Category: constitutional law

Tom Hickey: The Republican Core of the Case for Judicial Review – UK Constitutional Law Association

Posted June 25th, 2018 in constitutional law, judicial review, news by sally

‘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.’

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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

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘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.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org

Veronika Fikfak and Hayley J. Hooper: Whither the War Powers Convention? What Next for Parliamentary Control of Armed Conflict after Syria? – UK Constitutional Law Association

Posted April 23rd, 2018 in armed forces, constitutional law, news, parliament, use of force by states, war, weapons by sally

‘On Friday 13 April 2018 the Royal Air Force participated in air strikes (together with the United States and France) to degrade the Syrian regime’s chemical weapons capability and to deter further chemical attacks. This intervention in Syria was not authorised by the UN Security Council, nor was the involvement of British troops approved by the House of Commons. Instead, the decision to send British forces to Syria was made by The Prime Minister Theresa in conjunction with the Cabinet. Readers can view her public statement from 14 April 2018 here. Events unfolded this way despite governmental acknowledgement of a War Powers Convention in the 2011 Cabinet Manual.’

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UK Constitutional Law Association, 20th April 2018

Source: ukconstitutionallaw.org

Leah Trueblood: The Merits and Meaning of a ‘Second’ Referendum – UK Constitutional Law Association

Posted February 5th, 2018 in constitutional law, constitutional reform, news, referendums, treaties by sally

‘Even before the vote on 23 June 2016, questions were raised about the possibility of a ‘second’ referendum. I place the term ‘second’ in inverted commas because the idea that another vote means another referendum reflects a misunderstanding both about (i) what a referendum is and (ii) the role of referendums in the United Kingdom’s constitutional arrangements. On the ‘second’ referendum view, a referendum is synonymous with a vote. This is not the case. I will argue in this post that a referendum is a multi-stage process of referring a question to voters. This does include one vote, but may well include multiple votes. I will also argue that the conflation of referendums with votes underlies many of the flaws of the Brexit referendum in particular and the use of referendums in the United Kingdom in general. This is not a political argument for or against Brexit. It is a constitutional argument about what the role can and should be for voting in the process of constitutional reform through referendums in the United Kingdom.’

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UK Constitutional Law Association, 5th February 2018

Source: ukconstitutionallaw.org

Put constitutional right of access to justice at heart of LASPO review, MPs say – Legal Futures

Posted December 21st, 2017 in civil justice, constitutional law, employment tribunals, fees, legal aid, news, select committees by sally

‘The government review of its legal aid reforms should reflect this summer’s Supreme Court ruling on access to justice as a constitutional right, the justice select committee said.’

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Legal Futures, 21st December 2017

Source: www.legalfutures.co.uk

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

Posted December 11th, 2017 in appeals, constitutional law, detention, exclusion clauses, immigration, jurisdiction, news, rule of law, statutory interpretation, tribunals by sally

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Catalonia: The Right to Secede and the Right to Self-Determination – Oxford Human Rights Hub

Posted October 24th, 2017 in constitutional law, devolution, foreign jurisdictions, news by sally

‘In an address to the Parliament of Catalonia on 10th October 2017, the President of Catalonia issued a ‘suspended’ unilateral declaration of independence (“UDI”) from Spain. The ‘suspended’ UDI followed a controversial independence referendum on 1st October 2017. The referendum, which was mired by protests and attempts by federal police forces to prevent people from voting, had resulted in a vote of 90% in favour of independence with a reported 42% turn-out.’

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Oxford Human Rights Hub, 23rd October 2017

Source: ohrh.law.ox.ac.uk

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law? – UK Constitutional Law Association

Posted October 12th, 2017 in brexit, constitutional law, constitutional reform, EC law, international law, news, treaties by sally

‘Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The latest reminders that the reality will be significantly different from their utopia of a prosperous global Buccaneering Britain has come in the form of a trade dispute between the U.S. and a Canadian aircraft manufacturer which could have a devastating impact on the Northern-Irish economy where the manufacturer has a significant base; and the threat from a gang of countries that they will not accept a proposed agreement (one of the few agreements for now) between the EU and UK as to the divvying up of agricultural import quotas after Brexit. Perhaps most galling on this front is the fact that the gang involves those with whom it was hoped trade deals would be swiftly struck; including the U.S. and New Zealand.’

