Court clarifies constitutional role in Woolas decision – The Guardian

Posted December 6th, 2010 in constitutional law, elections, news, parliament by sally

“Phil Woolas has lost his election court challenge but the decision shines a light on an obscure part of the constitutional system.”

Full story

The Guardian, 3rd December 2010

Source: www.guardian.co.uk

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) – WLR Daily

Posted November 25th, 2010 in appeals, constitutional law, law reports, Privy Council by sally

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297

“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”

WLR Daily, 24th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Lawcast168: Carl Gardner on “Monkeying with national sovereignty” – Charon QC

Posted October 11th, 2010 in constitutional law, parliament, podcasts by sally

“Today I am talking to Carl Gardner, ex government lawyer and author of the Head of Legal blog, about the extraordinary idea being put forward by Foreign Secretary William Hague that we need to enshrine Parliamentary Sovereignty in our law. There are many dangers in doing so. There could well be *unintended consequences* and Carl Gardner says that the drafting of this legislation will need especial care.”

Podcast

Charon QC, 8th October 20101

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Prince Charles’s letters to ministers stay secret as appeal is adjourned – The Guardian

Posted September 17th, 2010 in constitutional law, freedom of information, news, royal family by sally

“Freedom of information hearing delayed until next year for reasons panel cannot ‘go into.’ ”

Full story

The Guardian, 16th September 2010

Source: www.guardian.co.uk

Fixed-term parliaments bill open to legal challenge, clerk of Commons warns – The Guardian

Posted September 7th, 2010 in bills, constitutional law, elections, news, parliament by sally

“A major potential flaw in the coalition’s bill to introduce fixed-term parliaments was exposed when the clerk of the Commons today warned it would open the way for repeated legal challenges if parliament passed a vote of no confidence in a government, leading to a general election.”

Full story

The Guardian, 7th September 2010

Source: www.guardian.co.uk

Is the European court of justice a legal or political institution now? – The Guardian

Posted August 10th, 2010 in constitutional law, courts, EC law, news by sally

“The most curious feature of the European court of justice (ECJ) , the court of the European Union, is not that it is a political court, but rather that it has until very recently been so successful in pursuing its political programme of the integration of Europe through law without attracting much public or even expert notice.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Baroness Hale: Human Rights Act hampered by constitutional problems – The Guardian

Posted June 28th, 2010 in constitutional law, human rights, legislation, news by sally

“Baroness Hale of Richmond has spoken to the Salford Human Rights Conference on the development of human rights law, and has lamented the time spent on constitutional wrangling rather than applying the essence of the Act.”

Full story

The Guardian, 25th June 2010

Source: www.guardian.co.uk

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 2nd, 2009 in constitutional law, elections, human rights, law reports, Sark by sally

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349

“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”

WLR Daily, 1st December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barclays lose Sark reforms claim – BBC news

Posted December 1st, 2009 in constitutional law, elections, human rights, news, Sark by sally

“The Supreme Court has unanimously dismissed an appeal case by the Barclay brothers who wanted to force a change to constitutional reforms on Sark.”

Full story

BBC News, 1st December 2009

Source; www.bbc.co.uk

Gordon Brown to push for royal Roman Catholics law change – The Times

Posted November 25th, 2009 in constitutional law, news, royal family by sally

“Gordon Brown today sparked controversy on the eve of the Commonwealth summit by suggesting he backs the sweeping away of 300-year-old laws that prevent Roman Catholics ascending to the Throne.”

Full story

The Times, 25th November 2009

Source: www.timesonline.co.uk

Constitutional change and the future of parliamentary democracy – Ministry of Justice

Posted November 24th, 2009 in constitutional law, news, parliament by sally

“An abridged version of a lecture given by Jack Straw at Brunel University’s Magna Carta Institute on Monday 23 November 2009.”

Full story

Ministry of Justice, 24th November 2009

Source: www.justice.gov.uk

Review of executive royal prerogative powers – Ministry of Justice

Posted October 16th, 2009 in constitutional law, reports, royal prerogative by sally

“A review of the ancient royal prerogative powers available to UK government ministers.”

Full report

Ministry of Justice, 15th October 2009

Source: www.justice.gov.uk

Brown gets tough in Parliament clean-up – The Independent

Posted June 11th, 2009 in constitutional law, news, parliamentary privilege by sally

“Legislation is to be rushed through Parliament to end Westminster’s system of self-regulation and impose a new code of conduct on MPs in the wake of the expenses scandal, Gordon Brown announced today.”

Full story

The Independent, 10th June 2009

Source: www.independent.co.uk

New MP voting system considered – BBC News

Posted June 10th, 2009 in constitutional law, elections, news, parliament by sally

“Gordon Brown is set to announce plans to examine a new system of voting MPs to the House of Commons.”

Full story

BBC News, 10th June 2009

Source: www.bbc.co.uk

Could the Queen really dissolve Parliament now? – The Times

Posted May 21st, 2009 in constitutional law, news, parliament, royal prerogative by sally

“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”

Full story

The Times, 21st May 2009

Source: www.timesonline.co.uk

Rights and responsibilities – Ministry of Justice

Posted March 24th, 2009 in constitutional law, human rights, press releases by sally

“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”

Full press release

Ministry of Justice, 23rd March 2009

Source: www.justice.gov.uk

Succession law changes ‘needed’ – BBC News

Posted December 10th, 2008 in constitutional law, Crown, news, succession by sally

“A cabinet minister has called for progress to be made on ending the 300-year old legal ban on Roman Catholics succeeding to the throne.”

Full story

BBC News, 10th December 2008

Source: www.bbc.co.uk

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 5th, 2008 in constitutional law, elections, judicial review, law reports, Sark by sally

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only availalble free on Times Online for 21 days from th date of publication.

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 4th, 2008 in constitutional law, elections, human rights, judicial review, law reports, Sark by sally

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Source: www.lawreports.co.uk

Sark under new pressure to end feudal system – Daily Telegraph

Posted December 3rd, 2008 in constitutional law, human rights, news, Sark by sally

“The Channel island of Sark has come under renewed pressure to scrap one of the last vestiges of its feudal system after the Court of Appeal ruled that its new constitution breached human rights laws.”

Full story

Daily Telegraph, 3rd December 2008

Source: www.telegraph.co.uk