constitutional law – Current Awareness

Sanjit Nagi: “A Mandate for Change!”: Popular Sovereignty and the Labour Party – UK Constitutional Law Association

Posted July 23rd, 2024 in constitutional law, elections, government departments, news, parliament by tracey

‘The recent general election saw the Labour Party being elected with a majority of 171 seats in Parliament. The following morning, in his first speech as Prime Minister, Sir Keir Starmer claimed the nation had given the Labour Party a “clear mandate”. Similarly, the new Chancellor of the Exchequer, Rachel Reeves, stated the British people had voted for change and she had “begun the work necessary to deliver on that mandate” by implementing the economic ideas set out in the Labour Party’s manifesto. Lastly, in one of his first acts as Secretary of State for Energy Security and Net Zero, Ed Miliband’s lifting of the onshore wind ban was justified on the grounds of the new Labour government being “elected with a mandate to take immediate action to boost Britain’s energy independence”. Overall, there has been a heavy emphasis on the direct relationship between the electoral mandate given by the British people and the implementation of policies.

Whether intentional or not, this speaks to a socialistic-constitutional tradition that developed within the Labour Party from 1900 to 1951. This tradition saw a reformulation of the Diceyan view of parliamentary sovereignty in the British constitution. More specifically, it departed from a legal notion of sovereignty and understood the authority of the elected majority in Parliament, its legislators, and its political and policy agenda as deriving from the citizenry themselves. As such, reframing sovereignty as popular sovereignty was the basis for implementing an uninhibited, electorally sanctioned, social and economic agenda. The short and simple aim of this post is to provide a legal-historical account of this reimagination of sovereignty by key figures within the Labour Party.’

UK Constitutional Law Association, 22nd July 2024

Source: ukconstitutionallaw.org

Kate Ollerenshaw: Smarter Regulation: A Proliferation of Principles – UK Constitutional Law Association

Posted July 17th, 2024 in brexit, constitutional law, legislation, news, statute law revision by tracey

‘Shortly before the July 2024 general election was called, the Conservative Government published a White Paper on its approach to regulatory reform. Intended to ensure the UK’s regulatory landscape delivered “a world-class service”, Smarter Regulation: Delivering a Regulatory Environment for Innovation, Investment and Growth included a number of proposals to streamline regulation, including a one-stop shop and portal to access regulations, an enhanced role for the Regulatory Policy Committee in scrutinising options and impact assessments for legislation, and a framework to measure progress by regulators caught by the Growth Duty established under s. 108 of the Deregulation Act 2015 and now subject to new statutory guidance issued a few days after the White Paper was published.’

UK Constitutional Law Association, 17th July 2024

Source: ukconstitutionallaw.org

Gabriel Tan and Lewis Graham: A Quiet Revolution – Rationality and the Parole Board – UK Constitutional Law Association

Posted July 12th, 2024 in constitutional law, government departments, judges, judicial review, news, parole, prisons by sally

‘It is not that often that first instance judges in judicial review claims disagree as to the approach to be taken in the context of a core question relating to judicial review. When it happens, administrative lawyers are bound to take notice. This has most recently occurred in the context of rationality challenges to decisions taken by the Secretary of State for Justice to reject Parole Board recommendations to release or transfer to open conditions. The most interesting aspect of this recent phenomenon is that the High Court has managed to hand down, on our count, 13 reported decisions over the last two years, before the Court of Appeal has had the opportunity to “resolve” the issue, although a hearing is currently listed before the Court of Appeal in appeals against two of these decisions in October 2024. In this piece, we seek to explain the current position, highlighting areas of agreement and disagreement between first instance judges, and which questions remain, as yet, unresolved.’

UK Constitutional Law Association, 11th July 2024

Source: ukconstitutionallaw.org

Looking Beyond the Traditional: A Multi-dimensional Account of the Modern Judicial Role – Judicial Review

Posted June 27th, 2024 in constitutional history, constitutional law, judiciary, news by sally

‘This article makes quite a simple claim: that it is appropriate to conceptualise the role of judges in today’s constitution as one which is multi-dimensional. This article considers how we understand “the judicial role” within the constitution historically before mapping out notable moments in that history to document the evolution of the role from “old” to “new”. Next, the article asks us to think about who our judges are by offering a brief reflection on the state of the modern judiciary and its composition.’

