Settled Status, Permanent Residence and Indefinite Leave to Remain – Richmond Chambers

Posted December 4th, 2019 in brexit, citizenship, immigration, news, passports, time limits by sally

‘With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration Rules.’

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Richmond Chambers, 25th November 2019

Source: immigrationbarrister.co.uk

Landmarks in law: the Brexit court ruling that thwarted Boris Johnson – The Guardian

‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

‘Deplorable and terrible’: Bar warned of UK’s dwindling role on world stage – Law Society’s Gazette

‘The United Kingdom’s legal status on the global stage is under threat, an international law expert has warned, citing Brexit, the prorogation of Parliament and the dwindling count of UK judges serving on the benches of international judges.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

Legislating for a new framework – Law Society’s Gazette

Posted November 25th, 2019 in bills, brexit, climate change, environmental health, environmental protection, news by sally

‘On 15 October the Environment Bill was published. The first half of the bill was originally published in December 2018 as the Environmental (Principles and Governance) Bill.’

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Law Society's Gazette, 25th November 2019

Source: www.lawgazette.co.uk

General election: Brexiteer running against Anna Soubry banned from constituency after harassing MP – The Independent

Posted November 21st, 2019 in bail, brexit, elections, harassment, news, restraining orders by tracey

‘A Brexiteer who is running against Anna Soubry in the general election has been convicted of harassing the Change UK leader. Amy Dalla Mura was banned from entering the Broxtowe constituency at Westminster Magistrates’ Court on Wednesday.’

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The Independent, 20th November 2019

Source: www.independent.co.uk

Miller 2, the Supreme Court and the politics of constitutional interpretation – Counsel

Posted November 20th, 2019 in brexit, constitutional law, news, parliament, prorogation, Supreme Court by sally

‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Ten years on: how has the Supreme Court fared? – Counsel

‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’

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Counsel, November 2019

Source: www.counselmagazine.co.uk

Anthony Arnull: The European Union (Withdrawal Agreement) Bill – UK Constitutional Law Association

Posted November 4th, 2019 in bills, brexit, constitutional law, news by sally

‘The European Union (Withdrawal Agreement) Bill is intended to give effect in the UK to the Withdrawal Agreement (WA) agreed by the UK with the EU-27 on 1 October 2019. The Bill received its second reading on 22 October 2019 and is currently in ‘limbo’ pending the start of the committee stage. If and when it is adopted, the Bill will make significant amendments to (inter alia) the European Union (Withdrawal) Act 2018 (EUWA).’

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UK Constitutional Law Association, 4th November 2019

Source: ukconstitutionallaw.org

Environmental Law News Update – Six Pump Court

‘In this latest Environmental Law News Update Gordon Wignall, Christopher Badger and Natasha Hausdorff consider the recently published Environment Bill, the European Union (Withdrawal Agreement) Bill and whether public nuisance might provide a means of taking action in cases of climate change.’

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Six Pump Court, 23rd October 2019

Source: www.6pumpcourt.co.uk

How Brexit may have changed Parliament forever – OUP Blog

Posted October 30th, 2019 in brexit, constitutional law, news, parliament by sally

‘During 2019, the Brexit process has radically changed the dynamics between the prime minister and the House of Commons. Normally the United Kingdom’s government, led by the prime minister and her Cabinet, provides leadership, and drives and implements policy while Parliament exercises control over the government by scrutinising its actions and holding it to account. This is a carefully balanced relationship, although a government with a strong majority can dominate decision making in the House of Commons.’

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OUP Blog, 30th October 2019

Source: blog.oup.com

What’s (or what’s not) in the Johnson draft Withdrawal Agreement Bill? – Monckton Chambers

Posted October 29th, 2019 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The European Union (Withdrawal Agreement) Bill (“WAB”) is (to put it mildly) a web of complexity.’

