Nicholas Reed Langen: Reforming the Supreme Court – UK Constitutional Law Association

Posted December 3rd, 2020 in constitutional law, diversity, judiciary, news, Supreme Court by tracey

‘Fresh from inaugurating its Independent Review of Administrative Law, this government is still not finished with the judiciary, at least according to recent policy proposals leaked to the Sunday Telegraph. Downing Street has also turned its eye onto the Supreme Court and its structure and composition.’

Full Story

UK Constitutional Law Association, 1st December 2020

Source: ukconstitutionallaw.org

The government and the judges – Counsel

Posted November 19th, 2020 in constitutional law, judiciary, news, parliament, Supreme Court by sally

‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’

Full Story

Counsel, November 2020

Source: www.counselmagazine.co.uk

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

Full Story

33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK

Posted November 9th, 2020 in brexit, constitutional law, news, parliament, podcasts by sally

‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’

Full Story

Law Pod UK, 4th November 2020

Source: audioboom.com

JR vital to constitutional balance of powers – Law Society’s Gazette

Posted October 26th, 2020 in constitutional law, judicial review, Law Society, news by sally

‘Anyone who is affected by the decisions of public bodies must be able to raise a challenge in the courts, the Law Society said today as it proposed reforms to the judicial review process.’

Full Story

Law Society's Gazette, 26th October 2020

Source: www.lawgazette.co.uk

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

Full Story

UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Jan van Zyl Smit and Aradhya Sethia: Partial Codification of Administrative Law: What are the Rule of Law Opportunities and Risks of the IRAL’s Remit? Part One – UK Constitutional Law Association

Posted October 21st, 2020 in constitutional law, consultations, news, rule of law by sally

‘The Independent Review of Administrative Law (IRAL), which is holding a short, seven-week consultation that will close on 26 October 2020, has a remit to consider whether parts of UK administrative law should be codified.’

Full Story

UK Constitutional Law Association, 20th October 2020

Source: ukconstitutionallaw.org

When it attacks ‘lefty lawyers’, this government takes aim at the rule of law – The Guardian

‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’

Full Story

The Guardian, 20th October 2020

Source: www.theguardian.com

Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers

Posted October 20th, 2020 in brexit, constitutional law, coronavirus, legislative drafting, news, regulations by sally

‘Why is legislating by Statutory Instrument so tempting for Government?’

Full Story

Blackstone Chambers, 14th October 2020

Source: www.blackstonechambers.com

Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t pull its punches. Its highly critical analysis is informed by several evidence sessions involving academics, legal experts and prominent parliamentarians including the Lord Chancellor.’

Full Story

UK Constitutional Law Association, 16th October 2020

Source: ukconstitutionallaw.org

What Has Judicial Review Ever Done For Us? – Each Other

‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’

Full Story

Each Other, 16th October 2020

Source: eachother.org.uk

UK needs judges to limit government power, says Lord Kerr – The Guardian

‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’

Full Story

The Guardian, 19th October 2020

Source: www.theguardian.com

Nicholas Reed Langen: Is the Supreme Court more interventionist? – UK Constitutional Law Association

Posted October 19th, 2020 in constitutional law, judges, judiciary, news, parliament, Supreme Court by sally

‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’

Full Story

UK Constitutional Law Association, 14th October 2020

Source: ukconstitutionallaw.org

Letter from the Chair of the Bar to the Prime Minister – The Bar Council

Full Story

The Bar Council, 9th October 2020

Source: www.barcouncil.org.uk

Law Society urges review to protect six fundamental principles of judicial review – Local Government Lawyer

Posted October 8th, 2020 in constitutional law, judicial review, Law Society, news, rule of law by tracey

‘The Law Society has set out six fundamental principles of judicial review that it says the Independent Review of Administrative Law (IRAL) “must protect”, arguing that judicial review is “a pillar of democracy and a vital check on power”.’

Full Story

Local Government Lawyer, 7th October 2020

Source: www.localgovernmentlawyer.co.uk

Legal profession hits back at Johnson over ‘lefty lawyers’ speech – The Guardian

“Lawyers say government’s hostility risks stirring up hatred and undermining rule of law.’

Full Story

The Guardian, 6th October 2020

Source: www.theguardian.com

Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent

‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’

Full Story

The Independent, 6th October 2020

Source: www.independent.co.uk

Why Coronavirus Curbs On Our Liberty Need Better Scrutiny – Each Other

‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’

Full Story

Each Other, 25th September 2020

Source: eachother.org.uk

Were the March 2020 lockdown restrictions lawfully imposed? (Part 1) — Emmet Coldrick – UK Human Rights Blog

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’

Full Story

UK Human Rights Blog, 24th September 2020

Source: ukhumanrightsblog.com

Theodore Konstadinides, Lee Marsons and Maurice Sunkin: Reviewing Judicial Review: The constitutional importance of the Independent Review of Administrative Law 2020 – UK Constitutional Law Association

Posted September 28th, 2020 in constitutional law, judicial review, news, statute law revision by sally

‘Last year, the Government committed itself to establishing a Commission on the Constitution, Democracy and Rights, which would consider reform of the UK’s constitutional order, including judicial review and the Human Rights Act 1998. Instead, on 30 July 2020, the Government launched an ostensibly narrower Independent Review of Administrative Law (IRAL) to examine the need for reforms of judicial review in particular. This is to be conducted by an advisory panel of experts led by Lord Faulks QC. Any options for reform put forward by the Review will be considered by the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP and by the Chancellor of the Duchy of Lancaster, Michael Gove MP. Both the report of the Review and the Government’s response will be published by the end of 2020 or shortly thereafter.’

Full Story

UK Constitutional Law Association, 24th September 2020

Source: ukconstitutionallaw.org