The Rule of Law and the Future of the Sector – Attorney General’s Office
‘Attorney General speech to London Law Expos on the UK’s long commitment to the Rule of Law.’
Attorney General’s Office, 14th October 2014
Source: www.gov.uk/ago
Category: constitutional law
The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog
‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’
UK Human Rights Blog, 9th October 2014
Source: www.ukhumanrightsblog.com
The Fragility of Human Rights – UK Human Rights Blog
‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’
UK Human Rights Blog, 5th October 2014
Source: www.ukhumanrightsblog.com
Strasbourg court undermines democracy, says former Lord Chief Justice – Daily Telegraph
‘Lord Judge claims that European Court of Human Rights is “a dramatic and unconstitutional extension of judicial authority.” ‘
Daily Telegraph, 1st October 2014
Source: www.telegraph.co.uk
Beezadhur v Independent Commission against Corruption and another – WLR Daily
‘Where a statute aimed at the prevention of money-laundering prohibited the depositing of cash sums above a specified limit save where it was “commensurate with the lawful business activities of the customer”, a customer could not claim that cash sums above the limited regularly deposited by him from his pension were deposits from his “business activities”.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
What is the future for UK human rights? – Garden Court Chambers Blog
‘Human Rights analysis: What does the future hold for human rights in the UK? Stephanie Harrison QC at Garden Court Chambers warns repealing the Human Rights Act 1998 (HRA 1998) would be a seriously retrograde step, that would reverberate around the world.’
Garden Court Chambers Blog, 6th August 2014
Source: www.gclaw.wordpress.com
MPs call for anniversary debate on ‘new Magna Carta’ – BBC News
‘The 800th anniversary of Magna Carta next year is the right time for a fresh debate on the pros and cons of a written constitution, MPs have said.’
BBC News, 10th July 2014
Source: www.bbc.co.uk
Agricultural Sector (Wales) Bill Reference by the Attorney General for England and Wales – Supreme Court
Supreme Court, 9th July 2014
Religion, the Rule of Law and Discrimination – Gresham College
‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’
Gresham College, 26th June 2014
Source: www.gresham.ac.uk
Supreme Court is supreme, says Neuberger – Law Society’s Gazette
‘No legislative change is needed to enable the Supreme Court to deviate from rulings of the European Court of Human Rights, the Supreme Court’s president told peers today.’
Law Society’s Gazette, 25th June 2014
Source: www.lawgazette.co.uk
Alexander Horne and Oonagh Gay: Ending the Hamilton Affair? – UK Constitutional Law Association
‘Article 9 of the Bill of Rights 1689 has been the subject of a variety of legal challenges. The Article, which provides (in modern parlance) that: “the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament” is usually considered to be a fundamental feature of the constitution and a cornerstone of parliamentary privilege.’
UK Constitutional Law Association, 21st May 2014
Source: www.ukconstitutionallaw.org
Andrew Le Sueur: Imagining judges in a written UK Constitution – UK Constitutional Law Association
‘The tide of interest (among those who care about these things) in the idea of a written, codified constitution for the United Kingdom rises and falls. At the moment the tide is quite high, but certainly not high enough to flow into the estuaries of government policy making.’
UK Constitutional Law Association, 14th May 2014
Source: www.ukconstitutionallaw.org
Alexander Horne: Is there a case for greater legislative involvement in the judicial appointments process? – UK Constitutional Law Association
‘The dramatic increase in public law and human rights cases coming before the UK Supreme Court (and the Appellate Committee before it) means that the UK’s top court is more frequently determining essentially socio-political questions. In addition, in recent years, the judiciary has pressed for a rather more expansive definition of judicial independence, with a greater emphasis on the institutional independence of the judiciary. This has tended to lead to more powerful leadership roles, for senior judges in particular.
UK Constitutional Law Association, 27th March 2014
Source: www.ukconstitutionallaw.org
Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association
‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’
UK Constitutional Law Association, 25th March 2014
Source: www.ukconstitutionallaw.org
Meg Russell: The Byles/Steel bill – unless amended – holds grave dangers for the Lords – UK Constitutional Law Association
‘On Friday 28 February Dan Byles’ Private Member’s Bill on Lords reform completed its Commons passage. It is now in the Lords, and will be sponsored by David Steel. The bill, which allows retirement from the Lords and expulsion of non-attendees and serious criminals, has been presented as a small, uncontroversial “housekeeping” measure. But as already argued in an earlier blog post, as currently drafted it would in fact introduce a very major change that would alter the Lords fundamentally, and in very undesirable ways.’
UK Constitutional Law Association, 6th March 2014
Source: www.ukconstitutionallaw.org/blog
The British and Europe – Lord Neuberger, President of the Supreme Court
The British and Europe (PDF)
Lord Neuberger, President of the Supreme Court
Cambridge Freshfields Annual Law Lecture, 12th February 2014
Source: www.supremecourt.uk
Jack Alaric Simson Caird: A Code of Constitutional Standards – UK Constitutional Law Group
‘The Constitution Unit of University College London is today publishing a report which sets out a code of constitutional standards based on the reports of the House of Lords Select Committee on the Constitution. Since 2001 the Committee has made many recommendations in its reports, and the goal of this report was to codify these recommendations in order to make the Committee’s analysis of the constitution more accessible. The report, by Robert Hazell, Dawn Oliver and myself, contains a code of 126 constitutional standards, each of which is relevant to the legislative process, and each of which has been extracted from the 149 reports of the Constitution Committee that were reviewed. The standards are organised into five sections: the rule of law; delegated powers, delegated legislation and Henry VIII clauses; the separation of powers; individual rights; and parliamentary procedure.’
UK Constitutional Law Group, 8th January 2014
Source: www.ukconstitutionalgroup.org
Lord Judge – Constitutional Change: Unfinished Business – UCL Constitutional Unit
‘Lord Judge delivered a lecture on the topic of “Constitutional Change: Unfinished Business”.’
UCL Constitutional Unit, 17th December 2013
Source: www.ucl.ac.uk/constitution-unit
