Shahrar Ali wins ‘gender critical’ court battle against Green Party – BBC News

‘The Green Party discriminated against former deputy leader Dr Shahrar Ali during a row over his gender critical beliefs, a court has ruled.’

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BBC News, 9th February 2024

Source: www.bbc.co.uk

Popular Conservatives: Rees-Mogg attacks Lady Hale and calls for neutering of Supreme Court – Law Society’s Gazette

‘Baroness Hale revealed her “true colours” by voting against the Rwanda Bill, according to former leader of the Commons Jacob-Rees-Mogg, who yesterday called for the “politicised” Supreme Court to be emasculated.’

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Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

DPP appeals to supreme court in case of protesters who called MP ‘Tory scum’ – The Guardian

‘The director of public prosecutions is appealing to the supreme court in an ongoing and expensive battle to overturn the acquittal of two protesters found to have acted reasonably in calling Iain Duncan Smith “Tory scum”.’

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The Guardian, 31st January 2024

Source: www.theguardian.com

Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media – UK Constitutional Law Association

Posted January 31st, 2024 in constitutional law, news, parliament, political parties by tracey

‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’

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UK Constitutional Law Association, 31st January 2024

Source: ukconstitutionallaw.org

Rishi Sunak’s Rwanda bill is step towards totalitarianism, top lawyer in the Lords warns – The Independent

‘A leading lawyer who sits in the Lords has warned that Rishi Sunak’s Rwanda bill is “a step toward totalitarianism”.’

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The Independent, 18th January 2024

Source: www.independent.co.uk

Sanjit Nagi: The Stranglehold of New Labour and Lord Irvine’s Rights-based Constitution – UK Constitutional Law Association

‘Last year’s Supreme Court decision in R (AAA) v Home Secretary – which found the British government’s Rwanda policy to be unlawful – has reignited broader debates about the position of a government which commands a majority in Parliament vis a vis the judiciary, the separation of powers, the extent to which legislating against judicial decisions is constitutionally proper or compatible with the rule of law, and the appropriateness of disapplying sections of the Human Rights Act 1998 (HRA 1998). This post does not restate or reengage with such topics; substantive attention has already been given by Tom Hickman KC, Professor Mark Elliott, Adam Tucker, Professor Sarah Singer, and Richard Ekins KC et al. Neither does it take a position on the feasibility or desirability of any specific government policy, the continued operation of HRA 1998, or membership of the European Convention on Human Rights (ECHR).

Instead, this post will argue that the backlash to and disapproval of the British government’s response to R (AAA) – the introduction of the Safety of Rwanda Bill, which, amongst other measures, allows Parliament to diverge from the Supreme Court’s judgment – neatly evidences the intended effect of New Labour and Lord Derry Irvine’s HRA 1998 system and judicial reforms.’

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UK Constitutional Law Association, 15th January 2024

Source: ukconstitutionallaw.org

James Milton: Rule of Law, Political Accountability and the Importance of Culture – UK Constitutional Law Association

Posted November 30th, 2023 in news, parliament, political parties, rule of law, standards by sally

‘Political accountability plays a key role in the operation of the rule of law. This is the main claim I seek to defend through this blog post. My framework here is that the rule of law is just as concerned about the ethos of public officials as it is their actions. Political accountability acts as a mechanism through which the ethos behind public officials actions and decision-making can be monitored. As a result, political accountability plays a crucial part in the operation of the rule of law.’

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UK Constitutional Law Association, 30th November 2023

Source: ukconstitutionallaw.org

Reasonable for protesters to call Iain Duncan Smith ‘Tory scum’, court rules – The Guardian

‘Two protesters were “reasonable” in calling Iain Duncan Smith “Tory scum” outside the Conservative party conference, the high court has ruled, in a rejection of an attempt to overturn their acquittal.’

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The Guardian, 21st November 2023

Source: www.theguardian.com

Andy McDonald sues Tory MP who accused him of ‘seeking to justify’ Hamas atrocity – The Guardian

Posted November 3rd, 2023 in damages, defamation, Israel, news, political parties, war by tracey

‘A suspended Labour MP is suing the Conservative MP Chris Clarkson, who accused him of “seeking to justify the murderous actions of Hamas” in the Israel-Hamas conflict.’

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The Guardian, 3rd November 2023

Source: www.theguardian.com

Labour seeking to delay antisemitism leak lawsuit until after election – The Guardian

‘Labour is seeking to delay until after the general election a court case against five former staff alleging they leaked a report concerned with the party’s handling of antisemitism complaints, as its costs were said to have apparently soared to £1.4m.’

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The Guardian, 6th October 2023

Source: www.theguardian.com

GB News interview with chancellor breached impartiality rules, says Ofcom – BBC News

Posted September 19th, 2023 in budgets, complaints, media, news, political parties by sally

‘GB News breached impartiality rules in an interview with Jeremy Hunt, the broadcasting watchdog has found.’

