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Topic: Constitutional Reform Act 2005


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In the News (Wed 2 Dec 09)

  
  Constitutional Reform Act 2005 - Wikipedia, the free encyclopedia
Acts of Parliament of the Kingdom of England to 1659
Acts of Parliament of the Kingdom of Scotland
Acts of Parliament of the Kingdom of Ireland
en.wikipedia.org /wiki/Constitutional_Reform_Act_2005   (688 words)

  
 Reform the Patriot Act | SAFE Act
Supporters of the Patriot Act often argue that changes to the law were needed to give the government the same powers in foreign intelligence investigations that it already had in criminal investigations.
In addition to imposing a time limit, the SAFE Act limits the reasons for "sneak and peek" warrants to four specific circumstances — that notice would cause (1) the life or physical safety of a person to be put in danger, (2) flight from prosecution, (3) destruction of evidence, or (4) intimidation of a witness.
The SAFE Act would also change the definition to require that the actions must actually be intended to influence government conduct by intimidation or coercion, rather than that the actions "appear to be intended" to have that effect.
action.aclu.org /reformthepatriotact/safe.html   (6369 words)

  
 Center for British Studies :: UC Berkeley Institute of European Studies
The provisions of the Constitutional Reform Act 2005 have fundamentally changed the place of the judiciary in the UK constitution by instituting a greater separation of powers between the branches of government.
The reform of the office of Lord Chancellor, the transformation of the Law Lords into a Supreme Court and the creation of a new judicial appointments process have rebalanced the constitution and laid the foundations for the judiciary to occupy a new position as the third branch of government.
EU enlargement and the failure of the EU constitution may signal the end of a federalizing period and largely close this active debate, restoring at least some of the potential for the two main parties to reflect the most salient debates in the polity.
ies.berkeley.edu /cbs/reinventbritain/abstracts.html   (3181 words)

  
 House of Lords   (Site not responding. Last check: 2007-10-08)
Reforms were enacted Under the House of Lords Act 1999, which removed the automatic hereditary right of many peers to sit in the Upper House.
The Constitutional Reform Act 2005 will lead to the creation of a separate Supreme Court for the United Kingdom, to which the judicial function of the House of Lords, and some of the judicial functions of the Judicial Committee of the Privy Council, would be transfered.
On January 23, 2005 the death of the 4th Baron Aberdare created a vacancy filled by the election of the 2nd Viscount Eccles by the whole House on March 22.
house-of-lords.iqnaut.net   (6588 words)

  
 Reform the Patriot Act | Talking Points
In the House, bipartisan majorities supported bills to limit the reach of the Patriot Act by placing better checks and balances into the law -- moves that were ultimately overridden by the Republican House leadership at the behest of the Bush administration's knee-jerk opposition to common-sense reforms.
Even if we were to win all of the reforms needed to fix the Patriot Act until Americans demand that the president be required to follow the law any such changes could be ignored under the current regime.
While multiple hearings were held in both the House and Senate on the Patriot Act itself, neither chamber held hearings on the actual changes to the law that were proposed in the summer.
action.aclu.org /reformthepatriotact/whereitstands.html   (2056 words)

  
 Lord Chancellor's Department - Biocrawler   (Site not responding. Last check: 2007-10-08)
It was founded in 1885 as the Lord Chancellor's Office, to give the Lord Chancellor a staff answerable to him.
This is no longer the case - see the Constitutional Reform Act 2005.
In 2003 the Lord Chancellor's Department was renamed the Department for Constitutional Affairs.
www.biocrawler.com /encyclopedia/Lord_Chancellor's_Department   (192 words)

