A new Magna Carta? - Political and Constitutional Reform Contents


PART X

CONSTITUTIONAL CHANGE

51  Commission for Democracy

(1)  There is established by this Constitution a Commission for Democracy, whose composition shall comprise -

(a)  not more than 16 members;

(b)  members to be appointed, in equal numbers from among their members, by the House of Commons and the Second Chamber, as soon as practicable after the House first meets following a general election;

(c)  co-opted members who are not members of Parliament, but the co-opted members shall not exceed one third of the total membership of the Commission;

(d)  a Chairman who shall be elected by the members from among their own number;

provided that no minister shall be a member of the Commission.

(2)  The Commission shall have functions and duties to -

(a)  keep under review the working of the Constitution and the Constitutional legislation;

(b)  report its findings annually to Parliament, together with any recommendations for the amendment of the Constitution or such legislation; and

(c)  prepare Codes of Conduct and other guidelines concerning the standards of conduct with which persons may reasonably be expected to comply when holding a public office to which they have been appointed or elected by virtue of being persons elected to either House of Parliament, to an Assembly or to a local authority.

52  Amendment to the Constitution

(1)  An Act of Parliament may amend this Article, Part VII (the Individual and the State), Article 14(1) to (13) (Head of State), Articles 7, 8, 9 and 12 (the Executive), Articles 15, 16 and 17 (Legislative Power), Article 30 (European Union), Articles 31, 32 and 33 (Devolved Government), Article 35 (Local Government), Articles 25, 26 and 27 (Elections), if the Bill for the Act is supported by -

(a)  the votes of not less than two-thirds of all the members of the House of Commons at its final reading therein, and

(b)  by the votes of not less than two-thirds of all the members of the Second Chamber at its final reading therein -

(2)  An Act of Parliament may amend any of the provisions of this Constitution not mentioned in paragraph (1) if the Bill for the Act is supported by -

(a)  the votes of not less than two-thirds of the members of the House of Commons present and voting at its final reading therein, and

(b)  by the votes of not less than two-thirds of the members of the Second Chamber present and voting at its final reading therein -

(3)  A Bill for the amendment of any provisions of Articles 31 to 34 (Devolved Government) which has been passed in accordance with paragraph (1) or (2) as the case may be, shall not be presented to the Head of State for Assent unless it has been ratified by at least two of the Assemblies by the affirmative votes of a majority of the members present and voting in each such Assembly.

(4)  A Bill for the amendment of this Constitution which provides that any part of the United Kingdom should cease to be so, and which has been passed in accordance with paragraph (1), shall not be presented to the Head of State for Assent unless it has been approved by a majority of the registered voters in that part of the United Kingdom voting in a referendum.

(5)  A Bill for the amendment of this Constitution shall not be presented to the Head of State for Assent unless there is endorsed upon it, as the case may require -

(a)  a certificate of the Speaker of the House of Commons that paragraph (1)(a), (2)(a), (3) or (4) has been complied with; and

(b)  a certificate of the Speaker of the Second Chamber that paragraph (1)(b) or (2)(b) has been complied with.

(6)  For the purpose of this Constitution, the expression "amendment", in relation to this Constitution or any Article or provision of any Article, includes -

(a)  revocation, with or without re-enactment, or the making of different provision in lieu;

(b)  modification, whether by omitting, or altering, or inserting additional provision, or otherwise; and

(c)  suspension of operation for any period or the termination of any such suspension.

53  Constitutional Bills

(1)  A Constitutional Bill shall not be presented to the Head of State for Assent unless it is passed, at its final reading in both the House of Commons and the Second Chamber, by a majority of all the members of the House.

(2)  If a Constitutional Bill, which has been passed by one House of Parliament, is not passed by the other House, the Bill shall be returned to the House by which it was passed, endorsed with the certificate of the Speaker of the other House, signed by the Speaker, that the Bill is a Constitutional Bill.

(3)  For the purposes of this Constitution, the expression "Constitutional Bill" means a public Bill which, in the opinion of the Speaker of the Second Chamber, whilst not containing an amendment to the Constitution,

(a)  is required by or under this Constitution to be enacted; or

(b)  gives detailed effect to any Article of the Constitution; or

(c)  affects any provision in Article 36 (Bill of Rights); or

(d)  affects the functions of the Head of State or the composition, powers or jurisdiction of the House of Commons, the Second Chamber, the Assemblies, the Supreme Court or the judiciary;

and the expression "constitutional legislation" shall be construed accordingly.




 
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Prepared 10 July 2014