Category: referendums

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

Posted November 30th, 2022 in bills, constitutional law, devolution, devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org

New Judgment: Reference by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 – UKSC Blog

Posted November 24th, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish Government drafted a Scottish Independence Referendum Bill which makes provision for a referendum on the question, “Should Scotland be an independent country?”. Under the Scotland Act 1998 (“the Scotland Act”), the power of the Scottish Parliament to make legislation (or its “legislative competence”) is limited. A provision of a Bill will be outside the legislative competence of the Scottish Parliament and therefore not law if it relates to the matters which have been reserved to the United Kingdom Parliament in Westminster (sections 29(1) and (2)(b)). These reserved matters include “the Union of the Kingdoms of Scotland and England” and “the Parliament of the United Kingdom” (Schedule 5, paragraphs 1(b) and (c)).’

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UKSC Blog, 23rd November 2022

Source: ukscblog.com

Supreme court rules against Scottish parliament holding new independence referendum – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

What is the supreme court’s Scottish independence ruling about? – The Guardian

Posted November 23rd, 2022 in bills, constitutional law, devolution, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’

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The Guardian, 23rd November 2022

Source: www.theguardian.com

Supreme Court to rule on indyref2 powers next week – BBC News

Posted November 16th, 2022 in devolution issues, news, parliament, referendums, Scotland, Supreme Court by sally

‘The Supreme Court will deliver its judgement next Wednesday on whether the Scottish Parliament can hold a second independence referendum without Westminster’s approval.’

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BBC News, 16th November 2022

Source: www.bbc.co.uk

Supreme Court indyref2 judgment could take ‘six to eight weeks’, Lord Hope says – The Independent

Posted October 10th, 2022 in bills, constitutional law, devolution issues, news, referendums, Scotland, Supreme Court by tracey

‘The Supreme Court’s judgment on the legality of a Scottish independence referendum could be provided within six to eight weeks, its former deputy president has said.’

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The Independent, 9th October 2022

Source: www.independent.co.uk

Stephen Tierney: The Lord Advocate’s Reference: Referendums and Constitutional Convention – UK Constitutional Law Association

Posted October 6th, 2022 in bills, constitutional law, devolution, news, parliament, referendums, Scotland, statutory interpretation by sally

‘Section 29(1) of the 1998 Act provides that an Act of the Scottish Parliament is not law so far as any provision of the Act is outside the legislative competence of the Parliament. A provision is outside that competence so far as it “relates to reserved matters” (s.29(2)(b)), and whether or not it relates to a reserved matter is to be determined by “reference to the purpose of the provision, having regard (among other things) to its effect in all the circumstances” (s.29(3)).’

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UK Constitutional Law Association, 4th October 2022

Source: ukconstitutionallaw.org

Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

Posted October 4th, 2022 in constitutional law, news, parliament, referendums, Scotland, statutory interpretation, Supreme Court by sally

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

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UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

UK government submits indyref2 argument to Supreme Court – BBC News

Posted August 10th, 2022 in bills, constitutional law, devolution issues, government departments, news, referendums, Scotland, Supreme Court by sally

‘The UK government has submitted its argument in a case that could allow the Scottish Parliament to legislate for another independence referendum.’

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BBC News, 9th August 2022

Source: www.bbc.co.uk

Research briefing: Scottish independence referendum: legal issues – House of Commons Library

Posted August 3rd, 2022 in devolution, news, parliament, referendums, Scotland by tracey

‘A briefing paper on the legal issues surrounding a Scottish independence referendum.’

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House of Commons Library, 2nd August 2022

Source: commonslibrary.parliament.uk

Supreme Court date for indyref2 case set for 11 October – BBC News

Posted July 21st, 2022 in devolution, news, referendums, Scotland, Supreme Court by sally

‘A key court case that could allow the Scottish Parliament to legislate for another independence referendum will hear arguments in October, the Supreme Court has said.’

