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.’

Full story

UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

Comments Off on 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

First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

Full story

The Guardian, 8th July 2016

Source: www.guardian.co.uk

Comments Off on First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

Full story

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

Comments Off on Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

Full story

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Comments Off on Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

Full story

The Independent, 4th July 2016

Source: www.independent.co.uk

Comments Off on Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

Full story

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Comments Off on Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Chagos Islanders’ fate to be decided by top court – The Guardian

‘A decades-long battle by the exiled people of the Chagos Islands to be allowed to return home will reach its conclusion on Wednesday.’

Full story

The Guardian, 26th June 2016

Source: www.guardian.co.uk

Comments Off on Chagos Islanders’ fate to be decided by top court – The Guardian

Chagos islanders go to supreme court in battle to be allowed home – The Guardian

‘Former residents of the Chagos Islands who were forcibly removed from their homeland more than 40 years ago will take their long legal battle to the UK’s highest court on Monday.’

Full story

The Guardian, 22nd June 2015

Source: www.guardian.co.uk

Comments Off on Chagos islanders go to supreme court in battle to be allowed home – The Guardian

Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’

Full story

UK Constitutional Law Association, 19th November 2014

Source: www.ukconstitutionallaw.org/blog

Comments Off on Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

Jihadis who travel to Syria could be barred from UK return for two years – The Guardian

‘Suspected jihadis, including teenagers, who travel to Syria will be prevented from returning to Britain for two years and only allowed to re-enter if they consent to face trial, home detention, regular police monitoring or go on a deradicalisation course. The plan, agreed after months of internal Whitehall talks, has been cleared by government law officers and devised to minimise legal claims that the British government will be rendering citizens stateless by barring them from the UK.’

Full story

The Guardian, 14th November 2014

Source: www.guardian.co.uk

Comments Off on Jihadis who travel to Syria could be barred from UK return for two years – The Guardian

Prince Charles faces scrutiny by MPs over veto on laws – The Guardian

Posted August 13th, 2013 in consent, constitutional law, legislation, news, royal family, royal prerogative, veto by sally

“The British parliament is to investigate Prince Charles’s controversial role in helping to shape government legislation in a move likely to increase pressure on Whitehall to reduce the secrecy around alleged royal lobbying.”

Full story

The Guardian, 12th August 2013

Source: www.guardian.co.uk

Comments Off on Prince Charles faces scrutiny by MPs over veto on laws – The Guardian

Pamphlet on Royal consent legislation published – The Independent

Posted January 16th, 2013 in Crown, freedom of information, legislation, news, royal prerogative by sally

“Official legal advice about when Royal consent is required for legislation to proceed has been published after a long-running battle by the Cabinet Office to keep it under wraps.”

Full story

The Independent, 15th January 2013

Source: www.independent.co.uk

Related link: Queen’s or Prince’s Consent (PDF)

Comments Off on Pamphlet on Royal consent legislation published – The Independent

George Davis in court 40 years after robbery that sent him to jail – The Guardian

“Judges will finally decide whether ‘George Davis Is Innocent OK’ as they look again at notorious miscarriage of justice case.”

Full story

The Guardian, 24th February 2011

Source: www.guardian.co.uk

Review of executive royal prerogative powers – Ministry of Justice

Posted October 16th, 2009 in constitutional law, reports, royal prerogative by sally

“A review of the ancient royal prerogative powers available to UK government ministers.”

Full report

Ministry of Justice, 15th October 2009

Source: www.justice.gov.uk

Comments Off on Review of executive royal prerogative powers – Ministry of Justice

Could the Queen really dissolve Parliament now? – The Times

Posted May 21st, 2009 in constitutional law, news, parliament, royal prerogative by sally

“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”

Full story

The Times, 21st May 2009

Source: www.timesonline.co.uk

Comments Off on Could the Queen really dissolve Parliament now? – The Times

Regina (Shields) v Secretary of State for Justice – Times Law Reports

Posted January 14th, 2009 in law reports, pardons, royal prerogative by sally

Regina (Shields) v Secretary of State for Justice

Queen’s Bench Divisional Court

“The Secretary of State for Justice did have power and jurisdiction to consider granting a pardon under the Royal Prerogative in respect of a person convicted and sentenced in a foreign court but transferred to the United Kingdom to serve his sentence. ”

The Times, 14th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Comments Off on Regina (Shields) v Secretary of State for Justice – Times Law Reports

R (Shields) v Secretary of State for Justice – WLR Daily

Posted December 19th, 2008 in law reports, pardons, royal prerogative by sally

R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398

The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that  ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”

WLR Daily, 18th December 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Comments Off on R (Shields) v Secretary of State for Justice – WLR Daily

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

Posted May 31st, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

Abuse of executive power over Chagos Islanders

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)

Court of Appeal

“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”

The Times, 31st May 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Comments Off on Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

Posted May 25th, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) [2007] EWCA Civ 498

“The British Indian Ocean Territory (Constitution) Order 2004 and the British Indian Ocean Territory (Immigration) Order 2004 were amenable to judicial review and were an abuse of power in that they frustrated the legitimate expectation of the islanders to be allowed to return to the Chagos Islands.”

WLR Daily, 23rd May 2007

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Comments Off on R (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – WLR Daily

Chagos islanders win legal battle to return home – The Independent

Posted May 23rd, 2007 in Chagos Islands, news, royal prerogative by sally

“Families expelled from the Chagos Islands by the British Government to make way for the Diego Garcia US airbase today won their legal battle to return home.”

Full story

The Independent, 23rd May 2007

Source: www.independent.co.uk

Comments Off on Chagos islanders win legal battle to return home – The Independent