constitutional law – Page 23 – Current Awareness

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

No removal of right of appeal without clear and express wording – UK Human Rights Blog

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

“Tax litigation is not the most obvious hunting ground for human rights points but if claimants feel sufficiently pinched by what they perceive as unfair rules, there is nothing to stop them appealing to the courts’ scrutiny of the lawfulness of those rules.”

UK Human Rights Blog, 1st November 2012

Source: www.ukhumanrightsblog.com

Prisoner votes: Strasbourg should give way to national independence – The Guardian

Posted October 30th, 2012 in constitutional law, courts, elections, human rights, news, parliament, prisons by sally

“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”

The Guardian, 29th October 2012

Source: www.guardian.co.uk

Prince Charles and the curious case of the Black Spider Letters – UK Human Rights Blog

Posted October 24th, 2012 in constitutional law, freedom of information, news, public interest, royal family, tribunals by sally

“Litigation relating to information rights can sometimes seem very dry and obscure, entailing lengthy analysis of the merits of public authorities disclosing or withholding information which is highly specialised or obtuse, and of little real interest to the general population. But this case – the case of the ‘Black Spider Letters’ – really is a fascinating one, involving an examination not just of the legislative provisions relating to the disclosure of information, but also a consideration of the existence and extent of constitutional conventions pertaining to the role of the monarchy in government. At the same time, it has the potential to generate such controversy as to make for perfect tabloid fodder. It has been the subject of international news coverage. And it’s not over yet.”

UK Human Rights Blog, 23rd October

Source: www.ukhumanrightsblog.com

The Supreme Court in the UK Constitution – Speech by Rt Hon the Baroness Hale of Richmond

Posted October 18th, 2012 in constitutional law, speeches, Supreme Court by sally

The Supreme Court in the UK Constitution (PDF)

Speech by Rt Hon the Baroness Hale of Richmond

Legal Wales 2012

Source: www.supremecourt.gov.uk

Jamaica’s London appeal court dilemma – BBC News

Posted August 3rd, 2012 in appeals, constitutional law, Jamaica, news, Privy Council by tracey

“Jamaica is celebrating the 50th anniversary of independence from Britain next week. The government in Kingston is talking about becoming a republic and is also looking at ending a legal legacy of the British Empire.”

BBC News, 3rd August 2012

Source: www.bbc.co.uk

Warnings over abduction treaty – BBC News

Posted July 23rd, 2012 in child abduction, constitutional law, custody, international law, jurisdiction, news, treaties by tracey

“An international treaty designed to ensure the swift return of children abducted abroad by a parent needs to be implemented faster, researchers say.”

BBC News, 22nd July 2012

Source: www.bbc.co.uk

The Good Constitution: Sir David Williams Lecture – Speech by Lord Justice Laws

Posted May 18th, 2012 in constitutional law, human rights, judicial review, speeches by sally

The Good Constitution (PDF)

Speech by Lord Justice Laws

Sir David Williams Lecture, 4th May 2012

Source: www.judiciary.gov.uk

Law, politics, and the draft Brighton Declaration – UK Human Rights Blog

Posted March 9th, 2012 in constitutional law, declarations of incompatibility, human rights, news by tracey

“Although not a ‘supreme law bill of rights’, the Human Rights Act 1998 is a significant constraint upon the political-legislative process. In this post, I argue that the extent of that constraint would likely diminish were the draft Brighton Declaration implemented in its present form.”

UK Human Rights Blog, 9th March 2012

Source: www.ukhumanrightsblog.com

The democratic legitimacy of human rights – UK Human Rights Blog

Posted February 29th, 2012 in constitutional law, human rights, judiciary, news by tracey

“Why should we bother with the European Convention on Human Rights? Many of those that would never contemplate leaving the ECHR still question whether we should abide by controversial decisions such as those on prisoners’ voting rights or deportation. UCL’s Professor Richard Bellamy attempted to answer this question at the Statute Law Society’s talk on Monday evening. He said that the UK should abide by the ECHR, which gains its legitimacy by being the best way for democratic states regulate their relationships and protect their citizens’ rights.”

