Jack Simson Caird: The European Union (Withdrawal Agreement) Bill and the Rule of Law – UK Constitutional Law Association

Posted January 20th, 2020 in bills, brexit, constitutional law, courts, EC law, news, parliament, rule of law by sally

‘The general election on 12 December 2019 has fundamentally changed the political dynamic driving the Brexit process. The European Union (Withdrawal Agreement) Bill (WAB), which will become law before 31 January 2020, has been substantially revised (from the version which was presented in October 2019) to reflect this Government’s approach to Brexit. The Bingham Centre for the Rule of Law has published a report that looks in depth at some of the main Rule of Law issues in the WAB. This version of the WAB indicates that this Government will take a different approach from the previous one in terms of dealing with some of the key constitutional issues arising from Brexit. This post examines some of the Rule of Law implications of the main constitutional issues in the WAB.’

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UK Constitutional Law Association, 16th January 2020

Source: ukconstitutionallaw.org

Brexit: What You Need To Know On Unaccompanied Child Refugee Rights – Each Other

Posted January 15th, 2020 in asylum, bills, brexit, children, EC law, families, news, refugees by sally

‘The latest version of Withdrawal Agreement Bill (WAB) – which will write prime minister Boris Johnson’s Brexit deal into law – is being debated in the House of Lords this week.’

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Each Other, 14th January 2020

Source: eachother.org.uk

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety? – UK Constitutional Law Association

‘The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law and, in particular, the controversial, but little discussed Clause 26 which (as Lord Pannick remarked in a recent article in the Times) requires particularly careful scrutiny.’

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UK Constitutional Law Association, 14th January 2020

Source: ukconstitutionallaw.org

Campaigners call for laws to back up farming standards assurances – The Guardian

Posted January 8th, 2020 in agriculture, animals, brexit, EC law, news, standards by sally

‘The government will move to reassure the public that Britain’s current high standards on animal welfare and farming will be maintained after Brexit with a pledge to ensure future trade deals live up to the values of farmers and consumers.’

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The Guardian, 8th January 2020

Source: www.theguardian.com

5 UK Human Rights Issues and Trends to Watch in 2020 – Each Other

‘From landmark legal cases to a landslide general election result, and civil disobedience to constitutional upheaval – the UK had no shortage of human rights news stories in 2019.’

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Each Other, 6th January 2020

Source: eachother.org.uk

10 cases that defined 2019 – UK Human Rights Blog

‘And so, we reach the end of another year. And what a year it has been. As well perhaps the most tumultuous period in British politics for decades, this year saw the first ever image taken of a black hole, a victory for the England men’s cricket team at the World Cup, the discovery of a new species of prehistoric small-bodied human in the Philippines and signs that humpback whale numbers in the South Atlantic have bounced back thanks to intensive conservation efforts. And the law? Well, rather a lot has happened really. As the festive season draws near, what better way is there to celebrate than to rewind the clock and relive the 10 cases which have defined 2019?’

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UK Human Rights Blog, 19th December 2019

Source: ukhumanrightsblog.com

Why ‘where’ matters – jurisdiction considerations for international divorces – Family Law

Posted December 20th, 2019 in brexit, divorce, EC law, families, foreign jurisdictions, international law, jurisdiction, news by tracey

‘The question of whether to seek a divorce is one over which many people agonise. However, for divorcing couples with international connections, the associated questions of when and in which country to get divorced are also extremely important considerations, and ones which can have serious repercussions for the outcome.’

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Family Law, 18th December 2019

Source: www.familylaw.co.uk

Lady Hale warns UK not to select judges on basis of political views – The Guardian

‘The government should not select judges on the basis of their political views as they do in the US, the outgoing president of the supreme court, Lady Hale, has warned.’

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The Guardian, 18th December 2019

Source: www.theguardian.com

Election candidate guilty of harassing MP Anna Soubry – BBC News

Posted December 17th, 2019 in brexit, harassment, news, political parties, sentencing by tracey

‘A Brexit activist who was “obsessed” with former MP Anna Soubry has been jailed for 28 days for harassing her.’

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BBC News, 16th December 2019

Source: www.bbc.co.uk

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

Settled Status, Permanent Residence and Indefinite Leave to Remain – Richmond Chambers

Posted December 4th, 2019 in brexit, citizenship, immigration, news, passports, time limits by sally

‘With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration Rules.’

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Richmond Chambers, 25th November 2019

Source: immigrationbarrister.co.uk

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

‘Deplorable and terrible’: Bar warned of UK’s dwindling role on world stage – Law Society’s Gazette

‘The United Kingdom’s legal status on the global stage is under threat, an international law expert has warned, citing Brexit, the prorogation of Parliament and the dwindling count of UK judges serving on the benches of international judges.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

Legislating for a new framework – Law Society’s Gazette

Posted November 25th, 2019 in bills, brexit, climate change, environmental health, environmental protection, news by sally

‘On 15 October the Environment Bill was published. The first half of the bill was originally published in December 2018 as the Environmental (Principles and Governance) Bill.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

General election: Brexiteer running against Anna Soubry banned from constituency after harassing MP – The Independent

Posted November 21st, 2019 in bail, brexit, elections, harassment, news, restraining orders by tracey

‘A Brexiteer who is running against Anna Soubry in the general election has been convicted of harassing the Change UK leader. Amy Dalla Mura was banned from entering the Broxtowe constituency at Westminster Magistrates’ Court on Wednesday.’

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The Independent, 20th November 2019

Source: www.independent.co.uk

Miller 2, the Supreme Court and the politics of constitutional interpretation – Counsel

Posted November 20th, 2019 in brexit, constitutional law, news, parliament, prorogation, Supreme Court by sally

‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Anthony Arnull: The European Union (Withdrawal Agreement) Bill – UK Constitutional Law Association

Posted November 4th, 2019 in bills, brexit, constitutional law, news by sally

‘The European Union (Withdrawal Agreement) Bill is intended to give effect in the UK to the Withdrawal Agreement (WA) agreed by the UK with the EU-27 on 1 October 2019. The Bill received its second reading on 22 October 2019 and is currently in ‘limbo’ pending the start of the committee stage. If and when it is adopted, the Bill will make significant amendments to (inter alia) the European Union (Withdrawal) Act 2018 (EUWA).’

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UK Constitutional Law Association, 4th November 2019

Source: ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’

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Six Pump Court, 23rd October 2019

Source: www.6pumpcourt.co.uk

How Brexit may have changed Parliament forever – OUP Blog

Posted October 30th, 2019 in brexit, constitutional law, news, parliament by sally

‘During 2019, the Brexit process has radically changed the dynamics between the prime minister and the House of Commons. Normally the United Kingdom’s government, led by the prime minister and her Cabinet, provides leadership, and drives and implements policy while Parliament exercises control over the government by scrutinising its actions and holding it to account. This is a carefully balanced relationship, although a government with a strong majority can dominate decision making in the House of Commons.’

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OUP Blog, 30th October 2019

Source: blog.oup.com