constitutional law – Page 23 – Current Awareness

Gavin Phillipson: ‘Historic’ Commons’ Syria vote: the constitutional significance (Part I) – UK Constitutional Law Group

Posted September 20th, 2013 in chemical weapons, constitutional law, Iraq, news, parliament, war by sally

“Does the recent vote in the House of Commons on military action against Syria have real constitutional significance? Is it the final piece of evidence that there is a constitutional convention that the consent of the House of Commons must be sought before armed force is used? If so, should anything be done to concretise and clarify this Convention? And what is the broader constitutional significance of this episode in terms of the evolution of controls over the prerogative power and its significance for the evolving separation of powers in the UK?”

Full story

UK Constitutional Law Group, 19th September 2013

Source: www.ukconstitutionallaw.org

Beware Kite-Flyers – Stephen Sedley – London Review of Books

Posted September 4th, 2013 in constitutional law, judicial review, news by sally

“Writers on the British constitution have always faced the problem that, contrary to what Mr Podsnap thought, it cannot simply be held up to the light and admired. The constitution is simultaneously a description of how, for the moment, we are governed and a prescriptive account of how we ought to be governed. In both respects (the former much more than the latter) it undergoes constant change; and there are concerns, highlighted by the radical changes currently being made to the legal aid system, that the process may be accelerating into a critical and damaging phase.”

Full story

London Review of Books, 12th September 2013

Source: www.lrb.co.uk

Leah Grolman and Greg Weeks: Guidelines and Assisted Suicide: an Australian Perspective – UK Constitutional Law Group

Posted August 7th, 2013 in assisted suicide, constitutional law, human rights, news, prosecutions, strict liability by sally

“The morally and politically charged area of assisted suicide has many of the hallmarks of an insoluble problem. This has not prevented courts in some jurisdictions considering how they might ‘legalise’ assisted suicide without really legalising it. In doing so, they have raised manifold challenges in the minds of administrative and constitutional lawyers, including, in some jurisdictions, whether the prohibition on assisted suicide is itself constitutional, such as Rodriguez in Canada, Fleming in Ireland and Pretty in the ECtHR.”

Full story

UK Constitutional Law Group, 7th August 2013

Source: www.ukconstitutionallaw.org

Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup – UK Human Rights Blog

Posted July 23rd, 2013 in constitutional law, courts, human rights, marriage, news by tracey

“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Robert Hazell: The Royal baby, the Rules of Succession, and the Realms – UK Constitutional Law Group

Posted July 16th, 2013 in constitutional law, constitutional reform, equality, news, royal family, succession by sally

“In anticipation of the birth of the Royal baby, Parliament passed the Succession to the Crown Act in April 2013. It provides that in future the eldest child will be next in line of succession, whether it is a girl or a boy. The law will not come into force in time for the Royal birth, but the new baby when born will be next in line. This Blog post explains the background, and the difficulties involved in changing the rules of succession.”

Full story

UK Constitutional Law Group, 15th July 2013

Source: www.ukconstitutionallaw.org

Succession to the Crown Act 2013 – legislation.gov.uk

Posted April 26th, 2013 in constitutional law, constitutional reform, legislation, royal family, succession, women by tracey

Full text of Act

Source: www.legislation.gov.uk

Law ending exclusively male royal succession now law – BBC News

Posted April 26th, 2013 in constitutional law, constitutional reform, legislation, news, royal family, succession, women by tracey

“A bill which ends succession to the Crown based on gender has become law.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Dame Julie Mellor – Constitutional Role of the Parliamentary and Health Service Ombudsman – UCL Constitution Unit

Posted April 24th, 2013 in complaints, constitutional law, health, news, ombudsmen by sally

“Dame Julie Thérèse Mellor, DBE was appointed as Parliamentary Commissioner for Administration and the Health Service Commissioner for England (Parliamentary and Health Service Ombudsman) in January 2012.

The Ombudsman is mandated to consider complaints that public bodies have not acted fairly. As a watchdog body independent of government and accountable to Parliament, its constitutional role is delicate and complex. Dame Julie will discuss that role, and how best the Ombdusman can maximize its independence and impact as a check on executive power.”

Video

UCL Constitution Unit, 23rd April 2013

Source: www.ucl.ac.uk/constitution-unit

Margaret Thatcher and the Constitution – UK Human Rights Blog

Posted April 10th, 2013 in constitutional law, EC law, human rights, injunctions, judicial review, judiciary, news, shipping law by sally

“The consequences of Margaret Thatcher’s administration have been long lasting. In many areas of national life Thatcher took the British Bulldog by the scruff of the neck and house-trained it. In the context of the constitution her impact was no less significant.”

