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’.”

Full story

UK Human Rights Blog, 2nd October 2011


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.”

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The Guardian, 14th September 2011


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.”

Full story

Interim advice

UK Human Rights Blog, 9th September 2011


Miguel v State of Trinidad and Tobago – WLR Daily

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


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.”

Full story

The Guardian, 12th June 2011


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.”

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BBC News, 16th April 2011


Lord Neuberger asks who is the master: the unelected judge or the elected politician? – The Guardian

Posted April 11th, 2011 in constitutional law, judiciary, news, parliament by sally

“According to the master of the rolls, courts could overrule parliament in wholly exceptional cases.”

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The Guardian, 11th April 2011


The House of Lords is keeping ministers’ Henry VIII powers in check – The Guardian

“The government’s little-reported announcement last week that it will no longer bypass parliament when it abolishes public bodies is a sign that the House of Lords is working effectively: even ministers now understand that the best thing to do when they find themselves in a hole is to stop digging.”

Full story

The Guardian, 9th March 2011


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.”

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The Guardian, 3rd December 2010


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


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.”


Charon QC, 8th October 20101


“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


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


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


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


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


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


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


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


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