Source: www.ukhumanrightsblog.com

Legal aid cuts undermine constitutional right to access to justice, peers warn – The Guardian

Posted November 18th, 2011 in budgets, constitutional law, legal aid, news by tracey

“Government proposals to slice £350m out the annual legal aid budget undermine the constitutional principle that citizens must have access to justice, a senior House of Lords committee has warned. Issued by the constitution select committee, which includes prominent crossbench and Conservative peers, the report is a significant challenge to the legal aid, sentencing and punishment of offenders bill days before its second reading in the upper house.”

The Guardian, 17th November 2011

Source: www.guardian.co.uk

Jonathan Sumption shows a certain naivety – The Guardian

Posted November 9th, 2011 in constitutional history, constitutional law, judicial review, judiciary, news, parliament by tracey

“The supreme court’s newest recruit worries that judges are making policy. But parliament always has the last word.”

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Supreme court appointee says role of British judges is too politicised – The Guardian

Posted November 9th, 2011 in constitutional history, constitutional law, France, judicial review, judiciary, lectures by tracey

“Jonathan Sumption QC believes that UK judiciary is too closely involved in making decisions best left for parliament.”

F.A. Mann Lecture, Lincoln’s Inn, 8th November 2011

Full text of lecture

The Guardian, 9th November 2011

Source: www.guardian.co.uk

Can Britain “ignore Europe on human rights”? – UK Human Rights Blog

Posted October 24th, 2011 in constitutional law, human rights, judiciary, news by sally

“Headlines are important. They catch the eye and can be the only reason a person decides to read an article or, in the case of a front page headline, buy a newspaper. On Thursday The Times’ front page headline was ‘Britain can ignore Europe on human rights: top judge’.”

UK Human Rights Blog, 23rd October 2011

Source: www.ukhumanrightsblog.com

Reports of the Human Rights Act’s death have been greatly exaggerated – UK Human Rights Blog

Posted October 3rd, 2011 in constitutional law, human rights, news by sally

“The Home Secretary Theresa May’s has told the Sunday Telegraph that she would ‘like to see the Human Rights Act go’.”

UK Human Rights Blog, 2nd October 2011

Source: www.ukhumanrightsblog.com

UK supreme court’s jurisdiction in Scotland upheld by review panel – The Guardian

Posted September 15th, 2011 in constitutional law, news, reports, Scotland, Supreme Court by tracey

“An expert panel has upheld the right of the UK supreme court to overrule Scottish judges despite heated and vigorous attacks on its powers by Alex Salmond and his justice minister Kenny MacAskill.”

The Guardian, 14th September 2011

Source: www.guardian.co.uk

Bill of Rights Commission publishes advice (and squabbles) on European Court of Human Rights reform – UK Human Rights Blog

Posted September 9th, 2011 in constitutional law, constitutional reform, human rights, news by tracey

“The Commission on a Bill of Rights has published its interim advice to Government on reform of the European Court of Human Rights. It has also published a letter to ministers on reform of the Court.”

UK Human Rights Blog, 9th September 2011

Source: http://ukhumanrightsblog.com

Miguel v State of Trinidad and Tobago – WLR Daily

Posted June 20th, 2011 in constitutional law, death penalty, human rights, law reports, Trinidad & Tobago by sally

Miguel v State of Trinidad and Tobago [2011] UKPC 14; [2011] WLR (D) 198

“A constitutional provision which exempted both existing laws and enactments which altered existing laws from its protection did not extend to an enactment which altered a law that had existed before the Constitution came into force but had since been abolished. It followed that a mandatory sentence of death for a murder conviction in Trinidad and Tobago under the ‘arrestable offence murder’ rule in section 2A of the Criminal Law Act, based on an earlier-abolished ‘felony murder’ rule, was outside the exemption and so unconstitutional.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

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

West Indian death row prisoners to be defended by British lawyers – The Guardian

Posted June 13th, 2011 in appeals, constitutional law, death penalty, news, Privy Council by tracey

“The fate of six West Indian prisoners on death row will be decided through the adjudication of the privy council this summer amid fresh pressure from the Caribbean to limit the UK’s role in determining capital punishment cases.”

The Guardian, 12th June 2011

Source: www.guardian.co.uk

Royal succession reform is being discussed, Clegg says – BBC News

Posted April 18th, 2011 in constitutional law, consultations, news, royal family, succession by sally

“The government is consulting Commonwealth countries about changing the laws on royal succession, Deputy Prime Minister Nick Clegg has said.”

BBC News, 16th April 2011

Source: www.bbc.co.uk

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