Mark Elliott: Scotland has voted “no”. What next for the UK constitution? – UK Constitutional Law Association

Posted September 19th, 2014 in constitutional reform, devolution, news, parliament, referendums, Scotland by tracey

‘After a very long — and at times electrifying — campaign, a modest but decisive majority of those who participated in the referendum on Scottish independence have voted “no”. In one sense, this is the end of the process — even if, bearing in mind the main UK parties’ still-to-be-fulfilled promises about further devolution, it is only the beginning of the end. In another sense, however, it might turn out to be only the end of the beginning.’

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UK Constitutional Law Association, 19th September 2014

Source: www.ukconstitutionallaw.org/blog

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£300,000 on Supreme Court constitutional cases – BBC News

Posted August 11th, 2014 in bills, costs, devolution, ministers' powers and duties, news, Supreme Court, Wales by sally

‘More than £300,000 has been spent by the Welsh and UK governments on three Supreme Court cases about assembly powers, the BBC has learned.’

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BBC News, 10th August 2014

Source: www.bbc.co.uk

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Ann Sherlock: Supreme Court ruling on Welsh legislation – UK Constitutional Law Association

‘On 9 July 2014, the Supreme Court delivered its unanimous ruling that the Agricultural Sector (Wales) Bill was within the legislative competence of the National Assembly for Wales.’

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UK Constitutional Law Association, 30th July 2014

Source: www.ukconstitutionallaw.org

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Regina (Flatley) v Hywel Dda University Local Health Board; Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers – WLR Daily

Regina (Flatley) v Hywel Dda University Local Health Board;  Regina (Flatley) v Welsh Ministers; Regina (Dinghy) v Welsh Ministers; [2014] EWHC 2258 (Admin); [2014] WLR (D) 311

‘The function of the minister following a referral by a community health council under regulation 27(9) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010 was to reach a final decision on a proposal put forward by a local health board. That function was directed at the outcome, there was no requirement for the minister to review the process, including any consultation, leading to the proposal, although the minister had a discretion to consider the circumstances of the process in reaching a decision on the proposal overall.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

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Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales – Supreme Court

Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales [2014] UKSC 43 (YouTube)

Supreme Court, 9th July 2014

Source: www.youtube.com/user/UKSupremeCourt

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Hyde Park bomb: NI Police Federation ‘appalled at grubby deal’ – BBC News

‘The chairman of the Police Federation for Northern Ireland has said he is appalled at the government’s “grubby secret deal” on IRA “on-the-run” cases. He was speaking after the case of a man accused of the IRA Hyde Park bomb collapsed following what victims’ families called “a monumental blunder”. Donegal man John Downey denied killing four soldiers in the 1982 bomb. The case collapsed because government officials mistakenly told him he was no longer a wanted man.’

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BBC News, 26th February 2013

Source: www.bbc.co.uk

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The disunited kingdom: England, Ireland and Scotland – CrimeLine

Posted November 7th, 2013 in constitutional history, devolution, Ireland, news, Scotland, speeches by tracey

“A Lecture to the Denning Society, at Lincoln’s Inn by Lord Sumption on 5 November 2013.”

Full lecture

CrimeLine, 6th November 2013

Source: www.crimeline.info

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Kapri v Lord Advocate (representing the Government of the Republic of Albania) – WLR Daily

Kapri v Lord Advocate (representing the Government of the Republic of Albania) [2013] UKSC 48; [2013] WLR (D) 281

“An arrested person who resisted extradition on the basis that there was systemic corruption in the judicial system in the requesting country did not necessarily have to point to particular facts or circumstances affecting his case since such corruption affected everyone who was subjected to it and it was impossible to say that any individual who was returned to such a system would receive the right to a fair trial within article 6 of the Convention.”

