The Good Constitution: Sir David Williams Lecture – Speech by Lord Justice Laws
The Good Constitution (PDF)
Speech by Lord Justice Laws
Sir David Williams Lecture, 4th May 2012
Source: www.judiciary.gov.uk
Category: constitutional law
Law, politics, and the draft Brighton Declaration – UK Human Rights Blog
“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
“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
“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
“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
“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
The Guardian, 9th November 2011
Source: www.guardian.co.uk
Can Britain “ignore Europe on human rights”? – UK Human Rights Blog
“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
“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
“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
“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
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
“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
“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
Lord Neuberger asks who is the master: the unelected judge or the elected politician? – The Guardian
“According to the master of the rolls, courts could overrule parliament in wholly exceptional cases.”
The Guardian, 11th April 2011
Source: www.guardian.co.uk
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.”
The Guardian, 9th March 2011
Source: www.guardian.co.uk
Court clarifies constitutional role in Woolas decision – The Guardian
“Phil Woolas has lost his election court challenge but the decision shines a light on an obscure part of the constitutional system.”
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
“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
“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
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
“Freedom of information hearing delayed until next year for reasons panel cannot ‘go into.’ ”
The Guardian, 16th September 2010
Source: www.guardian.co.uk
Fixed-term parliaments bill open to legal challenge, clerk of Commons warns – The Guardian
“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.”
The Guardian, 7th September 2010
Source: www.guardian.co.uk
