Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by tracey

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

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UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

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Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

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UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

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Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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Neil Walker: The Brexit Vote: The Wrong Question for Britain and Europe – UK Constitutional Law Association

‘Referendums are supposed to provide decisive interventions in the affairs of state. They are designed to produce clear ‘yes or no’ answers to large political questions. And as these answers also come with a rare level of popular endorsement, this should facilitate their effective and timely implementation.’

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UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

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What are the legal implications if Britain votes leave? – The Guardian

Posted June 21st, 2016 in constitutional reform, EC law, news, notification, referendums by sally

‘Even if the electorate decides against the EU on Thursday, there will still be several legal obstacles confronting the Brexiteers before they can achieve their goal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

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The UK’s “New Settlement” within the EU – A Reform Package for the Whole Union – Henderson Chambers

Posted June 2nd, 2016 in constitutional reform, EC law, news, referendums by sally

‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’

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Henderson Chambers, 19th May 2016

Source: www.hendersonchambers.co.uk

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English votes system ‘unstable’ warn MPs – BBC News

‘The new system of “English Votes for English Laws” is overly complicated and may not last long, MPs have warned.’

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BBC News, 11th February 2016

Source: www.bbc.co.uk

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Higher education reform much-needed, but government must take time to get the framework right, says expert – OUT-LAW.com

‘Reforming higher education in England is both long overdue, and vitally needed to protect the sector’s hard-won reputation.’

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OUT-LAW.com, 15th January 2016

Source: www.out-law.com

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Lords veto powers ‘to be curtailed’ – BBC News

Posted December 17th, 2015 in constitutional reform, news, parliament, regulations, veto by tracey

‘David Cameron is preparing to use the full force of the law to clip the wings of the House of Lords after it blocked his welfare cuts, the BBC has learned. A review will say peers should lose their absolute veto over detailed laws known as secondary legislation. Peers will instead be offered a new power to send these laws back to the Commons, forcing MPs to vote again – but will only be able to do this once.’

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BBC News, 16th December 2015

Source: www.bbc.co.uk

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Speech by President of the Queen’s Bench Division: Justice for the 21st Century – Courts and Tribunals Judiciary

‘Sir Brian Leveson, President of the Queen’s Bench Division gave the Caroline Weatherill Lecture “Justice for the 21st Century” in the Isle of Man on 9 October 2015.’

Full speech

Courts and Tribunals Judicairy, 12th October 2015

Source: www.judiciary.gov.uk

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Speech by the Lord Chief Justice: Judicial independence in a changing constitutional landscape – Courts and Tribunals Judiciary

Posted September 17th, 2015 in civil justice, constitutional reform, criminal justice, judges, judiciary, speeches by tracey

‘Speech by the Lord Chief Justice to the Commonwealth Magistrates’ and Judges, 15th September 2015 Association.’

Full speech

Courts and Tribunals Judiciary, 17th September 2015

Source: www.judiciary.gov.uk

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‘English votes for English laws’ plan to be set out – BBC News

‘The government is expected to set out its proposals to give MPs from English constituencies the final say on laws affecting England only.’

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BBC News, 2nd July 2015

Source: www.bbc.co.uk

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The Independent Guide to the UK Constitution: What everyone should know about the most explosive political issue of our time – The Independent

Posted June 8th, 2015 in bills, constitutional reform, human rights, news, repeals, treaties by sally

‘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’.’

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The Independent, 7th June 2015

Source: www.independent.co.uk

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Election ‘most disproportionate in history’ say campaigners – BBC News

Posted June 2nd, 2015 in constitutional reform, elections, news, proportionality, reports by sally

‘The 2015 general election was the “most disproportionate in British history”, the Electoral Reform Society has said.’

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BBC News, 1st June 2015

Source: www.bbc.co.uk

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Queen’s Speech: ‘English votes for English laws’ plan – BBC News

Posted May 27th, 2015 in constitutional reform, devolution, news, parliament by sally

‘Plans to give MPs from English constituencies an effective veto on laws affecting only England are included in the Queen’s Speech.’

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BBC News, 27th May 2015

Source: www.bbc.co.uk

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Attempt to scrap Human Rights Act will not get past Lords, Falconer warns Gove – The Guardian

‘A new British bill of rights is expected to be included in the Queen’s speech, but shadow lord chancellor says upper house would be within its rights to reject it.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

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HRA Watch: Reform, Repeal, Replace? Cormac Mac Amhlaigh: A Referendum on Repeal of the Human Rights Act? Why not? – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 25th May 2015

Source: http://ukconstitutionallaw.org

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The watchdog that would have scrutinised the end of the Human Rights Act just got quietly scrapped – The Independent

Posted May 22nd, 2015 in constitutional reform, EC law, human rights, magna carta, news, parliament by sally

‘The parliamentary committee that scrutinises proposed major constitutional changes been scrapped despite turbulent times ahead of the future of the United Kingdon’s governance.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

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Dominic Grieve QC MP – Why It Matters that Conservatives Should Support the European Convention on Human Rights – UCL Constitution Unit

Posted December 11th, 2014 in attorney general, constitutional reform, human rights, news, speeches, treaties by sally

‘A British withdrawal from the European Convention of Human Rights would be “devastating for Britain and human rights throughout Europe, says Dominic Grieve, sacked as Attorney General by David Cameron in July.’

Video

UCL Constitution Unit, 10th December 2014

Source: www.ucl.ac.uk/constitution-unit

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A Constitutional Convention for the UK: What Form Should It Take? – UCL Constitution Unit

Posted December 8th, 2014 in constitutional law, constitutional reform, news by sally

‘Four of the five main UK political parties have voiced support for a constitutional convention based on popular participation. But what form should such a convention take? There are a variety of possible models and some would work much better than others. This presentation will set out criteria that can be used to evaluate the options and then draw on evidence from recent reform processes – notably in Canada, Iceland, and Ireland – to see which options are more or less likely to meet those criteria in the UK.’

Katie Ghose – A Constitutional Convention for the UK: What Form Should It Take?

Dr Alan Renwick- A Constitutional Convention for the UK: What Form Should It Take?

UCL Constitution Unit, 12th November 2014

Source: www.ucl.ac.uk/constitution-unit

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