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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Income rules for foreign spouses upheld – BBC News

‘Income rules which stop thousands of British citizens bringing their foreign spouse to the UK are lawful “in principle” the Supreme Court has ruled.’

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BBC News, 22nd February 2017

Source: www.bbc.co.uk

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Families await supreme court verdict on income rules for spouse visas – The Guardian

Posted February 22nd, 2017 in families, human rights, immigration, news, Supreme Court, visas by sally

‘The fate of tens of thousands of separated British families in which one parent is not entitled to live in the UK because they have failed to meet a minimum income threshold of £18,600 will be decided by the supreme court on Wednesday.’

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The Guardian, 21st February 2017

Source: www.guardian.co.uk

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Proving Propensity via Allegations of Bad Character – 2 Hare Court

Posted February 21st, 2017 in appeals, bad character, evidence, jury directions, murder, news, Supreme Court by sally

‘The approach to contested non-conviction bad character evidence has changed in the wake of the Supreme Court’s judgment in the case of R v Mitchell [2016] UKSC 55.’

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2 Hare Court, 5th January 2017

Source: www.2harecourt.com

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Triggering Article 50 TEU: A Positive Result for the Government? By Prof Erika Szyszczak – Littleton Chambers

Posted February 20th, 2017 in EC law, news, referendums, Supreme Court, treaties by sally

‘It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutional dimension to the litigation.’

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Littleton Chambers, 27th January 2017

Source: www.littletonchambers.com

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Supreme court seeks new judges who will ‘improve its diversity’ – The Guardian

Posted February 17th, 2017 in diversity, judiciary, news, Supreme Court by sally

‘The supreme court began its search for three new judges on Thursday, seeking members who will “improve the diversity of the court”.’

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The Guardian, 16th February 2017

Source: www.guardian.co.uk

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Supreme Court Brexit ruling may affect legal action against Tony Blair and other ‘state officials’ over Iraq War – The Independent

Posted February 15th, 2017 in constitutional law, Iraq, news, prerogative powers, referendums, Supreme Court, war by sally

‘The Supreme Court Brexit ruling may affect attempts to take legal action against Tony Blair and other “state officials” over their role in the Iraq War, it has emerged.’

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The Independent, 14th February 2017

Source: www.independent.co.uk

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David Scott: Miller, Sewel, and the Human Rights Act – UK Constitutional Law Association

Posted February 13th, 2017 in devolution, EC law, human rights, news, Supreme Court, treaties by sally

‘Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; agreement in the dissents at 242, 243, and 282] may have weakened opposition to the Government’s “other” crusade—against the European Court of Human Rights.’

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UK Constitutional Law Association, 8th February 2017

Source: www.ukconstitutionallaw.org

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Unmarried woman wins pension battle – BBC News

‘A woman whose long-term partner died has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.co.uk

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Unmarried woman wins pension battle – BBC News

‘A woman who lost her long-term partner has won a legal battle that is likely to improve the pension rights of unmarried couples in the public sector.’

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BBC News, 8th February 2017

Source: www.bbc.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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Supreme Court “needs to clarify scope of legal advice privilege” – Litigation Futures

Posted February 3rd, 2017 in legal profession, news, privilege, Supreme Court by sally

‘RBS’s solicitors have expressed disappointment that the Supreme Court will not now consider the issue of who is a client for the purposes of legal advice privilege, after its client dropped a planned appeal against the present “unhelpful and unworkable” position.’

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Litigation Futures, 2nd February 2017

Source: www.litigationfutures.com

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Supreme Court adds to Bar regulator’s legal costs and training headaches – Legal Futures

‘The Bar Standards Board (BSB) has found itself under attack from multiple directions this week, including the Supreme Court announcing yesterday that it would hear an appeal about a case involving claims of race discrimination in its disciplinary processes.’

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Legal Futures, 2nd February 2017

Source: www.legalfutures.co.uk

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Paulley: An everyday step? – Cloisters

Posted January 31st, 2017 in appeals, disabled persons, news, Supreme Court, transport by sally

‘On 24 February 2012, Doug Paulley tried to do something most of us would not think twice about. He went to catch a bus. He wanted to get from Wetherby to Leeds to catch a train. The single wheelchair space was occupied, not by another wheelchair user, but by a pushchair. The bus driver asked the owner to move but did nothing more when she refused. Mr Paulley was unable to travel on that bus, so missed his train.’

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Cloisters, 30th January 2017

Source: www.cloisters.com

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Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, international law, Supreme Court, Uncategorized by sally

‘The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. On Lord Reed’s account, the situation is simpler than anyone who had observed UK and EU law for the past 45 years could have imagined. The UK takes a dualist approach to international law, and EU law is international law. Once this characterisation is accepted the case is over.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

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Pavlos Eleftheriadis: The Systematic Constitution – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, news, repeals, Supreme Court, treaties by sally

‘The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. The High Court said that the substantive rights arising out of EU law and the European Communities Act 1972, in employment, environment, consumer protection, competition or free movement, could not be abolished merely by the exercise of the royal prerogative. This was a standard interpretation of existing law, adapted for the context of Article 50. The Supreme Court accepted that this was correct, but added one additional reason.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

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Schools relax term time holiday rules as one father’s case goes to the Supreme Court – Daily Telegraph

Posted January 30th, 2017 in appeals, education, fines, holidays, local government, news, school children, Supreme Court by sally

‘Term-time holidays are now being allowed by schools in many parts of the country after councils changed their policy fining parents.’

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Daily Telegraph, 30th January 2017

Source: www.telegraph.co.uk

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Brexit judgment: oil and water don’t mix – Law Society’s Gazette

‘Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.’

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Law Society’s Gazette, 26th January 2017

Source: www.lawgazette.co.uk

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Defying convention: Supreme Court puts Sewel on the sidelines – UK Human Rights Blog

Posted January 27th, 2017 in devolution issues, EC law, news, parliament, referendums, Scotland, Supreme Court, treaties by sally

‘In the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government.’

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UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

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The supreme court Brexit judgment isn’t a victory for me, but for our constitution – The Guardian

Posted January 24th, 2017 in appeals, constitutional law, EC law, judgments, news, parliament, Supreme Court, treaties by sally

‘An overriding principle of British law is that parliament is sovereign – and we should be grateful to the judges, in the face of huge pressure, for upholding it.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

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