Conall Mallory: Beyond Fantasy Island: The British solution to the extraterritorial conundrum – UK Constitutional Law Association

‘Addressing the extraterritorial application of the ECHR has emerged as one of the priorities in the UK Government’s pursuit of ‘updating’ human rights law. In recent months, the outline of an ostensible solution to the challenge posed by extraterritorial obligations has taken shape. In December, Justice Secretary Dominic Raab stated the issue was one the Government would “seek to address with partners in Strasbourg”. The Independent Human Rights Act Review (IHRAR) took a similar approach, suggesting a settlement at the Council of Europe, augmented by judicial dialogue. Simultaneously the Ministry of Justice consultation on replacing the HRA with a Bill of Rights sought input on how best to take the issue forward for a state-based solution. At the end of February Robert Buckland, the former Justice Secretary, gave a lecture where he called upon the government to take the issue to Strasbourg for a new protocol.’

Full Story

UK Constitutional Law Association, 16th March 2022

Source: ukconstitutionallaw.org

Daniel Hoadley, Joe Tomlinson, Editha Nemsic and Cassandra Somers-Joce: How public is public law? Approximately 55% – UK Constitutional Law Association

Posted February 28th, 2022 in constitutional law, internet, judgments, judicial review, news, statistics by sally

‘Judicial review judgments possess multi-layered value. For the parties to a case, they are an authoritative record of the outcome of a legal dispute, providing reasons for that outcome. For lawyers and judges, they support the provision of advice about the law and become legal authorities that can be used to argue and resolve future disputes. As a part of the wider constitutional system, they bring a degree of transparency to the judicial process. For researchers, they form part of the primary materials that can be subjected to different methodologies that seek to advance the understanding and analysis of public law in the courts.’

Full Story

UK Constitutional Law Association, 25th February 2022

Source: ukconstitutionallaw.org

Paul Burgess: A Rule of Law Surprise Party(gate) – UK Constitutional Law Association

Posted February 10th, 2022 in constitutional law, coronavirus, news, political parties, rule of law by sally

‘Partygate could tear apart the UK government but, regardless of one’s political preferences, there have been some good things that have come from the episode. Where it is not unusual to see different conceptions of the Rule of Law invoked on opposing sides of an argument, it was a pleasant surprise to see opposing sides invoke the concept in support of the same argument in a way that’s recognisable. “The Rule of Law” was deployed in a way that reflected the concept’s core purpose: holding those in power to the same rules and standards as everyone else and to deter the arbitrary application of power. However, this moment of unity is unlikely to settle the perennial contest relating to the concept’s meaning.’

Full Story

UK Constitutional Law Association, 10th February 2022

Source: ukconstitutionallaw.org

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD – UK Constitutional Law Association

‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’

Full Story

UK Constitutional Law Association, 9th February 2022

Source: ukconstitutionallaw.org

James Milton: The Antiquity of Anonymous Pairing – UK Constitutional Law Association

Posted February 2nd, 2022 in constitutional law, news, parliament by sally

‘Recently, online debates have emerged about the usefulness of the website TheyWorkForYou (TWFY), a tool which provides people with a view into the voting records of Members of Parliament. Articles and blog posts have rightly detailed the oversimplification of providing a snapshot of members’ votes, which does not make clear the nuance of particular motivations behind votes, or the context in which those votes take place (for example, Opposition Day motions or whipping strategies). However, there is a deeper problem which underlies the structure of voting in the Westminster Parliamentary System; the informal agreement of pairing.’

Full Story

UK Constitutional Law Association, 2nd February 2022

Source: ukconstitutionallaw.org

Stephen Tierney and Alison Young: Constitution Committee report on the Future Governance of the UK – UK Constitutional Law Association

‘Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century.’

Full Story

UK Constitutional Law Association, 20th January 2022

Source: ukconstitutionallaw.org

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 3: An Assessment – UK Constitutional Law Association

Posted January 18th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights).’

Full Story

UK Constitutional Law Association, 14th January 2022

Source: ukconstitutionallaw.org

Daniella Lock and Tanzil Chowdhury: Expansions of Executive Power and Weakening of Democratic Safeguards in 2021 – UK Constitutional Law Association

‘The United Kingdom Constitution Monitoring Group published its first annual report in 2021. It described the UK Government as “set upon legislating over a range of substantial matters with a constitutional dimension”, with its overall programme being “notable for its scale, the speed with which it is being implemented” and this being “far from a model of good practice in constitutional change” (p5).

A significant aspect of the “constitutional dimension” of such changes is that they expand executive power in a number of different ways. This post presents a brief summary of key expansions of executive power via legislation introduced to or passed in the Westminster Parliament in 2021.’

