Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by tracey

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

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UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

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What is article 50? – video explainer – The Guardian

Posted June 29th, 2016 in EC law, news, referendums, treaties by sally

‘The only legal way for a Brexit – or for any member state to withdraw from the European Union – is by triggering an obscure and controversial clause in the Lisbon Treaty: article 50. It gives the departing country two years to negotiate the terms of its withdrawal and has never been used before. Tom Clark explains how it works’

Video

The Guardian, 29th June 2016

Source: www.guardian.co.uk

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Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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If the Chilcot report finds the Iraq invasion violated the UN Charter, what are the consequences? – Halsbury’s Law Exchange

Posted June 28th, 2016 in inquiries, international courts, Iraq, news, reports, treaties, United Nations, war by sally

‘The Chilcot report, when published next month, will surely criticise some of those responsible for launching the Iraq war on 20 March 2003 and for the suffering and damage which it caused. Lawyers are certainly already mulling over the prospect of litigation, criminal as well as civil.’

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Halsbury’s Law Exchange, 27th June 2016

Source: www.halsburyslawexchange.co.uk

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What is the legal meaning of “refugee”? – Free Movement

Posted June 23rd, 2016 in asylum, freedom of movement, immigration, news, refugees, treaties by sally

‘This week is Refugee Week. The Free Movement blog is about communicating complex legal issues in immigration and asylum law in a clear way and I thought it would be a good time to put together a short blog post explaining what a refugee actually is in legal terms and to collect together some of our previous blog posts about asylum issues. I hope you find it useful and interesting!’

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Free Movement, 22nd June 2016

Source: www.freemovement.org.uk

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Neil Walker: The Brexit Vote: The Wrong Question for Britain and Europe – UK Constitutional Law Association

‘Referendums are supposed to provide decisive interventions in the affairs of state. They are designed to produce clear ‘yes or no’ answers to large political questions. And as these answers also come with a rare level of popular endorsement, this should facilitate their effective and timely implementation.’

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UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

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Human Rights and Property Litigation: some general concepts – Falcon Chambers

‘In this talk we introduce you to some of the concepts that you need to be familiar with when dealing with human rights under the European Convention of Human Rights (“ECHR”) as incorporated into our domestic law by the Human Rights Act 1998 (“HRA”).’

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Falcon Chambers, May 2016

Source: www.falcon-chambers.com

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Father should be allowed to apply for parental responsibility following surrogacy – UK Human Rights Blog

‘Z (A Child) (No 2) [2016] EWHC 1191 (Fam) 20 May 2016. The Court of Protection has granted an order for a declaration of incompatibility with Convention rights of a section in the Human Fertilisation and Embryology Act on grounds of discrimination.’

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UK Human Rights Blog, 25th May 2016

Source: www.ukhumanrightsblog.com

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Latest twist on standard of review in Aarhus cases – UK Human Rights Blog

Posted May 3rd, 2016 in environmental protection, local government, news, treaties, trees by tracey

‘R (o.t.a. Dilner) v. Sheffield City Council [2016] EWHC 945 (Admin), Gilbart J, 27 April 2016. A quick note on the latest Aarhus Convention point to come before the domestic courts.’

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UK Human Rights Blog, 3rd May 2016

Source: www.ukhumanrightsblog.com

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Missed opportunities: the right of light and human rights – Tanfield Chambers

Posted April 26th, 2016 in human rights, news, treaties by sally

‘It is surprising that, during the 16 years that the Human Rights Act 1998 “HRA98” has been in force, that there has been no case in which the domestic courts have ruled upon the impact of convention rights in a case involving a right to light. The explanation for this may be found in the perception that convention rights are enforceable against public bodies, an understandable view in light of s6 of the HRA98, while litigation in these cases is between commercial organisations or private individuals. However, the perception that convention rights cannot apply in litigation between private individuals is not entirely correct. This article seeks to explore the basis upon which convention rights may assist in those cases concerning a right to light where conventional argument may not provide a successful outcome.’

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Tanfield Chambers, 22nd April 2016

Source: www.tanfieldchambers.co.uk

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What has the European Court of Human Rights done for us? – The Independent

‘Campaigners and politicians have criticised Home Secretary Theresa May’s assertion that Britain should leave the European Court of Human Rights (ECHR).’

