The legal nature of the parliamentary question in the British system. (An analytical study)
DOI:
https://doi.org/10.61841/chhbd953Keywords:
parliamentary question,, translated questions, written questions, oral questions, urgent questions, formal conditions, substantive conditions.Abstract
The parliamentary question in the British system is considered one of the most important constitutional means possessed by the legislative authority represented in the (House of Commons) in the face of the executive authority. This study aims to clarify what the question is Parliament and to analyze its legal dimensions, justifications, importance, types and legal procedures for its presentation, leading to a precise legal understanding of the parliamentary question In the British system.
This study will attempt, through this context, to divide the topics of the parliamentary question into three topics: an introductory topic and two main topics. This study will address the explanation of what are the oral, written and urgent parliamentary questions. As for the third topic, the study will address the legal procedures for the way to present the types of questions mentioned above to the British House of Commons.
Downloads
References
1. Bromhcad perter :Britain’s Developing Constitution (London ;George Allen & Unwin ltd. First published in 1974).p.142 .
2. UK House of Commons ;Parliamentary Questions (London ;House of Commons information ; office
,procedure series, factsheet p1, parliamentary copyright 2003,2004&2005) .
3. -Select Committee on procedure (third Report) ;Parliamentary Questions (UK parliament , session 2001-2002
,House of Commons paper no.622).
4. Bradley & Ewing ; constitutional and Administrative Law , op.cit.p.218.
5. Mustafa Al-Sadiq and White Ibrahim, The Principles of the Egyptian Constitutional and Comparative Law, Edition 2, p. 38, Egypt 1925.
6. Dr. Majid Ragheb Al-Helou, Political Systems and Constitutional Law, Facility of Knowledge, Alexandria 2005, p. 766, as well as Damasfi Kamel, explaining the constitutional law, second edition, p. 923 and later, Dar Al-Kitab Al-Arabi, Cairo, 1969.
7. The internal system of the Jordanian parliament, as amended, in 2019.
8. Yardley ; introduction to British Constitutional law . March 1, 1984 .p.25
9. Question should seek information or press for action on matters for which Ministers were (7) responsible “
10. Westminster Parliamentary practice and procedure “Summary of proceedings 53sd Westminster Parliamentary Seminar 2004”(united Kingdom ,London; Commonwealth Parliamentary Association,2004),p.26.
11. Dr.. Ramzi Taha Al-Shaer, Constitutional Law, "The General Theory and the Egyptian Constitutional System", Dar Al-Nahda Al-Arabiya, 1997 edition, pp. 221,222.
12. Dr.. Ramadan Batikh, The General Theory of Constitutional Law and its Applications in Egypt, Dar Al- Nahda Al-Arabia 2002, p. 270.
13. Constitutional and Administrative Law With Updating Supplement by Bradley, Prof A., Ewing, Prof K. (2013) Paperback P 218 .
14. Sydney D. Bailey, English Parliamentary Democracy, translated by Farouk Ahmed Youssef, The Anglo- Egyptian Publisher Library, Cairo 1970, p. 104.
15. Alex Carroll Constitutional and administrative LAW (Foundation Studies in Law Series),9th edition
.pp.137,138 . | Jun 15, 2017
16. Bradley & Ewing : Constitutional and Administrative Law .op.cit.p218 .
17. Questions should seek information or press for action on matters for which Ministers were responsible .
18. Westminster Parliamentary practice and procedure …,op.cit.p.26.
19. K House of Commons : Parliamentary Questions (2005) , op.cit.p.2 .
20. Kingdom ,John ; Government and politics in Britain , op.cit.p.296 .
21. Ibid.,p.11
22. Standing Orders of the House of Commons -public Business 2005 (printed in the United Kingdom by the stationery office limited parliamentary copyright house of commons ,April/2005) ,p.25 .
23. The reference referred to is the internal regulations governing the procedures related to public works in the British House of Commons, issued in April 2005, and English jurists refer to these regulations - abbreviated - [HCSO] and then they cite [Article No.] cited, which is what We will walk on it in our research.
24. where a member has indicated that indicated that a question is for written answer on a name day the minister shall cause an answer to be given to the member on the date for which notice has been given , provided that –
(a) notice has appeared at latest on the notice paper circulated two days (excluding Saturday and Sunday 0 before that on which an answer is desired ; and (b) a member may not table more than five such question on any one day “[H.C.S.I.No.22(4)] .