WLR Daily, 10th July 2013

Source: www.iclr.co.uk

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Craig Prescott: The Union, Constitutional Change and Constitutional Conventions (and English Regionalism?) – UK Constitutional Law Group

“Last week, the House of Commons Political and Constitutional Reform Committee published their report, Do We Need A Constitutional Convention For the UK? (HC 2012-13 371). It is an interesting document, mainly because its very existence shows that the idea of a constitutional convention is becoming more mainstream within Westminster. But the report raises many questions, not all of which are fully answered. The central thrust of the report is that considering the raft of changes made to the constitution since 1997, particularly devolution, ‘it is time to conduct a comprehensive review so that the Union can work well in the future’ (para 111), and that this review should take the form of a ‘constitutional convention to look at the formal constitutional structure of the UK’.”

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UK Constitutional Law Group, 3rd April 2013

Source: www.ukconstitutionallaw.org

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Colm O’Cinneide: Human Rights, Devolution and the Constrained Authority of the Westminster Parliament – UK Constitutional Law Group

Posted March 5th, 2013 in constitutional reform, devolution, human rights, news by sally

“The debate over the place of human rights in UK constitutional law continues to run and run. The Home Secretary, Theresa May MP, has recently criticised the manner in which UK judges are interpreting the right to family life protected by Article 8 of the ECHR. A private members bill tabled by Tory MP Charlie Elphicke, the Human Rights Act 1998 (Repeal and Substitution) Bill, which would de-incorporate Convention rights and replace them with diluted ‘British’ replacements, received its Second Reading on the 1st March 2013. Furthermore, at the time of writing, the Mail on Sunday is quoting Theresa May again to the effect that the next Tory election manifesto will include a commitment to withdrawing from the jurisdiction of the European Court of Human Rights, de-incorporating Convention rights, or some such equivalent measure.”

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UK Constitutional Law Group, 4th March 2013

Source: www.ukconstitutionallaw.org

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What lies beneath the Commission on a Bill of Rights report – UK Human Rights report

Posted December 21st, 2012 in constitutional law, devolution, human rights, news, reports by tracey

“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”

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UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com

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Kinloch v HM Advocate – WLR Daily

Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385

“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Dos and don’ts for the bill of rights commission – The Guardian

Posted November 29th, 2012 in consultations, devolution, human rights, news, reports by sally

“The commission’s report on whether the Human Rights Act should be repealed is soon due. What should be avoided?”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

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Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

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Legality of first Welsh bill challenged at Supreme Court – BBC News

Posted October 9th, 2012 in byelaws, devolution, illegality, legislation, news, Supreme Court, Wales by sally

“The legality of the first bill passed by the Welsh assembly under new law-making powers will be challenged at the Supreme Court by the attorney general.”

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BBC News, 9th October 2012

Source: www.bbc.co.uk

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The UK supreme court is changing the way we think about law – The Guardian

Posted October 27th, 2011 in constitutional reform, devolution, human rights, judiciary, news, Supreme Court by sally

“The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

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The Guardian, 26th October 2011

Source: www.guardian.co.uk

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HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011

Source: www.iclr.co.uk

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Solicitor General: speech to 2011 Legal Wales Conference – Attorney General’s Office

Posted October 10th, 2011 in devolution, speeches, Wales by sally

Solicitor General: speech to 2011 Legal Wales Conference

Attorney General’s Office, 7th October 2011

Source: www.attorneygeneral.gov.uk

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Anti-terrorism powers for a rainy day – UK Human Rights Blog

“Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process.”

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UK Human Rights Blog, 4th September 2011

Source: www.ukhumanrightsblog.com

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Localism Bill: people to get legal right to buy threatened local shops or post offices – Daily Telegraph

Posted December 13th, 2010 in bills, devolution, local government, news, right to buy by sally

“People will be given the legal right to buy threatened community assets like post offices or village shops, Communities secretary Eric Pickles will announce next week.”

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Daily Telegraph, 11th December 2010

Source: www.telegraph.co.uk

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