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The Independent, 25th April 2016

Source: www.independent.co.uk

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The Legal Mechanics of Brexit – 11 KBW

Posted March 14th, 2016 in EC law, legislation, news, referendums, treaties by sally

‘This paper will offer some crystal ball gazing about how Brexit might take legal effect. It is necessarily speculative and uncertain. It looks at:-
(1) the referendum;
(2) withdrawal from membership of the EU under the Treaty for European Union (“TEU”);
and
(3) the effect of the European Communities Act 1972 (“the ECA”).’

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11 KBW, 1st March 2016

Source: www.11kbw.com

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Changes to compensation for nuclear incidents published by UK government – OUT-LAW.com

Posted March 9th, 2016 in accidents, compensation, news, nuclear power, treaties by tracey

‘Changes to the rules governing compensation for nuclear incidents will increase the amounts payable, as well as expand the categories of damage for which compensation may be claimed.’

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OUT-LAW.com, 8th March 2016

Source: www.out-law.com

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A “Legally Binding and Irreversible” Agreement on the Reform of the EU – Henderson Chambers

Posted February 24th, 2016 in benefits, EC law, freedom of movement, news, treaties by sally

‘This Note addresses the question whether the agreement representing the outcome of the negotiations between the United Kingdom and the European Union on the reform of the EU can appropriately be characterised, in the Prime Minister’s phrase, as “legally binding and irreversible”. The original version of the Note was submitted as written evidence to the House of Commons European Scrutiny Committee (“the Scrutiny Committee”), following on from oral evidence that I gave, together with Sir Francis Jacobs QC and Martin Howe QC, on 18 November 2015. That version was prepared in relation to the draft texts accompanying the letter dated 2 February 2016 from Mr Donald Tusk, the President of the European Council, to the Prime Minister. As presented here, the Note relates to the agreement finally reached on 19 February 2016, which differs in some respects from the texts circulated on 2 February, but not so as to cause me to take a different view of the matters discussed.’

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Henderson Chambers, 20th February 2016

Source: www.hendersonchambers.co.uk

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Cavalier with our Constitution: a Charter too far – UK Human Rights Blog

Posted February 10th, 2016 in constitutional law, EC law, human rights, news, treaties by sally

‘Last week Donald Tusk, President of the European Council, tabled a set of proposals which the government hopes will form the basis of the UK’s renegotiated relationship with the EU, in advance of an in-out referendum. Politically, the proposals may be just the job: a new commitment to enhance competitiveness, proposals to limit benefits to migrants, recognition that member states’ different aspirations for further integration must be respected, and creation of a (“red card”) mechanism to block EU legislation. Legally, however, they raise more questions than they answer.’

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UK Human Rights Blog, 9th February 2016

Source: www.ukhumanrightsblog.com

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Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph

Posted January 11th, 2016 in appeals, diplomats, housing, news, planning, treaties by tracey

‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’

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Daily Telegraph, 9th January 2016

Source: www.telegraph.co.uk

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When humanitarian law meets human rights – OUP Blog

Posted December 15th, 2015 in human rights, international law, news, treaties, war by sally

‘As we reflect on Human Rights Month and the implications of conflict throughout 2015, we have asked some of the humanitarian law scholars who contributed to the new Geneva Conventions Commentary to explore the interplay between these two important legal disciplines, and how we should approach them in the future.’

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OUP Blog, 15th December 2015

Source: www.blog.oup.com

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Lord Woolf warns of ‘dangers’ and ‘expense’ of scrapping Human Rights Act – Daily Telegraph

Posted November 11th, 2015 in deportation, EC law, human rights, international law, judges, news, treaties by sally

‘Abolishing current human rights laws will create uncertainty and give clever lawyers a field day, says former Lord Chief Justice.’

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Daily Telegraph, 10th November 2015

Source: www.telegraph.co.uk

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Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week

Posted November 10th, 2015 in adoption, appeals, care orders, EC law, foreign jurisdictions, news, treaties by sally

‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’

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Family Law Week, 10th November 2015

Source: www.familylawweek.co.uk

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£150m legal bill for troops just doing their duty – Daily Telegraph

Posted October 20th, 2015 in armed forces, bills, costs, human rights, judicial review, law firms, news, time limits, treaties, war by sally

‘Ministers draw up plans to pull out of the European Convention on Human Rights next time the Armed Forces are sent into combat.’

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Daily Telegraph, 17th October 2015

Source: www.telegraph.co.uk

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