‘The resurrected Bill of Rights Bill (BoRB) shows that the government is continuing to grasp at the wrong end of the remedies stick – and it will continue to do so until it pays attention to the evidence. ‘
UK Constitutional Law Association, 24th November 2022
Source: ukconstitutionallaw.org
‘The Scottish parliament cannot hold a second independence referendum without Westminster approval, the UK supreme court has ruled, in a unanimous judgment likely to anger Scottish nationalists who say the country’s future is for Scottish voters to decide.’
The Guardian, 23rd November 2022
Source: www.theguardian.com
‘All you need to know about decision on whether Scotland can hold new referendum without Westminster approval.’
The Guardian, 23rd November 2022
Source: www.theguardian.com
‘With the reinstatement of Dominic Raab as Secretary of State for Justice, the Bill of Rights Bill, currently before Parliament, is once again a possibility only weeks after Liz Truss halted its progression on account that it was a ‘complete mess’. This post examines the Bill’s provisions on overseas military operations, how they compare with the UK judiciary’s approach, the Overseas Operations (Service Personnel and Veterans) Act 2021, and the European Court of Human Rights (ECtHR) jurisprudence. Also highlighted are other extraterritoriality issues outside overseas military operations that the UK will have to consider.’
UK Constitutional Law Association, 22nd November 2022
Source: ukconstitutionallaw.org
‘The Internet Watch Foundation says it found nearly 900 instances of the most severe types of child sexual abuse content in just five days.’
The Independent, 18th November 2022
Source: www.independent.co.uk
‘Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliott described as the rigour of rights protection. The repeal of s. 3 HRA is surely one of the major cuts of judicial competences that the Bill of Rights Bill aims to undertake. Reinforcing a suggestion made by Eirik Bjorge and Michael Foran, it will hence be argued that the judiciary may well fill this protection gap by applying the proactive principle of legality (PoL). The use of this principle, however, can only be justified by acknowledging a new doctrinal foundation that reconciles it with parliamentary sovereignty.’
UK Constitutional Law Association, 17th November 2022
Source: ukconstitutionallaw.org
‘In previous work, I have criticised the courts’ apparent confusion and/or uneasiness with the making of declarations of incompatibility under section 4 of the Human Rights Act 1998 (“HRA”). I have argued that the courts have paid insufficient mind to the fact that the regime under sections 3-4 of the HRA is different to the regime under HRA sections 6-9. The related questions of who has standing to bring a section 4 claim and what “incompatibility” means are unresolved. In this post, I recap my argument and attempt to ignite a discussion about the proper purpose of section 4, prior to any future human rights reform.’
UK Constitutional Law Association, 16th November 2022
Source: ukconstitutionallaw.org
‘This briefing will discuss the Government’s Bill to ensure seafarers with close ties to the UK are paid at least an equivalent to the UK national minimum wage while they are in UK waters.’
House of Commons Library , 14th November 2022
Source: commonslibrary.parliament.uk
‘Bob Blackman’s Private Members Bill will receive its second reading on 18 November 2022. This paper explains how the bill aims to strengthen regulation of supported exempt housing in England.’
House of Commons Library , 15th November 2022
Source: commonslibrary.parliament.uk
‘The Retained EU Law (Revocation and Reform) Bill will fundamentally change the UK’s post-Brexit legal landscape if it becomes law, including impacting intellectual property (IP) related legislation.’
OUT-LAW.com, 10th November 2022
Source: www.pinsentmasons.com
‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’
Law Society's Gazette, 8th November 2022
Source: www.lawgazette.co.uk
‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
‘Employers not paying workers their tips in their entirety, without deductions, may soon become illegal.’
BBC News, 30th October 2022
Source: www.bbc.co.uk
‘Proposed Government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a Westminster committee has found.’
The Independent, 26th October 2022
Source: www.independent.co.uk
‘The Northern Ireland Protocol Bill moves to its next stage in the House of Lords on Tuesday.’
BBC News, 25th October 2022
Source: www.bbc.co.uk
‘The role of “professional enablers” in white-collar crime is set to come under new scrutiny this week as the government’s Economic Crime and Transparency Bill enters its next parliamentary stage. Ministers are expected to come under pressure to accept amendments that would lower the threshold for the prosecution of individuals for corporate crimes and to create new “failure to prevent” offences.’
Law Society's Gazette, 24th October 2022
Source: www.lawgazette.co.uk
‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers developments to date.’
House of Commons Library, 24th October 2022
Source: commonslibrary.parliament.uk
‘Employers, trade unions, lawyers and environmentalists are calling on Rishi Sunak to scrap Jacob Rees-Mogg’s legislation that would sweep away 2,400 laws derived from the EU.’
The Guardian, 24th October 2022
Source: www.theguardian.com
‘Leading lawyers have sounded the alarm over Jacob Rees-Mogg’s proposals for post-Brexit legislation that could result in 2,400 laws disappearing overnight – including a ban on animal testing for cosmetics, workers’ rights and environmental protections.’
The Guardian, 24th October 2022
Source: www.theguardian.com
‘During Boris Johnson’s premiership the Government published a Bill of Rights Bill which would repeal the Human Rights Act 1998 and replace it with a new framework to implement the European Convention on Human Rights. The Bill has not yet had its second reading and its fate is now unclear.’
House of Commons, 19th October 2022
Source: commonslibrary.parliament.uk
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