The case for a referendum re-run – New Law Journal
‘How close is Plan B for a People’s Vote? David Wolchover reports.’
New Law Journal, 18th January 2019
Source: www.newlawjournal.co.uk
Category: constitutional law
Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One) – UK Constitutional Law Association
‘Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably in articles by Paul Scott and Tom Hickman in Public Law) and online (including a symposium at the Administrative Law in the Common Law World blog). In this two-part post, I seek to situate the case in its wider constitutional context, and argue that the Supreme Court ought to abandon the narrow approach the courts have adopted so far.’
UK Constitutional Law Association, 18th December 2018
Source: ukconstitutionallaw.org
Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar” – UK Constitutional Law Association
‘The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond.’
UK Constitutional Law Association, 17th December 2018
Source: ukconstitutionallaw.org
Kenneth Armstrong: The Advent of Brexit – Can It Be Paused? – UK Constitutional Law Association
‘As each day passes, a new window seems to be thrown open exposing a fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like an advent calendar for lawyers.’
UK Constitutional Law Association, 12th December 2018
Source: ukconstitutionallaw.org
Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50? – UK Constitutional Law Association
‘Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A formal process would be needed to notify the European Council of the UK’s intention to revoke article 50. Such notice of revocation would have to be unequivocal and unconditional (para 74), and, importantly, ‘in accordance with the constitutional requirements of the Member State’, in this case, the UK, and following a ‘democratic process’ (para 66). It would also have to take place before the end of the Article 50 negotiation period, or any agreed extension, and before a Withdrawal Agreement between the exiting state and the EU had been ‘concluded’ – i.e. entered into force (para 73). In addition, the AG’s opinion was that any revocation would have to be in ‘good faith’ and in line with the requirement of ‘sincere cooperation’ between the Member State and the EU and. Further, although not required, it would be reasonable for the Member State to provide its reasons for revoking the Article 50 notification.’
UK Constitutional Law Association, December 2018
Source: ukconstitutionallaw.org
Lady Hale gives the Michael Ryle Lecture at the House of Lords, London – Supreme Court
‘Should the Law Lords have left the House of Lords?’
Supreme Court, 14th November 2018
Source: www.supremecourt.uk
Peers criticise growing use of ‘Henry VIII’ powers by successive governments – Local Government Lawyer
‘Peers have hit out at the Government’s escalating use of so-called “Henry VIII powers”, describing the practice as “constitutionally objectional”. In a report the House of Lords Constitution Committee criticised the seeking of broad delegated powers that permit the determination as well as the implementation of policy, and in particular the use of such powers to create criminal offences and establish public bodies.’
Local Government Lawyer, 20th November 2018
Source: www.localgovernmentlawyer.co.uk
Peers question government’s approach to Civil Liability Bill – Legal Futures
‘The government should only reject peers’ advice about the use of secondary legislation to enact key parts of legislation like the Civil Liability Bill if there are “clear and compelling reasons”, the House of Lords constitution committee said today.’
Legal Futures, 20th November 2018
Source: www.legalfutures.co.uk
Stephen Tierney: Governing Northern Ireland without an Executive: Quick Fix or Constitutional Minefield? – UK Constitutional Law Association
‘The Northern Ireland (Executive Formation and Exercise of Functions) Bill, which arrives in the House of Lords today, is set to be enacted by way of fast-track legislative procedure this week. The Bill intends to facilitate the formation of an Executive in Northern Ireland while providing for the exercise of executive functions by civil servants in the interim. In effect, the Bill suspends the statutory duty on the Secretary of State to call a Northern Ireland Assembly election. This is little more than a continuation of the present situation in which the UK Government has kept administration in Northern Ireland ticking over since March 2017. Much more controversially, the Bill gives civil servants within Northern Ireland departments general powers for the administration of Northern Ireland, introducing a public interest test for the exercise of these powers.’
