Short Cuts – Stephen Sedley – London Review of Books

Posted February 23rd, 2017 in constitutional history, EC law, news, parliament, royal prerogative, treaties by sally

‘When the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at the bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required. Nevertheless the Supreme Court sat in full, all 11 members, to hear what even the sober Constitution Unit was calling the case of the century. Well, the appeal failed, and by a decisive margin of eight votes to three. But the margin conceals what was jurisprudentially a closer-run thing than the numbers suggest.’

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London Review of Books, 2nd March 2017

Source: www.lrb.co.uk

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Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

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Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

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UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

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Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

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What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

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UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

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Lords’ opposition leader says peers will not seek to delay article 50 – The Guardian

Posted February 20th, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘Opposition peers will not seek to wreck the government’s timetable for triggering article 50 when the Brexit bill comes before them on Monday, Labour’s leader in the House of Lords has said.’

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The Guardian, 20th February 2017

Source: www.guardian.co.uk

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What Is the Joint Committee On Human Rights And What Does It Do? – RightsInfo

Posted February 20th, 2017 in human rights, legislation, news, parliament, select committees by sally

‘The Joint Committee on Human Rights (JCHR) plays an important role in ensuring that human rights are protected in the UK. Its job includes checking that new laws proposed by the Government are compatible with human rights.’

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RightsInfo, 5th February 2017

Source: www.rightsinfo.org

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Can the article 50 bill be substantially altered or delayed by the House of Lords? – The Guardian

Posted February 20th, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘The bill to trigger Brexit moves to the Lords next week, and a flurry of new amendments will be introduced. This could lead to the bill ping-ponging between the two Houses, and a high-stakes battle of wills.’

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The Guardian, 17th February 2017

Source: www.guardian.co.uk

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Government rebuffs latest calls for no-fault divorce – Law Society’s Gazette

Posted February 17th, 2017 in divorce, news, parliament by sally

‘Widespread calls to reform divorce laws appear to be falling on deaf ears after the government confirmed it has no current plans to change existing legislation.’

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Law Society’s Gazette, 15th February 2017

Source: www.lawgazette.co.uk

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Supreme Court president warns judges vetted by MPs would be picked for ‘political and religious beliefs’ – The Independent

Posted February 16th, 2017 in judges, judiciary, news, parliament by sally

‘The president of the Supreme Court has warned that its judges will end up being picked for their political or religious views if they are vetted by MPs before appointment.’

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The Independent, 16th February 2017

Source: www.independent.co.uk

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Politicians too slow to defend judges after Brexit case, says supreme court president – The Guardian

Posted February 16th, 2017 in judges, judiciary, media, news, parliament, treaties by sally

‘Britain’s top judge has spoken out about media attacks on the judiciary and the failure of politicians to stand up for judges after the Brexit court challenge.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

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FA given vote of no confidence from MPs over ability to reform – The Guardian

Posted February 10th, 2017 in diversity, news, parliament, sport by tracey

‘A parliamentary vote of no confidence in the Football Association’s ability to govern the sport and reform itself has been passed by a small number of MPs. The backbench motion, proposed by the chairman of the culture, media and sport committee Damian Collins, has no legal force but was intended to increase the pressure on the FA to reform its board and council in line with the new official code for sports governing bodies.’

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The Guardian, 9th February 2017

Source: www.guardian.co.uk

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Cyril Smith child abuse inquiry finds no evidence of cover-up – The Guardian

Posted February 9th, 2017 in child abuse, complaints, inquiries, news, parliament, police, victims by sally

‘A police inquiry has found no evidence of a cover-up of historical sexual abuse at a residential school linked to the late politician Cyril Smith, prompting criticisms from an MP.’

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The Guardian, February 2017

Source: www.guardian.co.uk

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Jane Collins defamation case: Labour Rotherham MPs awarded £54,000 – BBC News

Posted February 7th, 2017 in costs, damages, defamation, news, parliament, political parties, speeches by sally

‘Three Labour MPs have each won £54,000 High Court defamation damages from UKIP MEP Jane Collins over remarks she made about Rotherham’s child abuse scandal.’

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BBC News, 6th February 2017

Source: www.bbc.co.uk

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‘Itchy’ clerks wigs are scrapped after 300 years to make Commons less ‘stuffy’ – Daily Telegraph

Posted February 7th, 2017 in civil servants, legal profession, news, parliament by sally

‘The 300-year-old custom of clerks wearing wigs in the Commons has been scrapped to save money and make the Commons “less stuffy”.’

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Daily Telegraph, 6th February 2017

Source: www.telegraph.co.uk

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Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal legal event. Populist law. If many people say a legally incorrect thing many times, it may come to be treated as if it were correct. Alternative law.’

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UK Constitutional Law Association, 2nd February 2017

Source: www.ukconstitutionallaw.org

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Fresh Brexit legal challenge blocked by high court – The Guardian

Posted February 3rd, 2017 in EC law, judicial review, markets, news, parliament, referendums, treaties by sally

‘Two senior judges have blocked a legal challenge to the government’s strategy for leaving the single market and the European Economic Area.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

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Brexit and muddled thinking – OUP Blog

Posted February 3rd, 2017 in EC law, markets, news, parliament, prerogative powers, referendums, treaties by sally

‘When Sir Ivan Rogers stepped down in January as the UK’s top official in Brussels, he urged his colleagues to “continue to challenge ill-founded arguments and muddled thinking” and not to be afraid “to speak the truth to those in power.” The implication was clear. The government’s Brexit preparations displayed all these failings but the politicians responsible did not like having this pointed out.’

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OUP Blog, 3rd February 2017

Source: www.blog.oup.com

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Campaigners launch fresh Brexit legal challenge over single market – The Guardian

Posted February 3rd, 2017 in EC law, markets, news, parliament, referendums, treaties by sally

‘The government’s Brexit strategy faces a fresh legal challenge in the high court on Friday when campaigners argue that parliament must separately legislate to remove the UK from the European Economic Area (EEA) and the single market.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

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Brexit plan to be published in government White Paper – BBC News

Posted February 2nd, 2017 in bills, EC law, news, parliament, parliamentary papers, treaties by tracey

‘The government’s Brexit strategy will come under scrutiny when an official policy document setting out its plans is published later.’

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BBC News, 2nd February 2017

Source: www.bbc.co.uk

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