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Welfare Reform & the Financial Privilege

3 February 2012

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This post, by Jeff King of UCL Laws, originally appeared on the Constitutional Law Group blog

On 1 February 2012, a committee of the House of Commons resolved that the Welfare Reform Bill, which proposes to cap benefits for most families at £26,000 a year, engages the financial privilege of the Commons.  Under such a privilege, the Commons is entitled to 'disagree' with any Lords amendment and ultimately reject it without feeling obliged to provide any reasons other than the existence of the privilege.  By convention, the Lords will accept this determination (though increasingly with protest). I argue below that it would be a mistake to read the financial privilege so broadly, and also that the Lords have both the constitutional power, and good cause, to assert themselves in reply.

Read the full article (pdf)

Addendum clarifying and modifying Welfare Reform and the Financial Privilege (14/02/2012)
 

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