UK Constitutional Law Association, 30th October 2018
Source: ukconstitutionallaw.org
Jack Simson Caird: Taking Back Control: Brexit, Parliament and the Rule of Law – UK Constitutional Law Association
‘Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK’s constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis, we argue that the next six months represents a major test for the Rule of Law in the UK.’
UK Constitutional Law Association, 10th October 2018
Source: ukconstitutionallaw.org
Colin Murray: Brexit and the “Constitutional Integrity” of the United Kingdom – UK Constitutional Law Association
‘The Foreign Office records regarding the Paris Peace Conference of 1919 must be amongst the most regularly requested papers held at the National Archives. One file, FO 608/65, is part of the herculean effort to redraw the map of Europe after the First World War. It recounts the efforts of officials and ministers to work out how to provide Poland with meaningful access to the Baltic. The focus of this attention was the port city of Danzig. The two options before the Council of Ten were to include the city as part of Poland, but place limits on how Poland exercised its national sovereignty over this part of its territory, or to create a “free city”, administered by a League of Nations High Commissioner, which was tied into a customs union with Poland. In late March 1919 Lloyd George expressed the UK’s support for the former option in the Council. Behind the scenes, however, the Foreign Office was preparing the alternate plans for a free city, which Lloyd George backed to decisive effect in April 1919. Concerns that this reversal might destabilise the fledgling Polish state were summarily dismissed.’
UK Constitutional Law Association, 25th September 2018
Source: ukconstitutionallaw.org
Tanzil Chowdhury: Statutorising UK Military Deployments and Assessing Anxieties of Their Justiciability – UK Constitutional Law Association
‘The paramount anxieties that emerge from attempts to statutorising Parliament’s role in making decisions on whether to commit military action abroad has not just been to do with deferring power from the executive to the Commons, but also with the potential justiciability of such decisions. While frequent attempts to table such bills are often accompanied with assurances that these fears are misplaced, this post argues that putting Parliament’s role in deployment decisions, considered a matter of high policy, on a statutory footing could pierce the seemingly impermeable veil of non-justiciability that attend them and subject these decisions to common law review – a development that ought to be welcome.’
UK Constitutional Law Association, 17th September 2018
Source: ukconstitutionallaw.org
Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together – Courts and Tribunals Judiciary
‘Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together.’
Courts and Tribunals Judiciary, 10th September 2018
Source: www.judiciary.uk
Trinidad judge loses bid to halt legal inquiry into his private life – The Guardian
‘Judges in London have dismissed an attempt by the chief justice of Trinidad and Tobago to halt a legal investigation into his private life and alleged business dealings.’
The Guardian, 16th August 2018
Source: www.theguardian.com
British expats in EU launch Brexit legal challenge – The Guardian
‘British expatriates have launched a fresh legal challenge against the 2016 referendum, arguing that the result has been invalidated by the Electoral Commission’s ruling on leave campaign spending.’
The Guardian, 14th August 2018
Source: www.theguardian.com
Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association
‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’
UK Constitutional Law Association, 30th July 2018
Source: ukconstitutionallaw.org
James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers – UK Constitutional Law Association
‘On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key implications for UK law and lawyers.’
UK Constitutional Law Association, 26th July 2018
Source: ukconstitutionallaw.org
Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association
‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’
UK Constitutional Law Association, 3rd July 2018
Source: ukconstitutionallaw.org
Tom Hickey: The Republican Core of the Case for Judicial Review – UK Constitutional Law Association
‘Richard Bellamy is right about many things. One of them is that judicial review cannot be defended on the basis of what he calls its “epistemic properties:” on its supposed capacity to bring about better outcomes in disputes about rights. This is because of the fact of reasonable disagreement about rights combined with the fact that the reasons for that disagreement are no less applicable to judges than they are to ordinary citizens. Thus the premise of epistemic cases for judicial review, like those of Rawls and Dworkin, offends democratic principles.’
UK Constitutional Law Association, 25th June 2018
Source: ukconstitutionallaw.org
Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association
‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’
UK Constitutional Law Association, 15th June 2018
Source: ukconstitutionallaw.org
