Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court
‘The scope of judicial law-making in constitutional law and public law.’
Supreme Court, 27th October 2021
Source: www.supremecourt.uk
Category: rule of law
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.’
Law Society's Gazette, 22nd October 2021
Source: www.lawgazette.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.’
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.’
The Independent, 17th October 2021
Source: www.independent.co.uk
Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021) – UK Constitutional Law Association
‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’
UK Constitutional Law Association, 23rd September 2021
Source: ukconstitutionallaw.org
Alison L Young: Judicial Review of Policies – Clarification or Judicial Retreat? – UK Constitutional Law Association
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
Judicial review: Plan to reform scrutiny by courts revealed – BBC News
‘The government is pressing ahead with plans to limit how the public can legally challenge official decisions, despite fears it will damage justice.’
BBC News, 21st July 2021
Source: www.bbc.co.uk
Tory MPs suspended for trying to influence judge in Elphicke case – The Guardian
‘Several Conservative MPs will be suspended from the Commons for a day and told to apologise for trying to influence a judge presiding over the trial of a colleague for sexual assault, the standards committee has ordered.’
The Guardian, 21st July 2021
Source: www.theguardian.com
Reading by the Deputy Senior Presiding Judge: English Law and Descent into Complexity – Courts & Tribunals Judiciary
‘Reading by the Deputy Senior Presiding Judge: English Law and Descent into Complexity.’
Courts & Tribunals Judiciary, 15th July 2021
Source: www.judiciary.uk
Plans to restrict judicial review weaken the rule of law, MPs warn – The Guardian
‘Proposals to restrict judicial review are an affront to the principles of fairness and government accountability and should be dropped, a cross-party group of MPs and peers has said.’
The Guardian, 2nd June 2021
Source: www.theguardian.com
Paolo Sandro: Do You Really Mean It? Ouster Clauses, Judicial Review Reform, and the UK Constitutionalism Paradox – UK Constitutional Law Association
‘The Conservative government’s response to the IRAL report has raised plenty of alarm bells from UK constitutional scholars. The widespread observation that the government’s judicial review reform plans appear to go well beyond what the Independent Panel recommended points to a more fundamental problem: that the government seems to proceed from a very partial understanding (at best) of the UK “constitution”.’
UK Constitutional Law Association, 1st June 2021
Source: ukconstitutionallaw.org
Ep 143: Henry VIII Powers undermining parliamentary supremacy – Law Pod UK
‘In this episode, Rosalind English discusses with Sarabjit Singh and Isabel McArdle of 1 Crown Office Row a number of laws containing “Henry VIII” powers which allow ministers to avoid full parliamentary debate.’
Law Pod UK, 4th May 2021
Source: audioboom.com
Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian
‘The former judge and renowned historian loses his cool on Covid and the culture wars.’
The Guardian, 3rd March 2021
Source: www.theguardian.com
James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association
‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’
UK Constitutional Law Association, 24th February 2021
Source: ukconstitutionallaw.org
Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian
‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’
The Guardian, 18th February 2021
Source: www.theguardian.com
Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent
‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’
The Independent, 24th January 2021
Source: www.independent.co.uk
Ronan Cormacain: Protecting Veterans or Protecting the Ministry of Defence? Clarity in the Overseas Operations Bill – UK Constitutional Law Association
‘Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting for. The need for clarity in legislation is set out as the first principle of Bingham’s definition of the Rule of Law, and the need for intelligibility in legislation is a requirement of the Venice Commission Checklist on the Rule of Law. This is one of the rationales for a parliamentary democracy. The Overseas Operations (Service Personnel and Veterans) Bill is designed to offer legal protections to UK armed forces, and the Ministry of Defence, in relation to overseas military operations. The Bill’s Second Reading took place this week in the House of Lords. But the Bill is disingenuous: in form it is about protecting veterans, whilst in substance it is about protecting the Ministry of Defence.’
UK Constitutional Law Association, 22nd January 2021
Source: ukconstitutionallaw.org
Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association
‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’
UK Constitutional Law Association, 18th January 2021
Source: ukconstitutionallaw.org
Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary
‘Lord Chief Justice press conference December 2020’
Courts and Tribunals Judiciary, 2nd December 2020
Source: www.judiciary.uk
Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent
‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
