A democratic defence of the European Court of Human Rights – OUP Blog

Posted September 12th, 2016 in constitutional reform, courts, human rights, news, treaties by sally

‘“Vote leave, take control” was the slogan of almost fiendish simplicity that helped win the Brexit referendum, masking the mendacity and absence of vision that underlay it. The impulses it captures—wresting sovereignty back from remote elites to Westminster, with its proud democratic tradition—echo those that have for years underpinned the opprobrium directed at the European Court of Human Rights in Strasbourg in British public debate.’

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OUP Blog, 12th September 2016

Source: www.blog.oup.com

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Kenneth Campbell QC: Constitutional Discourse Post-referendum: Where Are We, and Where Are We Going Next? – UK Constitutional Law Association

Posted September 1st, 2016 in constitutional reform, EC law, elections, news, parliament, referendums by sally

‘In common with other constitutional and EU law sites, this blog glowed white hot in the immediate aftermath of the EU referendum. Understandably, many commentators were occupied with the roles of the UK Parliament and the executive exercise of prerogative powers in the mechanics of the giving of notice in terms of Art 50. Given the nature of these issues, scholarly and practitioner comment has been taken up in wider debate, and Nick Barber, Tom Hickman and Jeff King’s contribution has perhaps been particularly prominent. As the new political season approaches, this post seeks to assess the state of play about several current and medium term issues.’

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UK Constitutional Law Association, 1st September 2016

Source: www.ukconstitutionallaw.org

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MPs reject bill to change Britain’s voting system to proportional representation – The Independent

Posted July 21st, 2016 in bills, constitutional reform, elections, news, parliament by tracey

‘MPs have rejected a bill that would have changed Britain’s voting system to a form of proportional representation.’

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The Independent, 20th July 2016

Source: www.independent.co.uk

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Brexit and UK company law – OUP Blog

Posted July 19th, 2016 in company law, constitutional reform, EC law, news, treaties by sally

‘Most discussion relating to the referendum result has focussed on the effect that Brexit will have upon our constitutional arrangements or workers’ rights. This blog post will focus on the effect that Brexit will have upon the UK system of company law. Unfortunately, the current uncertainty regarding the terms on which the UK will leave the EU (if indeed it does) means that a definitive answer cannot be provided, but several principal possibilities can be advanced.’

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OUP Blog, 19th July 2016

Source: www.blog.oup.com

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Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

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Chilcot’s lessons on going to war must be enshrined in law – The Guardian

Posted July 7th, 2016 in constitutional reform, Iraq, news, parliament, reports, war, weapons by sally

‘A robust and agreed framework should be followed by future cabinets before decisions on military action are taken.’

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The Guardian, 6th July 2016

Source: www.guardian.co.uk

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Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

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BBC News, 4th July 2016

Source: www.bbc.co.uk

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What now for human rights in the UK post-Brexit? – Halsbury’s Law Exchange

Posted July 5th, 2016 in bills, constitutional reform, courts, EC law, human rights, news, treaties by sally

‘Theresa May, expected to shortly emerge as the “stop Boris” prime ministerial candidate in this post-referendum world, kept her head down during the Brexit campaign apart from one notable intervention.’

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Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

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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.’

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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.’

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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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