Supreme court poised to rule against Boris Johnson, say legal experts – The Guardian

‘Boris Johnson would have no option but to recall MPs to Westminster if the supreme court rules he misled the Queen, senior legal sources told the Observer yesterday.’

Full Story

The Guardian, 22nd September 2019

Source: www.theguardian.com

John Major’s lawyer attacks No 10 prorogation claims as ‘misleading’ – The Guardian

‘Downing Street put out “misleading” statements about the prorogation of parliament and published excuses for Boris Johnson’s five-week suspension of the Commons that are “not the true reasons”, the supreme court has been told by a lawyer for the former prime minister John Major.’

Full Story

The Guardian, 19th September 2019

Source: www.theguardian.com

Supreme Court: What happened in the suspension of Parliament case? – BBC News

‘This was no ordinary court case. The battle in the Supreme Court over the shutdown of Parliament is a historic test of the powers of the prime minister, MPs and the courts.’

Full Story

BBC News, 19th September 2019

Source: www.bbc.co.uk

Jeff King: Miller/Cherry and Remedies for Ultra Vires Delegated Legislation – UK Constitutional Law Association

‘The issue of remedies for any finding that the 2019 prorogation of the UK Parliament is unlawful is presently under discussion in pleadings in the joined appeals of Miller No.2 and Joanna Cherry MP (and others) in the Supreme Court. Essentially, the question concerns what must occur if the minister’s advice is found unlawful, and what is the effect of ‘declaring’ the Order in Council which authorized the prorogation of Parliament to be ultra vires. Does it mean prorogation never legally happened? Should Parliament have been in session all along? How is any summoning or recall to take effect?’

Full Story

UK Constitutional Law Association, 19th September 2019

Source: ukconstitutionallaw.org

Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty – UK Constitutional Law Association

Posted September 18th, 2019 in brexit, constitutional law, Crown, news, parliament, prerogative powers, Privy Council by tracey

‘The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive to the petitioners’ argument that the advice given to Her Majesty violated the conventional purposes for which prorogation ought to be used and was therefore unconstitutional (Cherry, [1]; see also Lord Sumption). Where the court erred was in concluding that the act of prorogation was itself unlawful. The intimate relationship between the prerogative power to prorogue and the supremacy of Parliament precludes such a conclusion. If, as seems correct, a response to this breach of convention is warranted, it is one that can, constitutionally, only come from Parliament itself.’

Full Story

UK Constitutional Law Association, 17th September 2019

Source: ukconstitutionallaw.org

A Tale of Two Judgments: Scottish Court of Session rules prorogation of Parliament unlawful, but High Court of England and Wales begs to differ – UK Human Rights Blog

‘The Scottish Court of Session (Inner House) today ruled that the Prime Minister’s advice to the Queen to prorogue Parliament was unlawful. The High Court of England and Wales today handed down its judgment on the same issue – and came to the opposite conclusion.’

Full Story

UK Human Rights Blog, 11th September 2019

Source: ukhumanrightsblog.com

Alan Greene: Miller 2, Non-justiciability and the Danger of Legal Black Holes – UK Constitutional Law Association

‘In R (Miller) and Others v The Prime Minister (hereinafter Miller No.2), the High Court of England and Wales found that the decision of the Prime Minister to advise the Queen to prorogue parliament was non-justiciable. In doing so, the judgment reveals the propensity of the judiciary to be much more protective of its own empire than that of the legislature. Ultimately, however, it is an approach that undermines both due to the creation of a legal black hole.’

Full Story

UK Constitutional Law Association, 13th September 2019

Source: ukconstitutionallaw.org

In defence of the Fixed-term Parliaments Act – UCL Constitution Unit

‘The Fixed-term Parliaments Act has come in for a lot of criticism of late, but is it as badly designed and drafted as some commentators would have us believe? The House of Lords Constitution Committee recently commenced an inquiry into the effectiveness of the Act to seek answers to this question. Robert Hazell and Nabila Roukhamieh-McKinna explain the background to the inquiry, and some of the key issues being addressed.’

Full Story

UCL Constitution Unit , 23rd September 2019

Source: constitution-unit.com

Watchdog questions collection of public’s Gov.uk data – BBC News

‘The UK’s Information Commissioner’s Office is questioning the UK government about the collection of personal data on its Gov.uk platform.’

Full Story

BBC News, 12th September 2019

Source: www.bbc.co.uk

Brexit: Scottish judges rule Parliament suspension is unlawful – BBC News

‘Boris Johnson’s suspension of the UK Parliament is unlawful, Scotland’s highest civil court has ruled.’