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UK Constitutional Law Association, 10th October 2017

Source: ukconstitutionallaw.org

High-powered group of legal and constitutional experts to consider rule of law implications of Brexit Bill – Legal Futures

Posted October 9th, 2017 in bills, constitutional law, news, rule of law by sally

‘The Bingham Centre for the Rule of Law has put together a high-powered group of 26 legal, constitutional and other experts under the chairmanship of former Attorney General Dominic Grieve QC MP to consider the implications of the EU (Withdrawal) Bill for the rule of law.’

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Legal Futures, 9th October 2017

Source: www.legalfutures.co.uk

EVENT: The Bar Council – Legal Consequences of Brexit

Posted October 2nd, 2017 in constitutional law, Forthcoming events, legal profession, passports, treaties by sally

‘This seminar, organised jointly by the Bar Council and the Deutscher Anwaltverein (German Bar Association), will offer a platform for a discussion on the legal consequences of Brexit.

It will include topics such as the Art. 50 Litigation and the consequences for constitutional law and passporting and mutual recognition in financial services post-Brexit.’

Date: 20th October 2017, 2.00-5.00pm

Location: The General Council of the Bar, 289 – 293 High Holbon, WC1V 7HZ London

Charge: See website for details

More information can be found here.

Javier Garcia Oliva: Why the Constitutional Treatment of Religion in Great Britain Matters in Religious Disputes – UK Constitutional Law Association

Posted September 27th, 2017 in children, Christianity, Church of England, constitutional law, fostering, human rights, Islam, local government, news, Sikhism, social services by sally

‘Two high profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.’

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UK Constitutional Law Association, 26th September 2017

Source: ukconstitutionallaw.org

Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain – UK Constitutional Law Association

Posted September 18th, 2017 in constitutional law, judges, legislation, news, parliament, rule of law, statutory interpretation, Supreme Court by sally

‘This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them roughly according to the way they come out in his piece. I then examine each in greater detail giving my own views. Finally, I will conclude with some general points about constitutionalism and individual cases.’

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UK Constitutional Law Association, 18th September 2017

Source: ukconstitutionallaw.org

The price of Justice – UK Human Rights Blog

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by sally

‘In R(on the application of UNISON) v Lord Chancellor [2017] UKSC 51, the Supreme Court gave an important judgment regarding the importance of access of justice. The Supreme Court held that the fees imposed by the Lord Chancellor in employment tribunal and employment appeal tribunal cases were unlawful.’

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UK Human Rights Blog, 27th July 2017

Source: ukhumanrightsblog.com

Unison v Lord Chancellor: the things that landmark constitutional cases are made of – UCL Constitution Unit

Posted July 28th, 2017 in constitutional law, employment tribunals, fees, news, Supreme Court by sally

‘On Wednesday the UK Supreme Court ruled court fees for claims before employment tribunals, introduced by the coalition government in 2013, to be illegal. Christina Lienen argues that this judgement is likely to join the ranks of landmark constitutional decisions, given its characterisation of the UK constitution as founded in common law and therefore in the hands of judges rather than politicians.’

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UCL Constitution Unit, 28th July 2017

Source: constitution-unit.com

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association

Posted July 19th, 2017 in bills, constitutional law, constitutional reform, devolution, EC law, news, repeals, select committees, statute law revision by sally

‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’

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UK Constitutional Law Association, 18th July 2017

Source: ukconstitutionallaw.org

Theresa May faces legal challenge over proposed deal with DUP – The Guardian

Posted June 21st, 2017 in agreements, constitutional law, judicial review, news, Northern Ireland, treaties by sally

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

Posted June 7th, 2017 in agreements, bills, brexit, consent, constitutional law, devolution, devolution issues, EC law, international relations, legislation, ministers' powers and duties, news, Northern Ireland, political parties, referendums, repeals, treaties by sally

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

All out war: Brexit & the Chartist movement – New Law Journal

Posted June 2nd, 2017 in brexit, constitutional law, EC law, news, referendums, treason by sally

‘Could the way in which Vote Leave used its NHS funding pledge during the EU referendum campaign amount to the offence of treason felony?’

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New Law Journal, 1st June 2017

Source: www.newlawjournal.co.uk