  
 A Constitutional Disaster
The USA Patriot Act's renewal is now almost a fait accompli--accepted by all but the most steadfast civil libertarians in Congress.
The Patriot Act has been and will continue to be used mainly against ordinary Americans accused of crimes unrelated to terrorism, or those who disagree with government policies or happen to be immigrants or of the Muslim faith.
Constitutional law is in such flux that "profound fault lines have become evident in the very foundations of the enterprise, going to issues as fundamental as whose truths are to count and, sadly, whose truths must be denied."
www.thenation.com /doc/20051107/pitts   (1799 words)

  
 Constitutional Reform Act 2005
The Constitutional Reform Act modifies the office of Lord Chancellor and makes changes to the way in which some of the functions vested in that office are to be exercised.
The Act also provides a role for the Lord Chief Justice of Northern Ireland and the Lord President of the Court of Session as appropriate for functions that extend to the jurisdictions of Northern Ireland and Scotland.
Section 4 substitutes a new section 1 of the Justice (Northern Ireland) Act 2002 to ensure that the provision made by that Act in relation to Northern Ireland is consistent with the provision made in section 3 of the Constitutional Reform Act.
www.opsi.gov.uk /acts/en2005/2005en04.htm   (4216 words)

  
 Constitutional Reform Act 2005
Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public.
Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.service@tso.co.uk.
www.opsi.gov.uk /acts/acts2005/20050004.htm   (607 words)

  
 Department for Constitutional Affairs - Legislation - Constitutional Reform Bill
The Constitutional Reform Bill was introduced to the House of Lords on 24 February 2004.
Judicial independence: For the first time, the Act enshrines in law a duty on government ministers to uphold the independence of the judiciary.
Reforming the Lord Chancellor: The Act reforms the post of Lord Chancellor, transferring his judicial functions to President of the Courts of England and Wales.
www.dca.gov.uk /legist/constreform.htm   (342 words)

  
 Constitutional Reform Act 2005: 23 Jan 2006: Written Ministerial Statements (TheyWorkForYou.com)
I plan shortly to introduce the required statutory instruments to bring into force those parts of the Constitutional Reform Act 2005 that will deliver the central aspects of those reforms.
The Lord Chief Justice will hold the additional title of President of the Courts of England and Wales and be legally recognised as the head of the judiciary in England and Wales.
The Act also formally recognises the constitutional principle of the rule of law and the Lord Chancellor's role in relation to that principle.
www.theyworkforyou.com /wms/?id=2006-01-23b.45.0   (493 words)

  
 GNN - Government News Network
The reforms are designed to enhance the independence of the Judiciary and to ensure clarity in the relationship between them and the Executive.
Under the Constitutional Reform Act 2005 there will be 14 Commissioners drawn from the judiciary, the legal professions, listed tribunals, the lay magistracy and lay public.
Under the terms of the Constitutional Reform Act 2005, 12 Commissioners (including the Chairman) are appointed through open competition and 3 are nominated by the Judges Council.
www.gnn.gov.uk /environment/detail.asp?ReleaseID=184964&NewsAreaID=2&NavigatedFromDepartment=True   (642 words)

  
 Fiji Law Reform Commission
Under the Act the Commission has its aim to enforce the systematic review, reform and development of the laws of Fiji.
The Commission Review Team travels around Fiji listening to the views of interested members of the community and organisations, before its Final Report and Draft legislation is drafted, for submission to the Attorney General.
If the outputs are agreeable to the Attorney General, Cabinet approval is sought before the Bill is taken to Parliament, which has the Constitutional power to change the law.
www.lawreform.gov.fj /common/default.aspx?page=whatWeDo   (290 words)

  
 Abolition of Parliament Bill
Yet, the proposed Act itself is not protected from amendment, allowing the Government to remove these limitations and transfer all legislative power permanently to itself.
Looking at just some of these Acts, one has to wonder quite justification the government can have not making them exempt from the provisions of part one of this bill, which affords Ministers unprecedented powers to make, amend and repeal legislation with the minimum of Parliamentary scrutiny.
The Inquiries Act - abysmal though it is — which sets the regulations for public and judicial inquiries into government and the State.
www.policestateplanning.com /abolitionofparliamentbill.htm   (2576 words)

  
 Education Act 2005
In section 26 of the Judicial Pensions and Retirement Act 1993 (retirement date for holders of certain judicial offices etc.) in subsection (8)(h), for "Schedule 2 to the School Inspections Act 1996" substitute "Schedule 3 to the Education Act 2005".
In Schedule 36 to the Education Act 1996 (uniform statutory trusts for educational endowments), in paragraph 2(b) for "Part I of the School Inspections Act 1996" substitute "Part 1 of the Education Act 2005".
In section 38 of the Education Act 1997 (inspection of local education authorities) in subsection (5)(b) for "paragraph 2 of Schedule 1 to the School Inspections Act 1996" substitute "paragraph 2 of Schedule 1 to the Education Act 2005 or (as the case requires) paragraph 2 of Schedule 2 to that Act".
www.ukincorp.co.uk /s-36-to-act-N-further-amendments-relating-to-school-inspection.html   (2732 words)

  
 Secretary of State for Constitutional Affairs - Wikipedia, the free encyclopedia
The Secretary of State for Constitutional Affairs is a United Kingdom cabinet position.
It was created in 2003, and was originally intended to supersede the office of Lord Chancellor, with the Lord Chancellor's Department renamed the Department for Constitutional Affairs.
Through the order references to the Lord Chancellor and the Lord Chancellor's Department were thereby construed to either refer to or stand transferred to the Secretary.
en.wikipedia.org /wiki/Secretary_of_State_for_Constitutional_Affairs   (242 words)

  
 Telegraph | News | Judges were right to snub Blunkett's dinner date
Six months after wide-ranging constitutional reforms came into force, the all-party House of Lords Constitution Committee will shortly announce an inquiry into this topic.
The impact of the 2005 Act is still something of a mystery.
The Constitutional Reform Act gives the Lord Chief Justice the power to present written representations to Parliament.
www.telegraph.co.uk /news/main.jhtml?xml=/news/2006/10/19/nlaw19.xml   (1084 words)

  
 Constitutional Reform Act 2005   (Site not responding. Last check: 2007-10-08)
The Constitutional Reform Act 2005 is an Act of Parliament passed by the Parliament of the United Kingdom in 2005.
It provides for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords, and remove the functions of Speaker of the House of Lords and Head of the Judiciary in England and Wales from the Lord Chancellor.
The House of Lords will now have to create a new speakership position, as the Lord Chancellor will no longer be automatically speaker, most likely to be known as the "Lord Speaker" (the Speaker of the House of Commons being "Mister Speaker").
constitutional-reform-act-2005.iqnaut.net   (547 words)

  
 Department of Constitutional Affairs - Lord Chancellor's Department - Irvine - Falconer - criminal justice - Supreme ...   (Site not responding. Last check: 2007-10-08)
Constitution Govt will not push reform bill through the Common, using Parliament Act, Tories have offered to be carry it forward to next parliament if the govt lets it go through select committee 10.03.04 Times
Constitution Judicial independence is crucial, but it is unlikely to be guaranteed through ill-considered legislation, pushed through with little consultation Telegraph Bar warns on political interference 20.11.03 Legal Week
Witnesses: RT HON LORD FALCONER OF THOROTON QC, a Member of the House of Lords, Secretary of State for Constitutional Affairs and Lord Chancellor, and SIR HAYDEN PHILLIPS GCB, Permanent Secretary, Department for Constitutional Affairs, examined.
www.legalday.co.uk /current/lcdreform.htm   (1799 words)

