Council decision to keep asylum seekers who were putative children in hotel accommodation was unlawful, High Court rules – Local Government Lawyer

‘The London Borough of Brent breached its section 20 duties under the Children Act 1989 when it chose not to provide proper accommodation to unaccompanied asylum seekers while awaiting an assessment of their age, a High Court judge has ruled.’

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Local Government Lawyer, 26th October 2021

Source: www.localgovernmentlawyer.co.uk

David Davis vows to lead rebellion against judicial review changes – The Guardian

‘The former cabinet minister David Davis has pledged to lead a rebellion against the government’s changes to judicial review, calling them a worrying assault on the legal system and attempt to avoid accountability.’

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The Guardian, 25th October 2021

Source: www.theguardian.com

Research briefing: Regulation of fireworks – House of Commons Library

Posted October 25th, 2021 in explosives, news, parliament by tracey

‘There are strict rules in place in the UK regulating the sale, possession and use of fireworks. This Commons briefing paper provides an overview of the current legislative provisions regulating the supply and use of fireworks in England & Wales and (in the main) Scotland.’

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House of Commons Library, 19th October 2021

Source: commonslibrary.parliament.uk

Research briefing: Police powers: an introduction – House of Commons Library

Posted October 25th, 2021 in crime prevention, criminal justice, investigatory powers, news, parliament, police by tracey

‘This commons library briefing paper introduces a series on police powers.’

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House of Commons Library, 21st October 2021

Source: commonslibrary.parliament.uk

Neuberger ‘unconvinced’ by JR reform arguments – Law Society’s Gazette

‘The former president of the Supreme Court has revealed that he is ‘unconvinced’ by a major argument used to justify the government’s controversial judicial review reforms.’

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Law Society's Gazette, 22nd October 2021

Source: www.lawgazette.co.uk

‘Huge increase in political litigation’: Braverman defends JR reforms – Law Society’s Gazette

Posted October 22nd, 2021 in attorney general, bills, judicial review, judiciary, news, parliament, Supreme Court by sally

‘The attorney general has defended the government’s decision to reform judicial review, telling public law specialists that cases such as the Article 50 and prorogation challenges have introduced ‘uncertainty’ into the constitutional balance between parliament, government and the courts.’

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Law Society's Gazette, 19th October 2021

Source: www.lawgazette.co.uk

Attorney General hits out at rise in “political litigation” and defends reforms to judicial review – Local Government Lawyer

Posted October 21st, 2021 in attorney general, constitutional law, judicial review, judiciary, news, parliament by sally

‘The last decade or so has demonstrated an increased appetite for political litigation, “and, more worryingly, an appetite for putting judges in an invidious position”, by asking them to decide essentially political matters on applications for judicial review, the Attorney General has claimed.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Is Prevent a waste of time? – Daily Telegraph

‘As the counter-terrorism programme comes under scrutiny again following the killing of Sir David Amess, is it fit for purpose?’

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Daily Telegraph, 18th October 2021

Source: www.telegraph.co.uk

Can Online Safety Bill tackle social media abuse of MPs? – BBC News

‘Following an outpouring of sadness after the murder of Conservative MP Sir David Amess, his colleagues from across the Commons have been raising concerns for their own safety.’

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BBC News, 20th October 2021

Source: www.bbc.co.uk

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association

‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’

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UK Constitutional Law Association, 18th October 2021

Source: ukconstitutionallaw.org

Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent

‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Research Briefing: Financial support for family and friends carers (kinship carers) – House of Commons Library

Posted October 15th, 2021 in carers, families, fostering, local government, news, parliament, remuneration by tracey

‘This House of Commons Library briefing paper considers what help is available for grandparents and other family and friends carers (also known as kinship carers) looking after children where their parents are not in a position to do so.’

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House of Commons Library , 7th October 2021

Source: commonslibrary.parliament.uk

MPs prepare to debate judicial review reforms – Law Society’s Gazette

Posted October 15th, 2021 in bills, consultations, judicial review, Ministry of Justice, news, parliament by tracey

‘MPs will soon have their first opportunity to debate the government’s controversial judicial review reforms. The Judicial Review and Courts Bill has its second reading in the House of Commons on Monday.’

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Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk

MP Claudia Webbe could face jail after harassment conviction – The Guardian

Posted October 14th, 2021 in criminal records, harassment, news, parliament, threatening behaviour by sally

‘The MP Claudia Webbe is facing a potential jail sentence and demands to stand down from her seat after being found guilty of a campaign of harassment including threatening an acid attack.’

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The Guardian, 13th October 2021

Source: www.theguardian.com

Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library

‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

Insight: Sarah Everard’s murder: Home Secretary commissions public inquiry – House of Commons Library

‘Priti Patel has launched a non-statutory inquiry following the sentencing of Sarah Everard’s killer. The chair and terms of reference have yet to be announced.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

Supreme Court upholds challenge to two Holyrood bills – BBC News

Posted October 7th, 2021 in bills, devolution issues, news, parliament, Scotland, Supreme Court by sally

‘Judges at the Supreme Court have ruled that provisions in two bills passed by MSPs were beyond Holyrood’s powers.’

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BBC News, 7th October 2021

Source: www.bbc.co.uk

Mark K Heatley: The continued use of Private Acts of Parliament in United Kingdom – UK Constitutional Law Association

‘Over the past 50 years, around four Private Acts of Parliament have been enacted annually, with a maximum of 23 in 1992. Private Acts of Parliament (PA) include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, and personal Acts that benefit individuals. No personal Acts have been enacted since 1987.’

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UK Constitutional Law Association, 4th October 2021

Source: ukconstitutionallaw.org

Research Briefing: Policing in the UK – House of Commons Library

Posted October 1st, 2021 in news, parliament, police by tracey

‘This briefing explains the key concepts underpinning the British model of policing. It introduces the key actors in UK policing. It provides a brief introduction to UK police forces and discusses their performance.’

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House of Commons Library, 29th September 2021

Source: commonslibrary.parliament.uk

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org