Full Story

UK Constitutional Law Association, 17th January 2022

Source: ukconstitutionallaw.org

Richard Clayton QC: The Government’s New Proposals for the Human Rights Act Part 2: An Assessment – UK Constitutional Law Association

Posted January 13th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Government explains its Proposals in its Human Rights Act Reform: A Modern Bill Of Rights: A consultation to reform the Human Rights Act 1998 (CP 588), which represent a radical departure from the HRA.’

Full Story

UK Constitutional Law Association, 13th January 2022

Source: ukconstitutionallaw.org

Use of secondary legislation ‘dangerous for democracy’, peers warn – Law Society’s Gazette

Posted January 10th, 2022 in bills, constitutional law, legislation, news, parliament, rule of law by tracey

‘Ministers are showing “growing contempt for parliament” through the increasing use of secondary legislation and skeleton bills to significantly change the law without proper scrutiny – a growing trend which is “dangerous for democracy”, peers have warned.’

Full Story

Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Richard Clayton: The Government’s New Proposals for the Human Rights Act; Part One – The Proposals in Outline – UK Constitutional Law Association

Posted January 4th, 2022 in bills, constitutional law, human rights, news, parliament by tracey

‘The Conservative Party has opposed the HRA root and branch ever since its enactment. Manifesto commitments to overhaul the HRA were made in 2010, 2015, 2017, and 2019. In 2015 Prime Minister, David Cameron, said he was open to the “nuclear option” of withdrawing from the European Convention on Human Rights (the ECHR) to ensure the UK’s highest court remains the “ultimate arbiter of human rights”, although this was to be delayed until after the referendum on EU membership. The Government has now, however, confirmed that the UK will not leave the ECHR.

In December 2020 the Government announced it was setting up an Independent Human Rights Act Review chaired by Sir Peter Gross, the former Lord Justice of Appeal. On 16 December 2021 the Review published its final report. On the same day the Deputy Prime Minister and new Justice Minister, Dominic Raab, announced a packet of proposals to launch a new British Bill of Rights.

The impact of these proposals will be profound. In this article I shall outline what the proposals will involve. I shall next assess the impact of those proposals.’

Full Story

UK Constitutional Law Association , 4th January 2022

Source: ukconstitutionallaw.org

Culture Wars and Constitutional Statutes: The Government’s Proposed Human Rights Act Reforms – Oxford Human Rights Hub

‘This week, in response to the Independent Human Rights Act Review’s report, the Government published its proposals to reform the Human Rights Act (HRA) and a call for further submissions on its proposals. A comprehensive analysis of all of the Government’s proposals would not be possible in this short two-part post; that stated, whether they deserve such an in-depth response is questionable.’

Full Story

Oxford Human Rights Hub, 19th December 2021

Source: ohrh.law.ox.ac.uk

Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association

Posted November 23rd, 2021 in bills, constitutional law, judicial review, news, rule of law by sally

‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’

Full Story

UK Constitutional Law Association, 23rd November 2021

Source: ukconstitutionallaw.org

Mike Gordon: A Statutory Basis for the Ministerial Code – the Challenges – UK Constitutional Law Association

‘With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight. Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life: Final Report of the Standards Matter 2 Review (November 2021), outlining a number of potential changes to the system for holding politicians to account for their conduct. This blog post focuses on one of the Committee’s recommendations: that the Ministerial Code be provided with a statutory basis through a ‘requirement for the Prime Minister to issue the Ministerial Code’ being ‘enshrined in primary legislation’ (Recommendation 4).’

Full Story

UK Constitutional Law Association, 16th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, public interest by tracey

‘This is the second in a series of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill (2021), which provide for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

Full Story

UK Constitutional Law Association, 9th November 2021

Source: ukconstitutionallaw.org

Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by tracey

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

Full Story

UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org

George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association

Posted October 29th, 2021 in bills, constitutional law, judicial review, news, parliament, state aids by tracey

‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’

Full Story

UK Constitutional Law Association, 29th October 2021

Source: ukconstitutionallaw.org

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

‘The scope of judicial law-making in constitutional law and public law.’

Full speech

Supreme Court, 27th October 2021

Source: www.supremecourt.uk

George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association

Posted October 28th, 2021 in bills, competition, constitutional law, judicial review, news, state aids, tribunals by sally

‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’

Full Story

UK Constitutional Law Association, 28th October 2021

Source: ukconstitutionallaw.org

Attorney General hits out at rise in “political litigation” and defends reforms to judicial review – Local Government Lawyer

Posted October 21st, 2021 in attorney general, constitutional law, judicial review, judiciary, news, parliament by sally

‘The last decade or so has demonstrated an increased appetite for political litigation, “and, more worryingly, an appetite for putting judges in an invidious position”, by asking them to decide essentially political matters on applications for judicial review, the Attorney General has claimed.’

Full Story

Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk