By Caroline Morris
Parliamentary elections are the root of the democratic country, supplying legitimacy to govt and a chance for voters to take part within the democratic procedure. yet, regardless of the the most important function of elections in govt and society, the legislation governing them is fragmented, either conceptually and when it comes to the criminal framework. This publication examines each one level of the UK's electoral method from the viewpoint of the candidate looking to join Parliament (MP), together with eligibility and qualification, the candidate choice procedure, nominations, disputed elections, after which, ultimately, disqualification from the home of Commons. every one degree of the method is taken into account in gentle of advancements in political perform and human rights jurisprudence, and a controversy is made for the rethinking and reform of the legislations of parliamentary candidacy and club. The ebook takes into consideration the reforms ushered in via the UK's parliamentary charges scandal of 2009, and it additionally seems to the recent electoral period that can eventuate below the Liberal Democrat-Conservative coalition executive: the referendum at the replacement vote electoral process, the chance of remember elections for errant MPs, and the outlet up of the candidate choice approach. The ebook can be of curiosity to these facing constitutional and administrative legislation, in addition to these attracted to politics extra often.
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Additional info for Parliamentary Elections, Representation and the Law
141 The formula of ‘suitable and discreet’ or ‘sufficient and discreet’142 came to be the standard form for the electoral writ, and was in use until it was replaced by the writs in the Ballot Act 1872. 143 Clearly, the ideas planted in medieval times still prevailed. The Ballot Act writs simply required a representative to be returned,144 without further qualification, but this is not surprising, since the â•‡ Ibid, 3. â•‡L Riess, The History of the English Electoral Law in the Middle Ages (trans K Wood-Legh) (Cambridge University Press, Cambridge, 1940) 1–4 strongly resists this implication, saying that this is revisionism, arising from our own modern preferences for democracy.
112 â•‡ There are of course exceptions: M Duverger, Political Parties: Their Organization and Activity in the Modern State, 2nd edn (trans B and R North) (Methuen, London, 1959) xii, acknowledged this problem, saying ‘a general theory of parties will eventually be constructed only upon the preliminary work of many profound studies; but these studies cannot be truly profound so long as there exists no general theory of parties’; JA Schlesinger, ‘Conceptual Approaches to Political Parties’ (1986) 19(4) American Political Science Association 860.
83 â•‡ J Mill in Ball, above n 79, 34. 84 â•‡ J Mill in Ball, above n 79, 27; Bentham, in Bowring, above n 79, 106, on the other hand supported women’s enfranchisement but opposed women representatives – not on principled grounds, but because it would ‘lead to nothing but confusion and ridicule’. On the difference between Mill’s and Bentham’s conceptions of democracy, see F Rosen, Jeremy Bentham and Representative Democracy (Clarendon Press, Oxford, 1983) 168–82. 85 â•‡ J Mill in Ball, above n 79, 28.
Parliamentary Elections, Representation and the Law by Caroline Morris