Judicial Review, 29th May 2024

Source: www.tandfonline.com

Chris McCorkindale and Aileen McHarg: The Territorial Constitution and the 2024 UK General Election – UK Constitutional Law Association

Posted June 20th, 2024 in constitutional law, devolution, news, Northern Ireland, political parties, Scotland, Wales by sally

‘The Liberal Democrat, Conservative and Labour manifestos offer markedly different visions for the future of devolution in Scotland, Wales and Northern Ireland after the 2024 UK General Election . At one extreme, the Liberal Democrats offer fundamental constitutional reform. If elected, they have promised to “transfer greater powers away from Westminster and Whitehall” by “[strengthening] the voices of England, Wales, Scotland and Northern Ireland” as part of a “written constitution for a federal United Kingdom”. They would, inter alia, “complete” the further devolution of powers set out in the Smith and Silk Commissions, strengthen mechanisms for intergovernmental working and dispute resolution, and remove the ability of the UK Parliament unilaterally to amend devolved competence or legislate in devolved areas. At the other extreme, the Conservative Party manifesto marks the end of the road for the further devolution of powers or the deeper entrenchment of devolved institutions. The devolved governments, they say, “now have the right balance of powers to deliver for the people [of Scotland, Wales and Northern Ireland]”. The Conservative Party’s focus therefore falls on holding the devolved governments responsible for their performance, making devolved governments more accountable within the devolved legislatures, encouraging the decentralisation of power away from Holyrood, Cardiff Bay and Stormont, and strengthening the role, powers and visibility of the UK Government, including in devolved areas.’

UK Constitutional Law Association, 20th June 2024

Source: ukconstitutionallaw.org

Joe Tomlinson: Why Has There Been a 264% Increase in Asylum Appeals? – UK Constitutional Law Association

Posted June 19th, 2024 in appeals, asylum, constitutional law, government departments, immigration, news, statistics, tribunals by sally

‘If an application for asylum is refused, the applicant can appeal to the First-tier Tribunal. The latest tribunal statistics show a sharp increase in the number of asylum appeals lodged in the tribunal.’

UK Constitutional Law Association, 19th June 2024

Source: ukconstitutionallaw.org

Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence – Constitutional Law Association

Posted June 17th, 2024 in appeals, attempts, compensation, constitutional law, criminal justice, human rights, miscarriage of justice, murder, news, rape, Supreme Court by tracey

‘On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to perform a “return shot” after UK courts were very hostile to its earlier judgments on this issue.’

Constitutional Law Association, 13th June 2024

Source: ukconstitutionallaw.org

Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence? – UK Constitutional Law Association

Posted June 10th, 2024 in bills, computer programs, constitutional law, courts, criminal justice, fraud, judiciary, miscarriage of justice, news, parliament, postal service by tracey

‘For the first time, by way of the Post Office (Horizon System) Offences Act (“the Act”), Parliament has legislated to quash criminal convictions. In this post I will argue that, no matter how understandable, indeed laudable, the intention behind this legislation, in its haste to offer a speedy and comprehensive correction to mass injustice, Parliament has crossed a constitutional line and ventured into territory that is properly the preserve of the courts.’

UK Constitutional Law Association , 3rd June 2024

Source: ukconstitutionallaw.org

Se-shauna Wheatle and Roger Masterman: The Legal and Political Dimensions of Unwritten Constitutional Norms and Principles – UK Constitutional Law Association

Posted May 29th, 2024 in constitutional law, news by tracey

‘Unwritten constitutional principles supply much of the foundation – or ‘hidden wiring’ – of the UK constitution. As Lord Reed has recently recognised, the constitution relies on numerous “understandings, generally tacit, about how power should be exercised”. Constitutional form and constitutional culture, working in combination, have produced a state in which even vital constitutional principles remain somewhat elusive; Lord Reed continues: “[b]ecause we have no written constitution, and court cases raising constitutional questions have until recently been few and far between, there has been relatively little by way of legal definition of constitutional principles.” Nonetheless, courts and political organs recognise the role of the rule of law, parliamentary sovereignty, and separation of powers as animating principles of the constitution.’

UK Constitutional Law Association, 29th May 2024

Source: ukconstitutionallaw.org

Daniel Skeffington and Philippe Lagassé: Principle, Practice, and Prerogative – UK Constitutional Law Association

Posted May 24th, 2024 in constitutional law, news, parliament, prerogative powers, royal family, royal prerogative by sally

‘It remains commonplace, both in political and public law discourse, to describe the Royal Prerogative as archaic or anachronistic. Executive power in the United Kingdom may begin with the Crown, but even the most venerated constitutional historians have long thought “the Crown” is a convenient cover for ignorance. Much like the sovereignty of Parliament, the more one explores its foundations, the more one suspects the bedrock will turn out to be quicksand. As the residue of the Crown’s discretionary authority, exercised by Ministers by convention without formal or legal restraint, it has been said prerogative remains difficult to translate into the modern era, precisely because it derives from the sixteenth century. A space devoid, on some accounts, of legality itself.’

UK Constitutional Law Association, 23rd May 2024

Source: ukconstitutionallaw.org

Letterbox contact can no longer be seen as appropriate regime for most cases, and should “certainly not be the norm”: Family President – Local Government Lawyer

Posted May 24th, 2024 in adoption, child abuse, children, constitutional law, families, family courts, judges, judiciary, local government, news, parliament, prerogative powers, royal family, victims by sally

‘The President of the Family Division, Sir Andrew McFarlane, has outlined the need for a “new approach” to post-adoption contact, noting that letterbox contact can “no longer be seen as the appropriate regime for most cases”.’

