Jason Varuhas: Remedial Reform Part 1: Rationale – UK Constitutional Law Association

Posted November 12th, 2021 in bills, constitutional law, judicial review, news, parliament, Supreme Court by tracey

‘This is the first of two posts on the remedial reforms proposed in the Judicial Review and Courts Bill. If passed, the reforms will make statutory provision for courts in judicial review proceedings to grant suspended and prospective-only quashing orders.’

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UK Constitutional Law Association, 3rd November 2021

Source: ukconstitutionallaw.org

George Peretz QC: The Subsidy Control Bill: Part II – Application to legislation, questions & concerns – UK Constitutional Law Association

Posted October 29th, 2021 in bills, constitutional law, judicial review, news, parliament, state aids by tracey

‘In the first part of this post, I set out the structure of the Subsidy Control Bill. This post looks at how it applies to legislation and at some questions and concerns about enforcement and judicial review.’

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UK Constitutional Law Association, 29th October 2021

Source: ukconstitutionallaw.org

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

‘The scope of judicial law-making in constitutional law and public law.’

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Supreme Court, 27th October 2021

Source: www.supremecourt.uk

George Peretz QC: The Subsidy Control Bill: Part I – A new public law regime – UK Constitutional Law Association

Posted October 28th, 2021 in bills, competition, constitutional law, judicial review, news, state aids, tribunals by sally

‘The Subsidy Control Bill, now going through the House of Commons, creates the domestic replacement for the EU State aid regime. So it might be regarded as legislation of interest only to those who reside in the land of competition law: a distant land of which State aid law is a particularly exotic and remote peninsula. Any such view would, however, be profoundly wrong. On the contrary, the Bill sets up a new type of public litigation, covering a very wide range of public authority decisions, that should be of considerable interest to public lawyers and its application to legislation will be of interest to constitutional lawyers as well.’

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UK Constitutional Law Association, 28th October 2021

Source: ukconstitutionallaw.org

Attorney General hits out at rise in “political litigation” and defends reforms to judicial review – Local Government Lawyer

Posted October 21st, 2021 in attorney general, constitutional law, judicial review, judiciary, news, parliament by sally

‘The last decade or so has demonstrated an increased appetite for political litigation, “and, more worryingly, an appetite for putting judges in an invidious position”, by asking them to decide essentially political matters on applications for judicial review, the Attorney General has claimed.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association

‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’

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UK Constitutional Law Association, 18th October 2021

Source: ukconstitutionallaw.org

Mark K Heatley: The continued use of Private Acts of Parliament in United Kingdom – UK Constitutional Law Association

‘Over the past 50 years, around four Private Acts of Parliament have been enacted annually, with a maximum of 23 in 1992. Private Acts of Parliament (PA) include local Acts, that benefit organizations such as local authorities or authorize major infrastructure projects and are often of limited geographical extent, and personal Acts that benefit individuals. No personal Acts have been enacted since 1987.’

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UK Constitutional Law Association, 4th October 2021

Source: ukconstitutionallaw.org

Jacob Eisler: Voter ID and the Elections Bill 2021: Legislative Manipulation of Democratic Procedure and the Limits of Judicial Review – UK Constitutional Law Association

Posted September 29th, 2021 in bills, constitutional law, elections, fraud, identification, judicial review, news by sally

‘The Elections Bill 2021, as of the date of publication for the House of Commons Committee stage, advances a variety of changes to the regulation of elections and the practice of voting in the UK. Of the reforms, one controversially reshapes the practical experience of voting for most citizens. A new voter ID requirement will amend the Representation of the People Act 1983 to require proof of identity, in the form of a photographic ID such as a passport, drivers’ license, or dedicated voter identity document, for in-person voting. While this may seem like a light burden, both the broader impact of such a requirement on voting and the underlying anti-fraud rationale have raised significant concerns.’

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UK Constitutional Law Association, 29th September 2021

Source: ukconstitutionallaw.org

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021) – UK Constitutional Law Association

‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’

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UK Constitutional Law Association, 23rd September 2021

Source: ukconstitutionallaw.org

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies – UK Constitutional Law Association

‘Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such form, which is an element of democratic governance that aligns with the rule of law. Yet those experiencing and observing the ongoing administration of life in the UK during the COVID-19 pandemic might be forgiven for arriving at the conclusion that public scrutiny of Government is an ideal currently evaporating into the ether.’

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UK Constitutional Law Association, 21st September 2021

Source: ukconstitutionallaw.org

Prince Philip’s will to remain secret for 90 years, high court rules – The Guardian

Posted September 17th, 2021 in constitutional law, news, privacy, royal family, wills by tracey

‘The Duke of Edinburgh’s will is to remain secret to protect the “dignity” of the Queen because of her constitutional role, the high court has ruled. Philip – the nation’s longest-serving consort – died aged 99 on 9 April, just two months before he would have turned 100.’

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The Guardian, 17th September 2021

Source: www.theguardian.com

Vernon Bogdanor: Reply to McHarg and Young – UK Constitutional Law Association

Posted September 15th, 2021 in brexit, constitutional law, devolution, human rights, London, news, parliament by tracey

‘Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested. The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.’

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UK Constitutional Law Association, 14th September 2021

Source: ukconstitutionallaw.org

Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution – UK Constitutional Law Association

‘In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the “sovereignty of the constitution”. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constitution appeared to be firmly established. Recent events, however, demonstrate the shaky foundations of this new constitutionalism, with a growing trend towards a weakening of both legal and political checks on Governmental power. This blog post draws attention to this worrying trend, focusing on three key examples. It is based on the findings of the first report of the Constitutional Monitoring Group (of which the authors are both members), established to provide a biannual barometer of the state of constitutional principles in the UK. The report raises concerns not just about the potential consequences of this trend, but of the piecemeal and rapid manner in which it is occurring, with some important constitutional changes appearing to happen under the radar.’

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UK Constitutional Law Association, 8th September 2021

Source: ukconstitutionallaw.org

Tom Hickman QC: Quashing Orders and the Judicial Review and Courts Act – UK Constitutional Law Association

‘Despite commissioning a wide-ranging review of administrative law, the Judicial Review and Courts Bill 2021, unveiled this week, does not include restrictions on judicial review that many had feared. Indeed, it says relatively little about judicial review.’

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UK Constitutional Law Association, 26th July 2021

Source: ukconstitutionallaw.org

Knife, Stone, Paper – Stephen Sedley – London Review of Books

‘Working​ in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that “the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm … The King hath no prerogative, but that which the law of the land allows him.” It gave a key to the question, since immigration rules are made, without need of statutory authority, under the prerogative power to control entry into the realm, a power which is itself part of the common law and subject to its constraints. It was so when Elizabeth I’s autocratic successor, James I and VI, wanted to rule by proclamation; it was so in 2010 when Theresa May wanted to use the royal prerogative to bypass Parliament; it was still so in 2017 when it was proposed that the UK leave the EU by ministerial fiat rather than parliamentary authority, and again in 2019 when Elizabeth II was required by Boris Johnson to prorogue Parliament for no recognised reason.’

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London Review of Books, 1st July 2021

Source: www.lrb.co.uk

2005 Constitutional Reform Act up for review – Law Society’s Gazette

‘The government intends to revisit the role of lord chancellor as part of a ‘careful review’ of the Blair administration’s 2005 Constitutional Reform Act, current incumbent Robert Buckland QC MP has revealed.’

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Law Society's Gazette, 14th June 2021

Source: www.lawgazette.co.uk

Lewis Graham: Suspended and prospective quashing orders: the current picture – UK Constitutional Law Association

Posted June 11th, 2021 in constitutional law, government departments, judicial review, news by tracey

‘The government is currently pursuing reform of judicial review remedies. Out of the many possibilities canvassed over the last year or so, two proposals in particular have emerged as likely contenders for legislative action: suspended quashing orders and prospective quashing orders. In this post, I examine these proposals, alongside the court’s existing powers in relation to issuing quashing orders, in order to discern what the real impact of any legislative intervention would be.’

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UK Constitutional Law Association, 7th June 2021

Source: ukconstitutionallaw.org

Paolo Sandro: Do You Really Mean It? Ouster Clauses, Judicial Review Reform, and the UK Constitutionalism Paradox – UK Constitutional Law Association

‘The Conservative government’s response to the IRAL report has raised plenty of alarm bells from UK constitutional scholars. The widespread observation that the government’s judicial review reform plans appear to go well beyond what the Independent Panel recommended points to a more fundamental problem: that the government seems to proceed from a very partial understanding (at best) of the UK “constitution”.’

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UK Constitutional Law Association, 1st June 2021

Source: ukconstitutionallaw.org

Mark K Heatley: The Implications of the Hertfordshire County Council Case for Local Democracy – UK Constitutional Law Association

‘The High Court recently delivered its judgment in the case of Hertfordshire County Council v Secretary of State for Housing, Communities and Local Government, finding that remote meetings of local councils could not continue after 7 May 2021. This article looks at the decision and considers its impact for future local democracy.’

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UK Constitutional Law Association, 2nd June 2021

Source: ukconstitutionallaw.org

Finnian Clarke: Be careful what you wish for: The government’s judicial review consultation on public law nullity – UK Constitutional Law Association

‘In its “Judicial Review Reform: the Government Response to the Independent Review of Administrative Law” consultation document, the government puts forward a number of suggestions for reform of the concept of “nullity” within UK public law. They suggest among other things that only jurisdictional errors should be deemed void ab initio, and/or that courts ought to have a presumption against a finding of nullity. Though the recent Queen’s speech included a Judicial Review Bill, it made no mention of these specific proposals, suggesting that the government may be minded to shelve these ideas for now. In this post I’ll argue that the government would be well-advised to leave nullity alone.’

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UK Constitutional Law Association, 24th May 2021

Source: ukconstitutionallaw.org