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BBC News, 21st July 2022

Source: www.bbc.co.uk

Campaigners launch judicial review challenge over decision by council that petition on changing governance arrangements was invalid – Local Government Lawyer

Posted October 29th, 2020 in coronavirus, judicial review, local government, news, referendums, regulations by sally

‘A London borough is facing a judicial review challenge over its decision that a petition calling for a referendum on changes to its governance arrangements was invalid.’

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Local Government Lawyer, 28th October 2020

Source: www.localgovernmentlawyer.co.uk

Judge makes preliminary ruling in Carole Cadwalladr libel case – The Guardian

Posted December 13th, 2019 in brexit, defamation, elections, freedom of expression, interpretation, media, news, referendums, Russia by sally

‘A judge has issued a preliminary ruling in a libel action against the investigative journalist Carole Cadwalladr and warned that broadcasts and public speeches should not be interpreted as though they were formal written texts.’

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The Guardian, 12th December 2019

Source: www.theguardian.com

UK vulnerable to malicious meddling in election, warns study – The Guardian

Posted October 16th, 2019 in elections, fraud, internet, news, political parties, referendums by sally

‘Britain needs to take concerted action to reduce the risk of malicious actors in the UK and abroad from contaminating the results of a looming general election, according to a new study that warns of the risks of public “abuse and deception”.’

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The Guardian, 16th October 2019

Source: www.theguardian.com

Brexit: ‘No evidence’ of crimes by Leave.EU and Arron Banks – BBC News

Posted September 24th, 2019 in brexit, elections, expenses, news, political parties, referendums by tracey

‘The National Crime Agency has found “no evidence” of criminal offences after allegations against Leave.EU and its founder Arron Banks.’

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BBC News, 24th September 2019

Source: www.bbc.co.uk

Parliament had failed on Brexit long before this prorogation – The Guardian

Posted August 30th, 2019 in brexit, constitutional law, EC law, news, parliament, prerogative powers, prorogation, referendums by sally

‘MPs had three years to come up with an alternative to no deal – and they failed.’

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The Guardian, 29th August 2019

Source: www.theguardian.com

Boris Johnson: Court quashes attempt to prosecute prime minister over Brexit bus ‘lies’ – The Independent

Posted August 14th, 2019 in brexit, misfeasance in public office, news, prosecutions, referendums, Supreme Court by michael

‘An attempt to prosecute Boris Johnson over the claim that Britain gave the EU £350m a week has been thrown out by a judge.’

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The Independent, 14th August 2019

Source: www.independent.co.uk

Brexit activist Darren Grimes wins appeal against £20,000 Electoral Commission fine – Daily Telegraph

Posted July 22nd, 2019 in brexit, budgets, EC law, fines, news, ombudsmen, referendums, statutory interpretation by sally

‘Brexit activist Darren Grimes has won an appeal against a £20,000 fine imposed by the Electoral Commission for his activity during the 2016 Brexit referendum.’

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Daily Telegraph, 19th July 2019

Source: www.telegraph.co.uk

High Court judges explain why Boris Johnson won’t face court over alleged Brexit lies: ‘Politicians making false statements is not new’ – The Independent

Posted July 3rd, 2019 in advertising, brexit, misfeasance in public office, news, referendums by sally

‘False statements in political campaigns are “not new”, High Court judges who quashed a court summons for Boris Johnson have said.’

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The Independent, 3rd July 2019

Source: www.independent.co.uk

Brexit: Boris Johnson £350m claim case thrown out by judges – BBC News

Posted June 7th, 2019 in brexit, deceit, misfeasance in public office, news, private prosecutions, referendums by tracey

‘The High Court has thrown out an attempt to prosecute Boris Johnson over claims he lied during the 2016 referendum campaign by saying the UK gave the EU £350m a week.’

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BBC News, 7th June 2019

Source: www.bbc.co.uk