‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’
UK Constitutional Law Association, 8th September 2021
Source: ukconstitutionallaw.org
‘Members of the so-called “Cardiff Five” should be “recognised as victims”, a senior police officer has said.’
BBC News, 9th September 2021
Source: www.bbc.co.uk
SI 2021/1018 – The Crime and Courts Act 2013 (Commencement No. 19) Order 2021
SI 2021/999 – The Compulsory Electronic Monitoring Licence Condition (Amendment) Order 2021
SI 2021/1001 – The Tuberculosis in Animals (England) Order 2021
SI 2021/979 – The Indirect Taxes (Disclosure of Avoidance Schemes) (Amendment) Regulations 2021
Source: www.legislation.gov.uk
‘It is not uncommon to hear the phrase “parental alienation” in family courts in England and Wales. It is a term used to describe all manner of sins, ranging from minor parenting disputes to broad, unmitigated emotional and psychological harm to children. There has been much, and continues to be much, use of the phrase in discussions around the various issues facing the family courts and the appropriateness of the judicial remedies available to counteract it.’
Transparency Project, 7th September 2021
Source: www.transparencyproject.org.uk
High Court (Chancery Division)
PSV 1982 Ltd v Langdon [2021] EWHC 2475 (Ch) (08 September 2021)
High Court (Family Division)
MBC v AM & Ors (DOL Orders for Children Under 16) [2021] EWHC 2472 (Fam) (08 September 2021)
Source: www.bailii.org
‘UK data privacy regulator, the ICO, has published the final version of its age appropriate design code (the Children’s code). This will already be familiar to those providing content intended for children, with refinement of the drafting following consultation with industry and users in 2019. But it reaches further than you might imagine, and it will be important for many organisations to assess and implement compliance in the 12 month transition period allowed for compliance.’
Mills & Reeve, 8th September 2021
Source: www.mills-reeve.com
‘The Government stopped remote working in Parliament in July, leaving some representatives locked out. Now, a cross-section of MPs are calling on the Leader of the House of Commons to reinstate it.’
Each Other, 8th September 2021
Source: eachother.org.uk
‘A man has been given a 14-week suspended sentence and must wear an electronic tag for 40 weeks over a racist comment directed towards black England footballers after the team’s defeat in the Euro 2020 final in July.’
The Guardian, 8th September 2021
Source: www.theguardian.com
‘Hampshire County Council should pay £10,000 in compensation after a mother who was fleeing her ex-partner had her address exposed in a data breach, Portsmouth Magistrates’ Court has ruled.’
Local Government Lawyer, 6th September 2021
Source: www.localgovernmentlawyer.co.uk
‘In April this year, thousands of anonymous reports were shared by students on Everyone’s Invited, a website which encourages young survivors of sexual abuse to share their stories. After these reports were received, Everyone’s Invited decided to name the schools implicated in these accounts. Of the 2,962 schools identified, 2,556 are secondary schools and 406 primary schools and 119 universities. To date, in excess of 51,000 testimonies have been shared on the site.’
3 Hare Court, 1st September 2021
Source: www.3harecourt.com
‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’
Transparency Project, 7th September 2021
Source: www.transparencyproject.org.uk
‘Rules requiring cookie consent pop-ups on websites could be in for a shake-up following a move by the data watchdog which is likely to feature in government plans to reform data protection laws.’
Law Society's Gazette, 7th September 2021
Source: www.lawgazette.co.uk
‘The elections bill, which will be debated in the Commons for the first time on Tuesday, is, according to the government, an ambitious and timely set of plans to ensure elections remain fair and secure. To critics, it is undemocratic and intended to rig elections in favour of the Conservatives. So what does the bill set out?’
The Guardian, 7th September 2021
Source: www.theguardian.com
‘A private landlord will have her appeal of a £7,000 penalty for failure to license a house in multiple occupation (HMO) decided by a different judge after it was initially refused by the First Tier Tribunal (FTT) because her solicitor failed to pay the hearing fee on time, the Upper Tribunal has ruled.’
Local Government Lawyer, 7th September 2021
Source: www.localgovernmentlawyer.co.uk
‘A man who strangled a vulnerable woman during sex after drinking 24 bottles of beer has been sentenced to four years and eight months in prison.’
The Guardian, 7th September 2021
Source: www.theguardian.com
‘The Good Law Project (GLP) has written to the Secretary of State for Education, Gavin Williamson, threatening legal action if he fails to issue guidance that protects vulnerable children and families as schools reopen.’
Local Government Lawyer, 7th September 2021
Source: www.localgovernmentlawyer.co.uk
‘UK religious groups have been accused of “shocking failings” and “blatant hypocrisy” in the way they handle child sex abuse allegations, according to the findings of a recent inquiry.’
Each Other, 7th September 2021
Source: eachother.org.uk
‘Alice Thompson wanted to work shorter hours to pick her daughter up from nursery, but ended up resigning.’
BBC News, 7th September 2021
Source: www.bbc.co.uk
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