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BBC News, 18th September 2023

Source: www.bbc.co.uk

‘An activist blob’: Tory party attacks on lawyers – a timeline – The Guardian

‘Critical language used to blame lawyers for thwarting immigration policy dates back to Boris Johnson era.’

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The Guardian, 16th August 2023

Source: www.theguardian.com

Ofcom to investigate GB News and TalkTV over impartiality rules – The Guardian

Posted July 5th, 2023 in complaints, media, news, ombudsmen, parliament, political parties by sally

‘Ofcom has launched investigations into GB News and TalkTV as the media regulator struggles to handle how rightwing television channels are employing serving politicians as presenters.’

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The Guardian, 3rd July 2023

Source: www.theguardian.com

Mike Gordon: Creating an Integrity and Ethics Commission in the UK: The Case for Reform and Challenges for Implementation – UK Constitutional Law Association

‘In an era of intense and continuing controversy over the rules of political responsibility, the question of how to reform the current framework of constitutional standards applicable to politicians requires serious consideration. In addition to the regularity with which allegations about ministerial irresponsibility are being raised and sometimes (eventually) addressed, there are clearly structural challenges relating to these accountability processes and practices. There are legitimate concerns about the consistency, certainty, efficacy, independence and transparency of decision-making in this context. These concerns apply to the way in which potential violations of ethical standards are investigated, and also to the way in which sanctions are (or are not – or are not for long) imposed on political actors who are found to have broken the rules. The systemic nature of the UK’s failings in this area shows the need to consider potentially radical constitutional reforms.’

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UK Constitutional Law Association, 22nd June 2023

Source: ukconstitutionallaw.org

Chinese couple barred from UK over Communist party donation allegations – The Guardian

Posted June 21st, 2023 in China, immigration, news, political parties by tracey

‘A pair of wealthy Chinese nationals have been barred from entering the UK after the government accused them of being involved in making donations to British political figures on behalf of the Chinese Communist party.’

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The Guardian, 20th June 2023

Source: www.theguardian.com

High-profile defamation case dismissed by judge – Law Society’s Gazette

Posted June 9th, 2023 in defamation, media, news, political parties by tracey

‘The head of the High Court media list has thrown out a high-profile defamation action and concluded “that no purpose would be served by giving the claimant a further opportunity to replead his claim.”’

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Law Society's Gazette, 8th June 2023

Source: www.lawgazette.co.uk

Eliza Bechtold: Recent Efforts to Regulate Expression by Conservatives in the UK and the US Highlight a Shift Toward Illiberalism – UK Constitutional Law Association

‘Conservative politicians in the UK and the US are making headlines for regulatory efforts targeting core free speech principles under the guise of protecting members of the public from harm. Four days prior to the coronation of King Charles III – a coincidence according to the UK government – the controversial Public Order Act 2023 (POA 2023), introduced by former Home Secretary Priti Patel, received royal assent. The application of the new law, in conjunction with the expansive powers granted to police under prior legislation, led to the controversial targeting and arrest of dozens of peaceful anti-monarchy protesters during the coronation proceedings. In the US, Republicans are responsible for a flurry of recent regulations censoring expression concerning sexual orientation, race, and other issues at the forefront of the so-called ‘culture war’ in public school classrooms and libraries across the country. These regulatory efforts highlight the increasingly illiberal posture of conservative parties in these countries, which undermines shared democratic values and reflects a broader shift toward the use of anti-democratic means to achieve political ends.’

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UK Constitutional Law Association, 1st June 2023

Source: ukconstitutionallaw.org

Former MP jailed over child abuse images – BBC News

‘A former Labour MP who shared child abuse material has been jailed.’

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BBC News, 13th May 2023

Source: www.bbc.co.uk

Ignoring ECHR orders would threaten rule of law, legal figures warn – The Independent

‘Any move to allow ministers to ignore European Court of Human Rights orders stopping the removal of migrants would undermine the rule of law, senior legal figures have warned.’

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The Independent, 20th April 2023

Source: www.independent.co.uk

First-Tier Tribunal Finds Jamiyate Ulamaye Islam and Hefazat-e-Islam Activist in the UK at Risk of Persecution in Bangladesh – EIN Blog

Posted April 20th, 2023 in appeals, asylum, Bangladesh, news, political parties, refugees, tribunals by sally

‘A recent Immigration and Asylum First-tier Tribunal appeal involving a Bangladeshi political activist has highlighted the dangers faced by opposition figures in the country and the importance of providing asylum to those in need of protection. According to the UNHCR Global Trends Report 2021, there are currently 26 million refugees worldwide, with more than 80% hosted in developing countries.’

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EIN Blog, 19th April 2023

Source: www.ein.org.uk