25. H.C.S.O. No . 21(2) .
26. UK House of Commons ; Parliamentary Questions (2005),op.cit.p.10.
27. UK House of Commons ;Parliamentary Questions(2005),op.cit.p.10.
28. Carroll ,Alex ; Constitutional and administrative Law ,op.cit.p.138.
29. Westminster: A place located in south-east London, which contains a number of important buildings, among them: the seat of the British Parliament (Commons and Lords), Buckingham palace (the residence of the British royal family), and the London Church (Westminster Abbey Abbey).
30. Since January 2003 occasional extra sessions of oral questions were begin held on cross – cutting themes , with Ministers from several departments answering together .these sessions were held in Westminster hall . at the first such session . on youth policy four junior ministers answered questions”.
31. UK House of Commons ; Parliamentary Questions(2005),op.cit.p.10.
32. Westminster Parliamentary practice and procedure ..op.cit.p.26 .
33. UK parliament , session 2003-2004 , House of Commons Debates -Westminster Hall -Thursday 12 February 2004 , Hansard Volume No.417 , part No.540 ,Column 469 (Healthy Living) .
34. HC Deb 12 Feb 2004 c 469 WH .
35. Westminster Parliamentary practice and procedure ….,op.cit.p.26 .
36. “Al present it is envisaged that four Cross-cutting Question times will be presented in each parliamentary Monitor , op.cit…,p.21 .
37. The select Committee on Procedure (third Report) ; Parliamentary Questions (HC622),op.cit. Paragraph No.6- 109 .
38. Government Response to the Procedure Committee Report on Parliamentary Questions (HC622) , printed in the UK by the stationery Office Limited October 2002 , pp.4-18 .
39. The Select Committee on Modernisation of the House of commons . (Second Report)
40. Modernisation of the House of Commons :A reform programme (UK Parliament ,Session 2001-2002 , House of Commons Paper No.1186 ,Vo1.1&2(Hc1186-1&Hc1186-11),Published on 5 september 2002 ) .
41. UK parliament , session 2001-2002 House of Commons . Debates -Tuesday 29Oct 2002 , Hansard Volume No.391 part No.197,Column 689-839 (Modernusation of the House of Commons ).
42. “Notices of questions shall be given by members in writing to the Table office in a form determined by the speaker”[H.C.S.O.No.22(1)] .
43. "A Member shall indicate on the notice of any question for written answer in accordance with paragraph(4) of this order …”[H.C.S.O. No.22(3)] .
44. Members could also table oral and written questions by post or electronically from their computers in Westminster or anywhere else in the U.K , or the world (provided they were currently tabled electronically”
45. Westminster parliamentary practice and procedure …op.cit.p.26.
46. UK house of commons Fragmentary Questions (2005),op.cit.p.11.
47. Carrol , Alex Constitutional and Administrative Law .op.cit.p.138 .
48. UK House of Commons : Parliamentary Questions(2005),.op.cit.p.6 .
49. Bradley & Ewing Constitutional and Administrative Law .op.cit.p218 .
50. Carroll ,Alex ; Constitutional and administrative Law . op.cit.p.137.
51. UK House of Commons ; Parliamentary Questions(2005).op.cit.p.4 .
52. UK House of Commons :parliamentary Questions (2005).op.cit.p.11 .
53. In the lost parliamentary session (2003-04) a total of 58.562 questions were tabled of which 3.687 appeared on the order paper for oral answer and 46.163 were put down for ordinary written answer “.
54. UK House of Commons : Parliamentary Questions (2005),op.cit.p.5
55. Carroll , Alex ;Constitutional and Administrative Law .op.cit.p.138.
56. - UK House of Commons : Parliamentary Questions (2005),op.cit.p21 .
57. - Bradley & Ewing ; Constitutional and Administrative Law .op.cit.p.218 .
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
You are free to:
- Share — copy and redistribute the material in any medium or format for any purpose, even commercially.
- Adapt — remix, transform, and build upon the material for any purpose, even commercially.
- The licensor cannot revoke these freedoms as long as you follow the license terms.
Under the following terms:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
You do not have to comply with the license for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation .
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
