‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’
OUT-LAW.com, 30th March 2017
Source: www.out-law.com
‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’
UK Constitutional Law Association, 28th March 2017
Source: www.ukconstitutionallaw.org
‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’
UK Constitutional Law Association, 7th March 2017
Source: www.ukconstitutionallaw.org
‘The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. The High Court said that the substantive rights arising out of EU law and the European Communities Act 1972, in employment, environment, consumer protection, competition or free movement, could not be abolished merely by the exercise of the royal prerogative. This was a standard interpretation of existing law, adapted for the context of Article 50. The Supreme Court accepted that this was correct, but added one additional reason.’
UK Constitutional Law Association, 30th January 2017
Source: www.ukconstitutionallaw.org
‘A major review into the UK’s gender discrimination laws is to be launched amid fears a potential post-Brexit move towards a lower regulation economy could see protections eroded.’
The Guardian, 30th January 2017
Source: www.guardian.co.uk
‘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.’
UK Constitutional Law Association, 10th October 2016
Source: www.ukconstitutionallaw.org
‘The historic proposal aims to end the European Union’s legal supremacy in the UK by converting all EU requirements into British law as soon as Britain exits the bloc.’
The Independent, 3rd October 2016
Source: www.independent.co.uk
‘Conservative ministers are planning to repeal an array of official guidance on animal welfare standards, starting with a move to put the code on chicken-farming into the hands of the poultry industry.’
The Guardian, 25th March 2016
Source: www.guardian.co.uk
‘The battle to save the Human Rights Act takes to the streets this week with crowdfunded billboards focusing on those who have used the legislation to obtain justice.’
The Guardian, 19th October 2015
Source: www.guardian.co.uk
‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’
UK Constitutional Law Association, 27th July 2015
Source: www.ukconstitutionallaw.org
‘It will be impossible to enforce human rights across Europe if the Conservative party carries out its threat to withdraw from the Strasbourg court, the former attorney general Dominic Grieve QC has warned.’
The Guardian, 11th June 2015
Source: www.guardian.co.uk
‘A petition calling for a referendum on whether Britain should repeal the Human Rights Act has attracted more than 235,000 signatures as opposition to the Conservative government’s plans to scrap it grows.’
The Independent, 11th June 2015
Source: www.independent.co.uk
‘The UK’s democratic liberties are the envy of the world. They are also precarious. We have no written constitution, and the unwritten traditions on which we rely instead are increasingly being called into question. Human rights, the monarchy, Europe, the sovereignty of Parliament, the formation of governments – are there any first principles on which we can agree? On the eve of the 800th anniversary of Magna Carta, Andy McSmith kicks off a week-long series on a subject of vital national importance’.’
The Independent, 7th June 2015
Source: www.independent.co.uk
‘An Act from 1979 allowing referendums for a Scottish Parliament and Welsh Assembly is among legislation being recommended for repeal by the Law Commissions.’
Law Commission, 3rd June 2015
Source: www.lawcommission.justice.gov.uk
‘Legislation dating back to the reign of King Henry II – preventing removal of debtors’ goods from beyond their native county – will shortly disappear from the UK’s lawbooks.’
The Guardian, 3rd June 2015
Source: www.guardian.co.uk
‘A Conservative former lord chancellor has opposed calls for Britain to withdraw from the European convention on human rights, arguing that it would send out the wrong signal.’
The Guardian, 1st June 2015
Source: www.guardian.co.uk
‘So we finally we have some clarity. Of the many statements, quasi-proposals and rumours affecting constitutional reform which had been swirling around during the term of the last coalition government, we now know which will see the light of day as official government policy. With the surprise Conservative majority government, it is now clear that the Human Rights Act will be repealed and replaced with a British Bill of Rights and there will be a referendum on EU membership by 2017 at the latest. Given that many of these issues had already been touted by one part of the coalition, many, if not most, of the constitutional and political implications, and particularly the difficulties, of these proposals have already been thrashed out in different forums such as the recent report co-edited by my colleague Tobias Lock, as well as, of course, on the pages of this blog. I have read and benefited from these excellent insights and so have nothing to add here to the substance of these issues.’
UK Constitutional Law Association, 25th May 2015
Source: http://ukconstitutionallaw.org
‘With the post-election dust barely settled, the Human Rights Act is firmly in the Conservatives’ sights. Caught in the crosshairs is section 2 HRA, which requires UK courts to take into account, but not necessarily follow, the case law of the European Court of Human Rights.’
Full story
UK Human Rights Blog, 19th May 2015
Source: www.ukhumanrightsblog.com
‘Supporters of hunting with dogs are confident of overturning the ban imposed 10 years ago, claiming that a majority of MPs in the new House of Commons will vote to lift it.’
The Independent, 15th May 2015
Source: www.independent.co.uk
© Inner Temple Library 2024