  
 Part 2
In section 2 of the Administration of Justice (Miscellaneous Provisions) Act 1933 (procedure for indictment of offenders), in subsection (6A)(a) for "by the Lord Chancellor" substitute "in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005".
In section 66 of the Adoption Act 1976 (rules of procedure), in subsection (1) for "by the Lord Chancellor" substitute "in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005".
In section 76 of the Courts Act 2003 (further provision about scope of Family Procedure Rules) omit "by the President of the Family Division, with the concurrence of the Lord Chancellor,".
www.uk-constitutional-reform-act-2005.co.uk /s-F   (1463 words)

  
 Department for Constitutional Affairs - Speeches - Parliamentary Statements - Implementation of the Constitutional ...
The Government announced plans for significant constitutional reform on 12 June 2003, designed to enhance the independence of the judiciary and to ensure clarity in the relationship between the Executive and the judiciary.
The appointment of Baroness Prashar as the inaugural Chair of the new Commission was announced on 6 October 2005.
It is intended that the majority provisions of the Constitutional Reform Act 2005 establishing the Judicial Appointments Commission will come into effect as of 3 April 2006.
www.dca.gov.uk /pubs/statements/2006/st060123.htm   (1237 words)

  
 California Secretary of State - Elections & Voter Information - Initiative Update
Amends California Constitution and Family Code to define marriage as a civil contract between any two persons otherwise qualified to marry, regardless of their gender.
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California, whether contracted in this state or elsewhere.
Amends the California Constitution to provide that only marriage between one man and one woman is valid or recognized in California.
www.ss.ca.gov /elections/elections_j.htm   (2724 words)

  
 Department for Constitutional Affairs - Legislation - Commencement of Part 1 of the Commonhold and Leasehold Reform Act ...   (Site not responding. Last check: 2007-10-08)
Part 1 of the Commonhold and Leasehold Reform Act 2002 (the Act) introduces a new form of land ownership in England and Wales.
The Act, together with the Commonhold Regulations 2004 made under it, provides the legal framework for commonhold and came into effect on 27 September 2004.
The Leasehold Advisory Service (LEASE) is funded by the Department for Constitutional Affairs to provide general advice on the law of commonhold land so far as it relates to residential matters.
www.dca.gov.uk /legist/commholdone.htm   (559 words)

  
 Constitutional Reform Act 2005
(1) In section 27 of the Courts Act 1971, in the definition of "the senior judges" in subsection (9) for "the Vice-Chancellor and the President of the Family Division" substitute "the President of the Queen's Bench Division, the President of the Family Division and the Chancellor of the High Court".
The Magistrates' Courts Act 1980 is amended as follows.
Constitutional Reform Act 2005 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
www.ukincorp.co.uk /s-33-to-act-K-part-2.html   (5505 words)

  
 Senators Clinton and Boxer, Representative Tubbs Jones and Others to Unveil Major Election Reform Bill
The Count Every Vote Act of 2005 will provide a voter verified paper ballot for every vote cast in electronic voting machines and ensures access to voter verification for all citizens, including language minority voters, illiterate voters and voters with disabilities.
The Count Every Vote Act also includes measures to protect voters from deceptive practices and conflicts of interest that harm voter trust in the integrity of the system.
The Count Every Vote Act requires that all provisions be in place for the next major election cycle in 2006.
clinton.senate.gov /~clinton/news/2005/2005217501.html   (996 words)

  
 People For the American Way - Status in the 109th Congress
With concerns mounting about the scope of the USA PATRIOT Act, several bills were introduced in the 108th Congress to curtail various portions of the Act and to address related concerns, particularly in connection with data mining.
On Monday, June 6, 2005, Senate Feingold joined with Senator John Sununu (R-NH) to introduce the “Federal Agency Data-Mining Reporting Act of 2005” (S. 1169), which would set up procedures and requirements for the reporting to Congress of data-mining activities by federal agencies.
Proponents of the USA PATRIOT Act have recently introduced their own legislation, and while time is running out, plans are reportedly in the works to have a final bill for the President to sign by Sunday, September 11, 2005.
www.pfaw.org /pfaw/general/default.aspx?oid=9716   (1133 words)

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