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Monckton Chambers, 25th October 2019

Source: www.monckton.com

Adam Tucker: A First Critical Look at the Scrutiny of Delegated Legislation in the Withdrawal Agreement Bill – UK Constitutional Law Association

Posted October 24th, 2019 in bills, brexit, news, regulations by sally

‘In this post, I make a preliminary attempt at assessing the provision made in the EU (Withdrawal Agreement) Bill – or WAB – for the scrutiny of the legislative powers which it delegates to the executive. My conclusions are not positive. The scrutiny procedures it seeks to enact are inadequate – so inadequate that it would be a constitutional mistake for Parliament to approve this aspect of the WAB without significant amendment. At the very least (or so I suggest) the Bill ought to be amended to incorporate the so-called “sifting process” developed for equivalent delegated powers under the European Union (Withdrawal) Act 2018 (EUWA). Better still, this should be seen as an opportunity to embrace further incremental improvements on that process.’

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UK Constitutional Law Association, 24th October 2019

Source: ukconstitutionallaw.org

Court asked to consider if PM’s Brexit delay tactic is lawful – BBC News

Posted October 21st, 2019 in appeals, brexit, constitutional law, delay, news, parliament, Scotland by sally

‘Scotland’s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.’

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BBC News, 21st October 2019

Source: www.bbc.co.uk

Government revokes Brexit regulation after judicial review threat – Law Society’s Gazette

‘The government has pledged to not use Henry VIII powers to make Brexit legislation after a public law charity threatened legal action.’

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Law Society's Gazette, 17th October 2019

Source: www.lawgazette.co.uk

No-Deal Brexit: EU Citizens Could Gain New Appeal Rights – Rights Info

Posted October 16th, 2019 in appeals, bills, brexit, citizenship, freedom of movement, immigration, news by sally

‘EU citizens and their family members could gain the right to appeal decisions on their applications for settled status in the event of a no-deal Brexit.’

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Rights Info, 15th October 2019

Source: rightsinfo.org

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II – UK Constitutional Law Association

‘This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.’

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UK Constitutional Law Association, 10th October 2019

Source: ukconstitutionallaw.org

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I – UK Constitutional Law Association

‘This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.’

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UK Constitutional Law Association, 9th October 2019

Source: ukconstitutionallaw.org

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law – UK Constitutional Law Association

‘In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A Reference by the Attorney General and the Advocate General for Scotland, the Supreme Court briefly directed its focus to its understanding of the nature of “nullity” following a finding of administrative unlawfulness. Its approach surprised some commentators, but in this post I will suggest that, far from being completely novel, the distinctions it appears to draw are familiar within the law of habeas corpus. This comparison will, I suggest, cast light upon the shifting and somewhat complex idea of “nullity” in UK public law.’

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UK Constitutional Law Association, 8th October 2019

Source: ukconstitutionallaw.org

The UK Supreme Court’s “One Off” Judgment – Oxford Human Rights Hub

‘It was a “one off”. A conclusive determination on a series of seismic constitutional clashes: representative democracy versus direct democracy, the executive versus Parliament, and the role of the Court in the separation of powers. Judges examining the constitution against a seething political background. But the lions emerged from beneath the throne, unanimously, in a judgment that unlocked the doors of Parliament and clearly, soberly reasserted our sovereign legislature.’

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Oxford Human Rights Hub, 9th October 2019

Source: ohrh.law.ox.ac.uk

The Four Categories of Risk to Rights in the Brexit Process – Oxford Human Rights Hub

Posted October 9th, 2019 in brexit, EC law, human rights, news by sally

‘Writing only weeks before the (re)scheduled date of UK withdrawal from the EU, there seems little of which to be certain: it is still uncertain whether the UK will withdraw on a ‘No-Deal’ basis, or under a Withdrawal Agreement. Whatever the process of withdrawal, however, there should be no doubt that it will have a negative impact on the system of rights protection in the UK. Beyond the immediate loss of rights and remedies which arise directly from EU membership, the legal process of withdrawal has already indicated this negative impact: under the European Union (Withdrawal) Act 2018, the EU Charter of Fundamental Rights will not be retained, just as general principles (including recognisably fundamental rights) are retained only where they have been recognised by EU case law but given no right of action or remedy. The 2018 Act also follows similar Brexit legislation in delegating wide legislative power to the executive (unprecedented in scale and scope) to amend or repeal retained EU law. While the cumulative effect of Brexit is as yet near-impossible to fully gauge, the aim of this post is to introduce four categories of risk to the protection of rights posed by the Brexit process.’

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Oxford Human Rights Hub, 7th October 2019

Source: ohrh.law.ox.ac.uk