Category: parliament

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

Posted November 10th, 2016 in bills, brexit, constitutional law, EC law, media, news, parliament, referendums, royal prerogative, treaties by sally

‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’

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UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association

Posted November 10th, 2016 in constitutional law, EC law, news, parliament, references to European Court, Supreme Court, treaties by sally

‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Lords justice spokesman condemns ‘ill-informed’ attacks on judiciary – The Guardian

Posted November 9th, 2016 in freedom of expression, judiciary, lord chancellor, media, ministers' powers and duties, news, parliament by sally

‘The Lords’ spokesperson for the ministry of justice has condemned “ill-informed” media attacks on judges, as political pressure mounts for Liz Truss to speak out more clearly in defence of judicial independence.’

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The Guardian, 8th November 2016

Source: www.guardian.co.uk

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 9th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association

Posted November 8th, 2016 in appeals, constitutional law, EC law, legislation, news, parliament, treaties by sally

‘The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Brexit: Former top judge warns over Article 50 appeal – BBC News

Posted November 8th, 2016 in appeals, brexit, EC law, judges, media, news, parliament, treaties by sally

‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Liz Truss defends judiciary after Brexit ruling criticism – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘The lord chancellor, Liz Truss, has broken her silence on the high court’s Brexit ruling, saying the independence of the judiciary was the “foundation upon which our rule of law is built”.’

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The Guardian, 5th November 2016

Source: www.guardian.co.uk

Nick Barber and Jeff King: Responding to Miller – UK Constitutional Law Association

Posted November 7th, 2016 in EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘The most surprising thing about the decision in R (Miller) v Secretary of State for Exiting the European Union is that so many people have found the decision surprising. The reasoning in the case – essentially, that the executive is unable to use the prerogative to remove statutory rights – rests on a clear line of case-law going back four hundred years, and turns on a foundational principle of constitutional law. It is unremarkable that three of the country’s leading judges – the Master of the Rolls, the Lord Chief Justice, and the leading public law judge in the Court of Appeal – were able to produce a unanimous, clear, judgment restating this orthodoxy. The only remarkable thing about the judgment is how such quality was produced under such extraordinary time and political pressure.’

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UK Constitutional Law Association, 7th November 2016

Source: www.ukconstitutionallaw.org

The vicious assault on UK judges by the Brexit press is a threat to democracy – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, media, news, parliament, referendums, treaties by sally

‘The judiciary is a vital pillar of our constitution. The government must defend it from these unconscionable attacks – or put all our freedoms at risk.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk

Brexit high court decision means nothing has been ruled out – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Parliament has been jolted back to life by three judges, and the British political landscape is once again one of fury, division and uncertainty.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Truss and May forced to defend article 50 judges after public backlash – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Theresa May and her justice secretary, Liz Truss, have been forced to defend the three high court judges who made the controversial high court judgment about Brexit in the face of days of public backlash.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by tracey

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

Sir Philip Green in firing line as Pensions Regulator begins enforcement action over BHS’s £571m pension deficit – Daily Telegraph

Posted November 3rd, 2016 in enforcement notices, news, parliament, pensions by tracey

‘The Pensions Regulator has begun enforcement action against a number of parties including Sir Philip Green after failing to reach a deal to plug BHS’s £571m pension deficit. In a dramatic development, the regulator, which has been in talks with Sir Philip and his Taveta group of companies over the retailer’s pension fund since BHS collapsed in late April, issued a warning notice to the Top Shop entrepreneur setting out why it believes he is liable to support the scheme.’

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Daily Telegraph, 2nd November 2016

Source: www.telegraph.co.uk

High Court to rule on Brexit legal battle and Theresa May’s decision to use the royal prerogative – Daily Telegraph

Posted November 3rd, 2016 in brexit, EC law, elections, news, parliament, referendums, treaties by tracey

‘This morning the High Court will rule on a court action against Theresa May to prevent her using executive powers under the royal prerogative to start the process of leaving the European Union.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

Culture Secretary statement to Parliament on press regulation issues – Home Office

Posted November 2nd, 2016 in consultations, corruption, inquiries, media, parliament, police, press releases by tracey

‘Culture Secretary Karen Bradley gave an oral statement to Parliament on a consultation seeking views on two issues relating to the Leveson Inquiry.’

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Home Office, 1st November 2016

Source: www.gov.uk/home-office

Finger on the trigger – New Law Journal

Posted October 31st, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Does triggering Art 50 require a prior Act of Parliament, asks Michael Zander QC.’

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New Law Journal, 12th October 2016

Source: www.newlawjournal.co.uk

‘Addictive’ high-stake betting machines under review by sport minister – The Guardian

Posted October 25th, 2016 in children, gambling, news, parliament, regulations by michael

‘Ministers have launched a review of the gambling industry, including fixed odds betting terminals (FOBTs) that have been accused of being highly addictive.’

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The Guardian, 24th October 2016

Source: www.guardian.co.uk

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union – UK Constitutional Law Association

Posted October 21st, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week.’

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UK Constitutional Law Association, 14th October 2016

Source: www.ukconstitutionallaw.org

Parliament ‘very likely’ to be asked to agree Brexit deal – The Guardian

Posted October 19th, 2016 in brexit, EC law, news, parliament, treaties by sally

‘Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.’

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The Guardian, 18th October 2016

Source: www.guardian.co.uk

House of Lords researcher jailed for 1,000 indecent images of children on Parliament laptop – The Independent

Posted October 19th, 2016 in indecent photographs of children, news, parliament, pornography, sentencing by sally

‘A House of Lords researcher who worked for a Conservative peer has been jailed after being caught accessing child pornography on parliamentary computers.’

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The Independent, 19th October 2016

Source: www.independent.co.uk