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In the United Kingdom, representative peers were those peers elected by the members of the Peerage of Scotland and the Peerage of Ireland to sit in the British House of Lords. At this time, all members of the Peerage of England held the right to sit in the House of Lords; they did not elect a limited group of representatives. All peers who were created after 1707 as Peers of Great Britain and after 1801 as Peers of the United Kingdom held the same right to sit in the House of Lords. Representative peers were introduced in 1707, when the Kingdom of England and the Kingdom of Scotland were united into the Kingdom of Great Britain. At the time, there were 168 English and 154 Scottish peers. The English peers feared that the House of Lords would be swamped by the Scottish element, and consequently the election of a small number of representative peers to represent Scotland was negotiated.〔 A similar arrangement was adopted when the Kingdom of Great Britain and the Kingdom of Ireland merged into the United Kingdom of Great Britain and Ireland in January 1801. Scotland was allowed to elect sixteen representative peers, while Ireland could elect twenty-eight. Those chosen by Scotland sat for a single term, and following each dissolution new Scottish peers were elected. In contrast, Irish representative peers sat for life. Elections for Irish peers ceased when the Irish Free State came into existence as a Dominion in December 1922. However, already-elected Irish peers continued to be entitled to sit until their death. Elections for Scottish peers ended in 1963, when all Scottish peers obtained the right to sit in the House of Lords. Under the 1999 House of Lords Act, a new form of representative peer was introduced to allow some hereditary peers to stay in the House of Lords.〔 ==Scotland== Under articles XXII and XXIII of the Act of Union of 1707, Scottish peers were entitled to elect sixteen representative peers to the House of Lords.〔 Each served for one Parliament or a maximum of seven years, but could be re-elected during future Parliaments. Upon the summons of a new Parliament, the Sovereign would issue a proclamation summoning Scottish peers to the Palace of Holyroodhouse. The elections were held in the Great Gallery, a large room decorated by eighty-nine of Jacob de Wet's portraits of Scottish monarchs, from Fergus Mór to Charles II. The Lord Clerk Register would read out the Peerage Roll as indicates his presence when called. The Roll was then re–read, with each peer responding by publicly announcing his votes and the return being sent to the clerk of the crown at London. The same procedure was used whenever a vacancy arose. The block voting system was used, with each peer casting as many votes as there were seats to be filled. The system, however, permitted the party with the greatest number of peers, normally the Conservatives, to procure a disproportionate number of seats, with opposing parties sometimes being left entirely unrepresented. The Lord Clerk Register was responsible for tallying the votes. The return issued by the Lord Clerk Register was sufficient evidence to admit the representative peers to Parliament; however, unlike other peers, Scottish representatives did not receive writs of summons. The position and rights of Scottish peers in relation to the House of Lords remained unclear during most of the eighteenth century. In 1711, The 4th Duke of Hamilton, a peer of Scotland, was made Duke of Brandon in the Peerage of Great Britain. When he sought to sit in the House of Lords, he was denied admittance, the Lords ruling that a peer of Scotland could not sit in the House of Lords unless he was a representative peer, even if he also held a British peerage dignity. They reasoned that the Act of Union 1707 had established the number of Scots peers in the House of Lords at no more and no less than sixteen. In 1782, however, the House of Lords reversed the decision,〔 holding that the Crown could admit anyone it pleases to the House of Lords, whether a Scottish peer or not, subject only to qualifications such as being of full age.〔 Under the Peerage Act 1963, all Scottish peers procured the right to sit in the House of Lords, and the system of electing representative peers was abolished.〔(【引用サイトリンク】title=Peerage Act 1963 )〕 Scottish as well as British and English hereditary peers lost their automatic right to sit in the Upper House with the passage of the House of Lords Act 1999. During the debate on the House of Lords Bill, a question arose as to whether the proposal would violate the Treaty of Union. In suggesting that the Bill did indeed violate the Articles of Union, it was submitted that, prior to Union, the Estates of Parliament, Scotland's old, pre-Union parliament, was entitled to impose conditions, and that one fundamental condition was a guarantee of representation of Scotland in both Houses of Parliament at Westminster. It was implied, furthermore, that the Peerage Act of 1963 did not violate the requirement of Scottish representation, set out in the Article XXII of the Treaty of Union, by allowing all Scottish peers to sit in the House of Lords: as long as a minimum of sixteen seats were reserved for Scotland, the principles of the Article would be upheld.〔 It was further argued that the only way to rescind the requirement of Article XXII would be to dissolve the Union between England and Scotland,〔 which the House of Lords Bill did not seek to do.〔 Counsel for the Government held a different view. It was noted that the Peerage Act 1963 explicitly repealed the portions of the Articles of Union relating to elections of representative peers, and that no parliamentary commentators had raised doubts as to the validity of those repeals. As Article XXII had been, or at least purportedly, repealed, there was nothing specific in the Treaty that the bill transgressed. It was further asserted by the Government that Article XXII could be repealed because it had not been entrenched. Examples of entrenched provisions are numerous: England and Scotland were united "forever", the Court of Session was to remain "in all time coming within Scotland as it is now constituted",〔(【引用サイトリンク】title=Union With England Act 1707 )〕 and the establishment of the Church of Scotland was "effectually and unalterably secured".〔(【引用サイトリンク】title=Appendix 3 'Case for Her Majesty's Government' )〕 Article XXII, however, did not include any words of entrenchment, making it "fundamental or unalterable in all time coming". Further, the Government pointed out that, even if the election of Scottish peers were entrenched, Parliament could amend the provision under the doctrine of Parliamentary sovereignty. Though the position of the Church of Scotland was "unalterably" secured, the Universities (Scotland) Act 1853 repealed the requirement that professors declare their faith before assuming a position. In Ireland, the Church of Ireland was entirely disestablished in 1869, though the Articles of Union with Ireland had clearly entrenched the establishment of that body. In December 1922, the Union with most of Ireland was dissolved upon the creation of the Irish Free State,〔(【引用サイトリンク】title=Early Irish Law and Brehon law )〕 though Great Britain and all of Ireland were supposedly united "forever." It was therefore suggested that Parliament could, if it pleased, repeal an Article of Union as well amend as any underlying principle. The Privileges Committee unanimously found that the Articles of Union would not be breached by the House of Lords Bill if it were enacted.〔 The bill did receive Royal Assent, and from 1999, hereditary peers have not had the automatic right to sit in Parliament. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Representative peer」の詳細全文を読む スポンサード リンク
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