‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’
Counsel, November 2020
Source: www.counselmagazine.co.uk
‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’
Law Pod UK, 4th November 2020
Source: audioboom.com
‘Anyone who is affected by the decisions of public bodies must be able to raise a challenge in the courts, the Law Society said today as it proposed reforms to the judicial review process.’
Law Society's Gazette, 26th October 2020
Source: www.lawgazette.co.uk
‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’
UK Constitutional Law Association, 22nd October 2020
Source: ukconstitutionallaw.org
‘The Independent Review of Administrative Law (IRAL), which is holding a short, seven-week consultation that will close on 26 October 2020, has a remit to consider whether parts of UK administrative law should be codified.’
UK Constitutional Law Association, 20th October 2020
Source: ukconstitutionallaw.org
‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’
The Guardian, 20th October 2020
Source: www.theguardian.com
‘Why is legislating by Statutory Instrument so tempting for Government?’
Blackstone Chambers, 14th October 2020
Source: www.blackstonechambers.com
‘The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t pull its punches. Its highly critical analysis is informed by several evidence sessions involving academics, legal experts and prominent parliamentarians including the Lord Chancellor.’
UK Constitutional Law Association, 16th October 2020
Source: ukconstitutionallaw.org
‘It helped thousands of students across the country to have “discriminatory” computer-calculated exam grades scrapped this summer. It enabled health workers on the Covid frontlines to challenge the government over personal protective equipment shortages. It helped Gurkha veterans, who have been part of the British Army for centuries, challenge a policy which denied them settlement in the UK. And it kept a “dangerous” rapist behind bars.’
Each Other, 16th October 2020
Source: eachother.org.uk
‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’
The Guardian, 19th October 2020
Source: www.theguardian.com
‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’
UK Constitutional Law Association, 14th October 2020
Source: ukconstitutionallaw.org
‘The Law Society has set out six fundamental principles of judicial review that it says the Independent Review of Administrative Law (IRAL) “must protect”, arguing that judicial review is “a pillar of democracy and a vital check on power”.’
Local Government Lawyer, 7th October 2020
Source: www.localgovernmentlawyer.co.uk
‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’
The Independent, 6th October 2020
Source: www.independent.co.uk
‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’
Each Other, 25th September 2020
Source: eachother.org.uk
‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (“the Regulations”) contained the most draconian restrictions on the liberty of the general population ever imposed in England. They purported to create several new criminal offences (see reg. 9), including an offence of contravening a regulation that “… no person may leave the place where they are living without reasonable excuse” (see reg. 6) and an offence of contravening, without reasonable excuse, a regulation that (subject to limited exceptions) “no person may participate in a gathering in a public place of more than two people” (see reg. 7).’
UK Human Rights Blog, 24th September 2020
Source: ukhumanrightsblog.com
‘Last year, the Government committed itself to establishing a Commission on the Constitution, Democracy and Rights, which would consider reform of the UK’s constitutional order, including judicial review and the Human Rights Act 1998. Instead, on 30 July 2020, the Government launched an ostensibly narrower Independent Review of Administrative Law (IRAL) to examine the need for reforms of judicial review in particular. This is to be conducted by an advisory panel of experts led by Lord Faulks QC. Any options for reform put forward by the Review will be considered by the Lord Chancellor and Secretary of State for Justice, Robert Buckland QC MP and by the Chancellor of the Duchy of Lancaster, Michael Gove MP. Both the report of the Review and the Government’s response will be published by the end of 2020 or shortly thereafter.’
UK Constitutional Law Association, 24th September 2020
Source: ukconstitutionallaw.org
‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’
UK Constitutional Law Association, 23rd September 2020
Source: ukconstitutionallaw.org
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