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Open Access. Powered by Scholars. Published by Universities.®

2008

Law and Society

Noel Cox

Articles 1 - 3 of 3

Full-Text Articles in Law

Peerage Privileges Since The House Of Lords Act 1999, Noel Cox Aug 2008

Peerage Privileges Since The House Of Lords Act 1999, Noel Cox

Noel Cox

The recent and ongoing reform of the House of Lords in the United Kingdom, which has thus far seen the passage of the House of Lords Act 1999, which excluded almost all hereditary peers and peeresses from the House, has focused attention upon the appointment process for membership of the upper house, whether hereditary, appointed, or elected. Less attention has been paid to the role of the peerage. Though officially it is said that any proposals for substantial reform of the composition of the Lords will have to look at the Lords’ role, powers and procedures and its relationship with …


Hard And Soft Constitutionalism, Noel Cox Aug 2008

Hard And Soft Constitutionalism, Noel Cox

Noel Cox

This article looks at some of the theories that have been posited to help explain the rise and fall of civilisations. This article introduces the concept of the hard and soft constitution. Briefly, this is the principle that the flexibility of the constitution – it liberality – has a direct effect upon the success or failure of the state. The more flexible (or soft) the constitution the greater is the likelihood of success, as flexibility requires the development of shared power, dynamic tension, yet an overall cohesion that brings much needed political, social and economic stability.


The Rise And Fall Of States: Some Constitutional Modelling, Noel Cox Aug 2008

The Rise And Fall Of States: Some Constitutional Modelling, Noel Cox

Noel Cox

From Gibbons’ Decline and Fall of the Roman Empire, onwards – and indeed even earlier – there have been various attempts to explain the apparent mystery of why some civilisations rose and fell, apparently without reason, or at least without reasons that were readily apparent to the later observer (or indeed to the contemporary observer). Some of these studies have sought to identify key political or military influences – or the advent of a new technology – as affecting success or failure. Others have emphasised structural elements, such as the existence or absence of critical environmental factors. In a comparatively …