Category: devolution issues

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion? – UK Constitutional Law Association

Posted October 18th, 2018 in appeals, devolution issues, freedom of expression, jurisdiction, news, Northern Ireland, sexual orientation discrimination, Supreme Court by sally

‘On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is legally important for how it conceptualises freedom of expression, and for the surprising evidence of judicial overreaching it contains. Given that others have already considered the former issue in some depth (see Chandrachud and Rowbottom on this blog alone), we focus on the latter in this post.’

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UK Constitutional Law Association, 18th October 2018

Source: ukconstitutionallaw.org

Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by tracey

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

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BBC News, 17th April 2018

Source: www.bbc.co.uk

Animal cruelty sentences to rise to five years in prison – BBC News

Posted October 2nd, 2017 in animal cruelty, devolution issues, imprisonment, news, sentencing by sally

‘People in England who commit the most serious crimes of animal cruelty could face up to five years in prison, the government has said.’

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BBC News, 30th September 2017

Source: www.bbc.co.uk

Scotland and Wales begin formal dispute with UK Government over £1bn DUP deal – Daily Telegraph

Posted July 20th, 2017 in devolution issues, financial provision, news, Northern Ireland, Scotland, Wales by tracey

‘The Scottish and Welsh governments have launched a formal dispute with Westminster over their demands for extra funding as a result of the Tory deal with the Democratic Unionist Party.’

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Daily Telegraph, 19th July 2017

Source: www.telegraph.co.uk

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

UKIP, niqabs, burqas – and bans – Law & Religion UK

Posted April 25th, 2017 in devolution issues, freedom of expression, islamic law, news, political parties by sally

‘UKIP has made a commitment in its Manifesto to ban the public wearing of the burqa and niqab. Speaking on the BBC’s Andrew Marr Show on Sunday, UKIP’s leader, Paul Nuttall, said wearing a burqa or niqab in public was a barrier to integration and a security risk and that Muslim women who defied the ban would face a fine. Somewhat counter-intuitively, he also told Andrew Marr that “Manfred Weber, who’s the leader of the biggest group in the European Parliament, is now talking about an EU-wide ban. We can either be on the curve on this or behind the curve.” UKIP also proposes to outlaw sharia in the UK, though Nuttall told Marr that there were no proposals to ban Jewish religious courts because the Jewish population was smaller than the Muslim population.’

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Law & Religion UK, 24th April 2017

Source: www.lawandreligionuk.com

Miller and the modern British Constitution – Counsel

Posted February 22nd, 2017 in constitutional law, devolution issues, EC law, judgments, legislation, news, parliament, prerogative powers, Supreme Court, treaties by sally

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

R (on the application of Miller and another) v Secretary of State for Exiting the European Union – Blackstone Chambers

Posted January 27th, 2017 in brexit, devolution issues, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Following one of the most constitutionally significant legal challenges in a generation, the Supreme Court today handed down its judgment in the Article 50 Brexit appeal. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament. The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.’

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Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Brexit judgment: oil and water don’t mix – Law Society’s Gazette

Posted January 27th, 2017 in brexit, devolution issues, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.’

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Law Society’s Gazette, 26th January 2017

Source: www.lawgazette.co.uk

Defying convention: Supreme Court puts Sewel on the sidelines – UK Human Rights Blog

Posted January 27th, 2017 in devolution issues, EC law, news, parliament, referendums, Scotland, Supreme Court, treaties by sally

‘In the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

Posted October 11th, 2016 in bills, brexit, constitutional law, constitutional reform, devolution issues, EC law, news, repeals, treaties by sally

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

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UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

English votes system ‘unstable’ warn MPs – BBC News

Posted February 11th, 2016 in constitutional reform, devolution issues, news, parliament, reports, select committees by sally

‘The new system of “English Votes for English Laws” is overly complicated and may not last long, MPs have warned.’

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BBC News, 11th February 2016

Source: www.bbc.co.uk

David Cameron ‘must strengthen Evel plans to stop SNP maintaining ban on hunting in England’ – Daily Telegraph

Posted July 15th, 2015 in devolution issues, hunting, news, parliament, political parties, Scotland by tracey

‘David Cameron must strengthen his plans for “English votes for English laws”, senior Tories have said, after the SNP’s Nicola Sturgeon forced him to shelve a vote on relaxing the fox hunting ban in England.’

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Daily Telegraph, 14th July 2015

Source: www.telegraph.co.uk

‘English votes for English laws’ plan to be set out – BBC News

Posted July 2nd, 2015 in bills, constitutional law, constitutional reform, devolution issues, news, parliament, Scotland by sally

‘The government is expected to set out its proposals to give MPs from English constituencies the final say on laws affecting England only.’

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BBC News, 2nd July 2015

Source: www.bbc.co.uk

‘English votes for English laws’ plans unveiled – BBC News

Posted December 16th, 2014 in devolution issues, news, parliament by tracey

‘Commons Leader William Hague has said legislation affecting just England should only be passed “with the consent of the majority” of English MPs.’

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BBC News, 16th December 2014

Source: www.bbc.co.uk

Q&A: How would ‘English votes for English laws’ work? – The Independent

Posted September 23rd, 2014 in constitutional reform, devolution issues, news, parliament by sally

‘Q) What is the concept of English votes for English laws?

A) Basically it’s a smart way of politically packaging the conundrum known as the “West Lothian question” that has been ignored by politicians of all persuasions since it was first posed in the 1970s and Westminster began devolving powers to Scotland, Wales and Northern Ireland. At its heart is this question: Why should Scottish, Welsh and Northern Irish MPs be able to make laws that will not affect the people they represent. For example why should they decide how NHS money is spent when it won’t have any impact on their own constituents?’

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The Independent, 22nd September 2014

Source: www.independent.co.uk

McDonald v HM Advocate – Times Law Reports

Posted November 5th, 2008 in devolution issues, disclosure, law reports, Privy Council, Scotland by sally

McDonald v HM Advocate

Privy Council

“The refusal by the High Court of Justiciary in Scotland to receive a devolution minute was the determination of an issue sufficient to give jurisdiction to the Judicial Committee of the Privy Council to hear an appeal.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.