Full story

UK Human Rights Blog, 10th April 2013

Source: www.ukhumanrightsblog.com

Craig Prescott: The Union, Constitutional Change and Constitutional Conventions (and English Regionalism?) – UK Constitutional Law Group

Posted April 3rd, 2013 in constitutional law, constitutional reform, devolution, news, public interest, reports by sally

“Last week, the House of Commons Political and Constitutional Reform Committee published their report, Do We Need A Constitutional Convention For the UK? (HC 2012-13 371). It is an interesting document, mainly because its very existence shows that the idea of a constitutional convention is becoming more mainstream within Westminster. But the report raises many questions, not all of which are fully answered. The central thrust of the report is that considering the raft of changes made to the constitution since 1997, particularly devolution, ‘it is time to conduct a comprehensive review so that the Union can work well in the future’ (para 111), and that this review should take the form of a ‘constitutional convention to look at the formal constitutional structure of the UK’.”

Full story

UK Constitutional Law Group, 3rd April 2013

Source: www.ukconstitutionallaw.org

Mike Gordon: Ministerial Responsibility After Huhne – UK Constitutional Law Group

Posted March 25th, 2013 in constitutional law, ministers' powers and duties, news, perverting the course of justice, road traffic offences by sally

“Does the Chris Huhne affair have constitutional implications? In one sense, the answer to this question might be a rather obvious one. From a constitutional perspective – although certainly not from a political perspective – the case seems relatively uncontroversial.”

Full story

UK Constitutional Law Group, 25th March 2013

Source: www.ukconstitutionallaw.org

Whistleblowing, forgotten children and the legal future of Wales –

Posted February 20th, 2013 in children, constitutional law, news, Wales, whistleblowers by sally

“Joining us this week is Theo Huckle QC, the chief legal officer of Wales who – controversially – says it’s ‘inevitable’ that Wales will become a separate legal jurisdiction. Are centuries of legal union with England really coming to an end?”

Listen

BBC Law in Action, 19th February 2013

Source: www.bbc.co.uk

Sir Leigh Lewis KCB – Prospects for a British Bill of Rights – UCL Constitution Unit

Posted January 28th, 2013 in constitutional law, human rights, news by sally

“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”

Video

UCL Constitution Unit, 26th January 2013

Source: www.ucl.ac.uk/constitution-unit

Secret papers show extent of senior royals’ veto over bills – The Guardian

Posted January 15th, 2013 in bills, consent, constitutional law, disclosure, documents, freedom of information, news, royal family, veto by sally

“The extent of the Queen and Prince Charles’s secretive power of veto over new laws has been exposed after Downing Street lost its battle to keep information about its application secret.”

Full story

The Guardian, 14th January 2013

Source: www.guardian.co.uk

What lies beneath the Commission on a Bill of Rights report – UK Human Rights report

Posted December 21st, 2012 in constitutional law, devolution, human rights, news, reports by tracey

“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”

Full story

UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com

Baroness D’Souza – The Role of the House of Lords in the Parliamentary Process – UCL Constitution Unit

Posted December 17th, 2012 in constitutional law, news, parliament by sally

“Looking above and beyond current debates about the House of Lords’ composition, Baroness D’Souza will discuss the Lords in terms of its place in the parliamentary process. Having now been in post for over a year, Baroness D’Souza will present her vision for the Lords’ future, its contribution to the political system, changes to its working practices and the role of the Lord Speaker. She will also cover public perceptions of the Upper House and the importance of outreach.”

Video

UCL Constitution Unit, 14th December 2012

Source: ww.ucl.ac.uk/constitution-unit

Supreme court becomes a constitutional animal – The Guardian

Posted November 28th, 2012 in byelaws, constitutional law, news, Supreme Court, Wales by sally

“A recent case concerning Welsh byelaws saw the UK’s highest court acting as a constitutional court.”

Full story

The Guardian, 28th November 2012

Source: www.guardian.co.uk

Do Human Rights Make Bad Citizens? – Lord Justice Laws

Posted November 12th, 2012 in citizenship, constitutional law, human rights, news, proportionality by sally

Do Human Rights Make Bad Citizens? (PDF)

Lord Justice Laws

Northumbria University, Inaugural Lecture 2012

Source: www.judiciary.gov.uk

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another – WLR Daily

Posted November 2nd, 2012 in amendments, appeals, constitutional law, judicial review, law reports, taxation, tribunals, VAT by sally

Regina (ToTel Ltd) v First-tier Tribunal (Tax Chamber) and another [2012] EWCA Civ 1401; [2012] WLR (D) 303

“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”

WLR Daily, 31st October 2012

Source: www.iclr.co.uk