes compared.” Parliamentary Affairs 74 (3): 507-21, July 2021.

  • Research into the possible consequences of lowering the voting age to 16 used to be rather speculative in nature, as there were few countries that had implemented earlier enfranchisement. This has changed over the past decade. We now have a range of countries in different locations, mostly in Europe and South America, where 16- and 17-year-olds can vote in some or all elections…

Fleming, Thomas G., Schleiter, Petra. “Prorogation: comparative context and scope for reform.” Parliamentary Affairs 74: 964-78, 2021.

  • In August 2019, the UK government’s attempt to prorogue parliament for five
    weeks raised the question whether the UK’s prorogation rules ought to be reformed. The authors place this discussion in comparative perspective by contrasting the UK’s prorogation rules with (i) equivalent procedures in 26 European democracies and (ii) recent changes in other areas of UK executive–legislative relations. These comparisons suggest that the UK’s current prorogation rules are increasingly anomalous…

Foster, Stephanie. “Review of the parliamentary workplace: responding to serious incidents.” Department of the Prime Minister and Cabinet (Australia) 108p., 27 July 2021.

  • On 16 February 2021, the Prime Minister, Scott Morrison, tasked a review of the procedures and processes involved in identifying, reporting and responding to serious incidents that occur during parliamentary employment. This was triggered by deeply distressing reports of an alleged sexual assault in a Ministerial office in March 2019 made public the previous day…this final report has been released following briefing with the Opposition, minor parties, independents and staff. The Australian government has accepted the recommendations in full.

Hall, Thomas B. “Can a senator be suspended without pay? The Duffy case.” Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 15 (3): 623-, September/septembre 2021.

  • This article examines four questions: (1) Does parliamentary privilege give the Senate the power to discipline a senator by suspending him or her? (2) Does parliamentary privilege give the Senate the power to discipline a senator by withholding his or her statutory salary? (3) Does the Senate Standing Committee on Internal Economy, Budgets and Administration (the Internal Economy Committee) have the legal authority to withhold a senator’s statutory salary? (4) Can a court of law review the Senate’s withholding of a senator’s statutory salary?

Loughran, Tom, Mycock, Andy, Tonge, Jon. “Votes at 16 in Wales: both a historic event and a long-term process that requires a commitment to supporting young people’s democratic education.” LSE blog 3p., August 2, 2021.

  • The authors reflect on the key lessons that can be drawn from the process of lowering the voting age in Wales, identify features that were unique to the Welsh context, and propose important policy recommendations for ensuring the long-term success of ‘Votes at 16’ in Wales.

Matthews, Felicity. “The value of ‘between-election’ political participation: do parliamentary e-petitions matter to political elites?” The British Journal of Politics and International Relations 23 (3): 410-29, November 2020.

  • Responding to the crisis of democracy, legislatures worldwide are developing new participatory mechanisms to promote parliamentary engagement and provide additional opportunities for citizens to influence policymaking. Yet despite the prevalence of such initiatives, little is known about whether political elites are receptive to public input. This article addresses this important gap, presenting original research that examines the e-petition system in the United Kingdom’s national legislature…

Neranjan, Kassandra. “(Mis)Direct democracy: social constraints and legal solutions for referenda concerning electoral reform in Canada.” Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique 15 (3): 595-, September/septembre 2021.

  • This article will argue the social bases that constrain referenda consequently constrict progress for the present struggle to enact proportional representation electoral systems. This article will propose potential legal solutions by examining referendum law to combat some of these deficiencies.

Russell, Meg, Serban, Ruxandra. “The muddle of the ‘Westminster Model’: A concept stretched beyond repair.” Government & Opposition 56 (4): 744-64, October 2021.

  • The term ‘Westminster model’, widely used in both the academic and practitioner literatures, is a familiar one. But detailed examination finds significant confusion about its meaning…to end the muddle, and the risk of flawed inferences and false generalization, comparative scholars should drop this term, and select cases based on more precise attributes instead.

Young, Alison. “The ’Dissolution and Calling of Parliament Bill’ – a return to constitutional normality?” Constitution Unit: 4p., July 28, 2021.

  • The author argues that the Dissolution and Calling of Parliament Bill transfers power from parliament to the government, and not to the people and that it is wrong to place the blame for the extraordinary events of 2019 on the provisions of the Fixed-term Parliaments Act.