Local Government Lawyer, 23rd May 2024

Source: www.localgovernmentlawyer.co.uk

Tom Hickman KC and Joe Tomlinson: What role did judicial review play during the pandemic? – UK Constitutional Law Association

Posted May 13th, 2024 in constitutional law, coronavirus, judicial review, news by tracey

‘In one of the most celebrated passages in legal history, Lord Atkin stated in Liversidge v Anderson [1942] AC 206 that whether in war or in peace, the laws speak in the same voice and that the judges, “stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.” During the COVID-19 pandemic, the country was on a war footing, although the enemy was a virus rather than a foreign state. The country was subject to the most severe restrictions on personal liberty in modern times, with people being confined to their homes, often for lengthy periods; families, partners, and friends separated; and schools, workplaces and places of worship closed. It provides a unique opportunity to examine how the system of judicial review responds to a prolonged crisis. This “stress test” of the judicial review system is revealing, not least by exposing the fact that it was the system rather than the judges, that had greatest impact in terms of revising and improving rules and decisions taken by governments.’

UK Constitutional Law Association, 13th May 2024

Source: ukconstitutionallaw.org

Joe Tomlinson, Angela Paul, and Jed Meers: Are Statutory Duties to Protect the ‘Vulnerable’ a Good Idea? – UK Constitutional Law Association

Posted April 17th, 2024 in benefits, constitutional law, government departments, news, statutory duty by sally

‘The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants?’

UK Constitutional Law Association, 16th April 2024

Source: ukconstitutionallaw.org

Conor Crummey : The Safety of Rwanda (Asylum and Immigration) Bill and the Judicial ‘Disapplication’ of Statutes – UK Constitutional Law Association

Posted March 26th, 2024 in bills, constitutional law, deportation, immigration, judiciary, news, parliament, Rwanda by tracey

‘The myriad problems with the Safety of Rwanda (Asylum and Immigration) Bill, as well as the policy that the Bill is supposed to facilitate, have been clearly documented. One common criticism is that the Bill would precipitate a “constitutional crisis” by provoking the courts into refusing to recognise its legal effect. Adam Tucker argues that the Bill’s most problematic sections could very well “count as a novel entry in our canon of possible limits of parliamentary sovereignty”. Jeff King argues that the House of Lords would be justified in radically amending or voting the Bill down, precisely because of the danger that it might incite a constitutional crisis. The Lords suggested sweeping amendments to the Bill, all of which were rejected by the Commons. The Bill will continue to go through a ping-pong process between each House before a final wording is settled.’

UK Constitutional Law Association, 26th March 2024

Source: ukconstitutionallaw.org

Madeline Gleeson & Theodore Konstadinides: The UK’s Rwanda policy and Lessons from Australia- UK Constitutional Law Association

Posted March 15th, 2024 in appeals, asylum, bills, constitutional law, deportation, government departments, human rights, immigration, international law, news, Rwanda, Supreme Court by sally

‘In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.’

UK Constitutional Law Association, 14th March 2024

Source: ukconstitutionallaw.org

An Evolving Institution: The work of the Judicial Committee of the Privy Council – Supreme Court

Posted February 27th, 2024 in appeals, constitutional history, constitutional law, lectures, news, Privy Council, Supreme Court by tracey

‘Lady Rose – An Evolving Institution: The work of the Judicial Committee of the Privy Council. The Queen’s Distinguished Lecture in Law.’

Supreme Court, 21st February 2024

Source: www.supremecourt.uk

Removing UK climate protesters’ defence ‘could erode right to trial by jury’ – The Guardian

Posted February 22nd, 2024 in consent, constitutional law, criminal damage, criminal justice, defences, demonstrations, human rights, juries, news, trials by sally

‘A UK government attempt to remove one of the last remaining defences for climate protesters would be a slippery slope to the erosion of the constitutional right to trial by jury, the court of appeal was told on Wednesday.’

The Guardian, 21st February 2024

Source: www.theguardian.com

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by tracey

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

Brian Christopher Jones: Nigel Farage and the UK Constitution – UK Constitutional Law Association

Posted February 5th, 2024 in brexit, constitutional law, news by sally

‘The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution. Most of the articles mentioning him do so fleetingly, casting him in a negative light in relation to populism and his influence on Brexit (although some take a slightly more nuanced look). And yet, controversial though he is, Mr Farage deserves more attention. Although it may be easy to discount Farage as a fringe politician that has never held domestic political office, some of the issues and challenges his involvement in politics has brought forward go to the heart of the UK’s constitutional system.’

UK Constitutional Law Association, February 2024

Source: ukconstitutionallaw.org

Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media – UK Constitutional Law Association

Posted January 31st, 2024 in constitutional law, news, parliament, political parties by tracey

‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’

UK Constitutional Law Association, 31st January 2024

Source: ukconstitutionallaw.org

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