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International Law
: Spy BlogDraft Constitutional Reform Bill Clause 43
As we get further disillusioned with what passes for effective Parliamentary scrutiny of this Government's never ending output of ever more complicated legislation, which seems to be a substitute for actually achieving anything positive, we did notice that some of our worries about the Draft Constitutional Reform Bill are shared by some other people
Joint Committee on the Constitutional Renewal Bill report
CLAUSE 43361._One particular issue of Parliamentary accountability arises in clause 43 of the Draft Bill which allows the Minister by affirmative order to "make such provision as [he] consider[s] appropriate in consequence of this Act". Under clause 43(2) that order may "amend, repeal, or revoke any provision made by or under any Act".
362._Democratic Audit told us the purpose of clause 43 needed clarifying. They argued that even if the provision were limited to amending this Act, "any alterations should require full Parliamentary procedure". (Ev04, para 6) The Justice Committee recommended that we look at "the totality of the provisions of the Bill, considers whether any of them could be made more specific in order to reduce the area in which Clause 43(1) would operate."[192] The Lords Delegated Powers and Regulatory Reform Committee (DPRR) told us that the order-making power "should expressly be confined to the amendment of Acts passed before or in the same session as the bill." DPRR also recommended that "it should be made clear whether incidental or supplementary provision may be made under subsection (1) of clause 43." (Ev70, para 6)
363._We agree with the House of Lords Delegated Powers and Regulatory Reform Committee that the power in clause 43 (to make consequential provision) should be limited to the amendment of Acts passed before or in the same session as the Bill.
We await any actual Government amendments to this Bill, with a sense of increasing resentment and frustration.
Thanks to a recent email correspondent, for reminding us about this. We had actually seen this when it was published online, but could not summon up enough enthusiasm to write a blog article about, what, after all, is only a Committee Report, of the sort which is usually ignored by this Government.
See also:
Draft Constitutional Renewal Bill - short call for evidence by June 12th 2008
and
Full post as published by Spy Blog on August 13, 2008 (boomark / email).
Transportation Equity Act for the 21st Century
TEA-21 - Plus Law 105-178
Heart of Atlanta v United States
Supreme Court Decision: Civil Rights Act Protected by Interstate Commerce Clause
Federal Transportation Equity Act of 2005
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.
Phone Bill Reduction
Qwest agrees to $16 million settlement in overcharging lawsuit.
Immigration and Customs Enforcement
alleging government agencies and officials violated immigrant workers' constitutional rights.
Right-of-Way
City of Hastings pays preacher $1 settlement and $10,000 in legal fees for constitutional right violations.
Cowboy Hat
Lincoln County pays citizen $10,500 settlement for Constitutional Rights violations.

Draft Constitutional Renewal Bill - short call for evidence by June 12th 2008
Draft Report on Senate Patent Reform Bill Circulated
Draft Report on Senate Patent Reform Bill: Damages
Draft Report on Senate Patent Reform Bill: First Inventor to File Provisions
Draft Report on Senate Patent Reform Bill: Inequitable Conduct Provisions