Full Story

BBC News, 11th September 2019

Source: www.bbc.co.uk

New Acts – legislation.gov.uk

Posted September 11th, 2019 in brexit, EC law, leases, legislation, parliament, repairs by tracey

Parliamentary Buildings (Restoration and Renewal) Act 2019

European Union (Withdrawal) (No. 2) Act 2019

Kew Gardens (Leases) Act 2019

Source: www.legislation.gov.uk

No 10 request for user data from government website sparks alarm – The Guardian

Posted September 11th, 2019 in brexit, consent, data protection, government departments, human rights, internet, news, privacy by tracey

‘Data privacy campaign groups and Labour have expressed alarm after it emerged Downing Street has ordered departments to centralise the collection and analysis of user information from the government’s main public information website ahead of Brexit.’

Full Story

The Guardian, 10th September 2019

Source: www.theguardian.com

EU children in custody to be stripped of rights as Home Office prevents them from applying for settled status – The Independent

Posted September 10th, 2019 in brexit, children, EC law, immigration, imprisonment, news, young offenders by tracey

‘Dozens of vulnerable EU children serving jail sentences in Britain could be stripped of their immigration rights after Brexit because the Home Office is refusing to let them apply for settled status.’

Full Story

The Independent, 10th September 2019

Source: www.independent.co.uk

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

Full Story

BBC News, 4th September 2019

Source: www.bbc.co.uk

Philip Allott: The Legality of a No-Deal Brexit Could Be Challenged – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, EC law, international law, interpretation, news, time limits, treaties by sally

‘It may be that there is no such thing as a date of 31 October 2019 for a no-deal UK withdrawal from the EU. On 9 April 2019, according to Le Monde, Michel Barnier, chief negotiator for the European Council in the withdrawal negotiations with the UK, said: ‘The EU will never take a decision on a ‘no deal’. That will be a choice for the British.’’

Full Story

UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Article: The legal challenge to proroguing Parliament – what is happening in the Scottish Courts? – UKSC Blog

‘In this article, UKSC Blog editor, Emma Boffey, an associate at CMS based in Scotland, writes on the Scottish legal challenge to the proroguing of the UK Parliament: a case widely expected to head to the UK Supreme Court in the coming weeks.’

Full Story

UKSC Blog, 2nd September 2019

Source: ukscblog.com

Asylum-Seeking Children Might Not Be Able To Reunite With Their Families After Brexit, Campaigners Warn – Rights Info

‘The Home Office is looking to end the current system which reunites asylum-seeking children with their families if a no-deal Brexit goes through.’

Full Story

Rights Info, 2nd September 2019

Source: rightsinfo.org

Jacob Rowbottom: Political Purposes and the Prorogation of Parliament – UK Constitutional Law Association

Posted September 3rd, 2019 in brexit, constitutional law, news, parliament, prerogative powers, royal prerogative by sally

‘While the prorogation of Parliament has generated political controversy, constitutional lawyers are asking whether the government acted legally in advising the Monarch. The legal challenges to the prorogation will face a number of hurdles. Even if the prerogative power is justiciable, there are difficult questions in identifying the specific legal issue. When writing about a potential challenge in June, Lord Pannick stated that one legal objection is that ‘the prime minister would be seeking to prorogue parliament for the purpose of avoiding parliamentary sovereignty on an issue of significant constitutional importance’. This post will explore a related line of argument, which focuses on proroguing Parliament as a means to avoid political accountability (so the argument does not rely on the language of sovereignty). The starting point in the line of argument is that the prorogation will to some degree hinder Parliament in whatever it wants to do in the period immediately prior to Britain exiting the EU. That goes beyond the potential to enact legislation or pass a motion of no confidence, and also includes the ordinary channels of political accountability and scrutiny of government.’

Full Story

UK Constitutional Law Association, 3rd September 2019

Source: ukconstitutionallaw.org

Prorogation: Constitutional Principle and Law, Fact and Causation – Oxford Human Rights Hub

‘The Prime Minister’s recent announcement that Parliament would be prorogued, thereby severely curtailing the opportunity for parliamentary debate, raises important issues of constitutional principle and law, and also issues concerning fact and causation. They are examined in turn.’

Full Story

Oxford Human Rights Hub, 31st August 2019

Source: ohrh.law.ox.ac.uk

Playing Hardball with the Queen – Oxford Human Rights Hub

Posted September 2nd, 2019 in bills, brexit, constitutional law, Crown, news, parliament, prerogative powers by sally

‘The idea of constitutional hardball was introduced to the world by Mark Tushnet. The sport is played when political actors decide the stakes are so high that any lawful action is justified, no matter how constitutionally problematic: hardball stays within the confines of the law, but runs against the spirit, and sometimes the conventions, of the constitution.’

Full Story

Oxford Human Rights Hub, 31st August 2019

Source: ohrh.law.ox.ac.uk