The Concise Oxford Dictionary of Politics (263 page)
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Authors: Iain McLean
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States General
states' rights
The Tenth Amendment to the US Constitution states: ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ This was a necessary part of the bargain which brought the United States into existence. The Constitution had to be ratified by at least nine of the then thirteen states. The nine had to include at least some Southern states, and therefore there could be no federal condemnation of slavery in the constitution. So on one interpretation, states' rights became, as it has always remained, an issue between the South and the rest of the country ( See
Calhoun
;
Lincoln
). Since the end of the Civil War, the federal government has become more and more involved in states' spheres of influence. This arose in part from the attempt to enforce
civil rights
in the Thirteenth to Fifteenth Amendments to the Constitution (ratified between 1865 and 1870). However, federal intervention in states' affairs did not increase significantly until the economic pressures of the
New Deal
. The Thirteenth to Fifteenth Amendments were not enforced until the 1950s.
Calhoun
;
Lincoln
). Since the end of the Civil War, the federal government has become more and more involved in states' spheres of influence. This arose in part from the attempt to enforce
civil rights
in the Thirteenth to Fifteenth Amendments to the Constitution (ratified between 1865 and 1870). However, federal intervention in states' affairs did not increase significantly until the economic pressures of the
New Deal
. The Thirteenth to Fifteenth Amendments were not enforced until the 1950s.
statism
In development studies, statism means the direction and control of economic and social affairs by the state. The practices included: the mobilization of resources for investment in state-owned and state-managed enterprises; centralized economic planning; the regulation of employment terms and conditions; and other price-distorting interventions in the market. The economic aims are to promote industrialization and protect the country's economy from foreign competition; politically, the state and the government might gain in domestic legitimacy. Inspired more by nationalism than by socialism, statism is compatible with state capitalism. Some features of the statist tradition of many countries in Latin America and Africa were challenged in the 1980s by doctrines of economic liberalism and
structural adjustment
reforms. Statism is also often referred to by the French
dirigisme
and
étatisme
—France, along with Japan, having been classic statist examples from the more developed world.
PBI
structural adjustment
reforms. Statism is also often referred to by the French
dirigisme
and
étatisme
—France, along with Japan, having been classic statist examples from the more developed world.
PBI
statute law
The body of laws passed by the legislature. Statutes may be broadly divided into two. First, Public General Acts—namely, Acts passed by the government of the day—or Acts prepared by
private members
of Parliament winning a place in the ballot. Second, private Acts of Parliament prepared by private interests such as local authorities or members of Parliament on behalf of private interests including companies. Relatively few
private bills
ever become law, as there are a number of procedural rules which make any objection to the context of the private bill amenable to rejection of the entire bill.
Prerogative
powers, the residual powers of the Crown, may be abolished by an express statement contained in an Act of Parliament. For example the Crown Proceedings Act 1947 abolished the immunity of the Crown from being sued in tort and contract.
Statutes may take different forms. Some may consolidate previous law and provide a comprehensive code of up-to-date law. Others may simply amend or reform the law with technical changes which add to existing statutes and over a period of time build up to a comprehensive set of laws covering a particular subject.
A. V. Dicey's view was that Parliament could not bind itself and consequently Parliament may pass any kind of law whatsoever. The exact nature of Parliament's powers has since 1972 and the entry of the United Kingdom into the European Communities raised questions about the sovereignty of the United Kingdom's Acts of Parliament. Recently the House of Lords in
Factortame
[1991] 3 All ER 769, were prepared to override an Act of the UK Parliament which the
European Court of Justice
regarded as inconsistent with European Community (now European Union) law. Dicey's orthodox view of British sovereignty may require adaptation to the changes introduced since 1972 in Britain's membership of the European Union. The likelihood is that UK Acts of Parliament are to be read as consistent with EU law. The extent to which there is inconsistency the UK Act may be held to be invalid or inoperative.
The complete collection of UK statutes are published as a whole in the
Statutes at large
. Modern Statute law is comprehensive, technical, and detailed. There is a heavy reliance on additional powers to make subordinate (secondary) legislation which grants further wide powers. This is in contrast to broadly drafted and general legislation favoured in the Victorian era. The growth in the number of statutory enactments has continued, especially since 1979 with radical reforms introduced by the government to the fundamental statutes of local government and the privatization of many of the nationalized industries. Statutes are of infinite variety and complexity. Since 1965 the Law Commission has been charged with the responsibility by Parliament, of codifying and simplifying the law. It also attempts to identify and keep under review any out-of-date statutes. A common criticism is that the drafting of statutes is overelaborate with the result that the meaning is often obscure. Attempts to rectify this criticism have resulted from demands for clearer English in drafting statutes.
JM
private members
of Parliament winning a place in the ballot. Second, private Acts of Parliament prepared by private interests such as local authorities or members of Parliament on behalf of private interests including companies. Relatively few
private bills
ever become law, as there are a number of procedural rules which make any objection to the context of the private bill amenable to rejection of the entire bill.
Prerogative
powers, the residual powers of the Crown, may be abolished by an express statement contained in an Act of Parliament. For example the Crown Proceedings Act 1947 abolished the immunity of the Crown from being sued in tort and contract.
Statutes may take different forms. Some may consolidate previous law and provide a comprehensive code of up-to-date law. Others may simply amend or reform the law with technical changes which add to existing statutes and over a period of time build up to a comprehensive set of laws covering a particular subject.
A. V. Dicey's view was that Parliament could not bind itself and consequently Parliament may pass any kind of law whatsoever. The exact nature of Parliament's powers has since 1972 and the entry of the United Kingdom into the European Communities raised questions about the sovereignty of the United Kingdom's Acts of Parliament. Recently the House of Lords in
Factortame
[1991] 3 All ER 769, were prepared to override an Act of the UK Parliament which the
European Court of Justice
regarded as inconsistent with European Community (now European Union) law. Dicey's orthodox view of British sovereignty may require adaptation to the changes introduced since 1972 in Britain's membership of the European Union. The likelihood is that UK Acts of Parliament are to be read as consistent with EU law. The extent to which there is inconsistency the UK Act may be held to be invalid or inoperative.
The complete collection of UK statutes are published as a whole in the
Statutes at large
. Modern Statute law is comprehensive, technical, and detailed. There is a heavy reliance on additional powers to make subordinate (secondary) legislation which grants further wide powers. This is in contrast to broadly drafted and general legislation favoured in the Victorian era. The growth in the number of statutory enactments has continued, especially since 1979 with radical reforms introduced by the government to the fundamental statutes of local government and the privatization of many of the nationalized industries. Statutes are of infinite variety and complexity. Since 1965 the Law Commission has been charged with the responsibility by Parliament, of codifying and simplifying the law. It also attempts to identify and keep under review any out-of-date statutes. A common criticism is that the drafting of statutes is overelaborate with the result that the meaning is often obscure. Attempts to rectify this criticism have resulted from demands for clearer English in drafting statutes.
JM
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