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

Lord Chancellor unveils court staff pay deal and review of his role – Legal Futures

‘The Treasury has agreed a three-year pay deal for court staff after negotiations with the Ministry of Justice (MoJ), the Lord Chancellor has announced.’

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Legal Futures, 9th June 2021

Source: www.legalfutures.co.uk

Gareth Evans: The Senedd Election and the Constitutional Prospects for Welsh Devolution – UK Constitutional Law Association

‘On 6 May 2021, the people of Wales went to the polls in the sixth Senedd election. More so than in previous Senedd elections, the focus of the debate centred around a catalogue of distinctly Welsh political issues, including the constitutional future of the Welsh devolution settlement. Among the constitutional possibilities offered to voters at the election were proposals for both the abolition of the Senedd and Welsh independence, together with the more muted options of maintaining the constitutional status quo, or seeking the devolution of additional powers in areas such as justice and policing, transport and broadcasting.’

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UK Constitutional Law Association, 13th May 2021

Source: ukconstitutionallaw.org

Tim Sayer: Preserving Judicial Oversight: An Appeal to Self-Interest – UK Constitutional Law Association

‘Boris Johnson’s government takes the view that ours is a time of judicial overreach, necessitating redress in terms of the balance of judicial and executive power. This seems to have been driven by a number of high-profile cases, certain vocal thinktanks which appear to have the ear of government, and a wider constitutional prospectus of enhancing executive power to the detriment of the other branches of state. An endless series of projects and proposals have emerged, designed to remedy the perception of an overmighty judiciary. The Independent Review of Administrative Law, established with a view to curbing the perceived excesses of judicial review, reported recently in relatively tame terms, only to be swiftly followed by a further set of proposals. The Independent Human Rights Act Review potentially paves the way for satiation of long-held Conservative fantasies of amending the Human Rights Act. There are also, if leaks are to be believed, proposals to reform the UK Supreme Court.’

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UK Constitutional Law Association, 21st April 2021

Source: ukconstitutionallaw.org

Brian Christopher Jones: A single written UK constitution may only make things worse – UK Constitutional Law Association

‘Arguments for and against a single written (or “codified”) UK constitution often revolve around flexibility versus rigidity or transparency versus opacity. Recently, another common objection is that it would just be inconvenient, or impossible given the current levels of polarisation. These objections are reasonable and legitimate, but they are hardly the full extent of the story. In fact, much room exists for a more principled stance: that implementing a single written constitution may just be unwise, and ultimately lead to a number of democracy-hindering downsides.’

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UK Constitutional Law Association, 25th May 2020

Source: ukconstitutionallaw.org

Byron Karemba: Brexit, the Reference Jurisdiction of the UKSC and the New Separation of Powers – UK Constitutional Law Association

‘When the UKSC was created, there was great emphasis by the architects of the Court that it would largely assume the same constitutional position and functions as the Appellate Committee of the House of Lords.’

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UK Constitutional Law Association, 30th July 2018

Source: ukconstitutionallaw.org

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence – UK Constitutional Law Association

‘The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance was influenced by the House of Lords voting in favour of such a soft Brexit some months ago or by the City entrepreneurs voicing their support to such a scenario. Projecting into the future, it is equally unclear how the Chequers agreement will impact UK politics and the government’s viability.’

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UK Constitutional Law Association, 12th July 2018

Source: ukconstitutionallaw.org

How Does New Brexit Secretary Dominic Raab Stack Up On Human Rights? – Rights Info

‘In a shock resignation at almost midnight, one of the leading figures responsible for Brexit negotiations has quit his cabinet post.’

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Rights Info, 9th July 2018

Source: rightsinfo.org

The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

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Oxford Human Rights Hub, 18th June 2018

Source: ohrh.law.ox.ac.uk

Jack Simson Caird: Parliament’s Right to a ‘Meaningful Vote’: Amendments to the EU (Withdrawal) Bill – UK Constitutional Law Association

Posted June 12th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament, treaties by sally

‘On Tuesday 12 June 2018, the Government will ask the House of Commons to reject the Lords’ meaningful vote amendment to the EU (Withdrawal) Bill (Lords Amendment 19). If the amendment is rejected, the Government will ask the Commons to accept its own alternative version, known as an ‘amendment in lieu’. If either amendment is enacted, and the Commons uses its veto to reject the Withdrawal Agreement, this would be a constitutionally unprecedented situation. This post looks at the Government’s ‘amendment in lieu’, and the features that distinguish it from the Lords’ amendment.’

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UK Constitutional Law Association, 11th June 2018

Source: ukconstitutionallaw.org

Legal challenge to devolved Brexit bills – BBC News

Posted April 17th, 2018 in bills, constitutional reform, devolution issues, news, Supreme Court, treaties by tracey

‘The UK government has launched a legal challenge to the Scottish and Welsh governments’ Brexit bills. The two devolved parliaments passed legislation last month that is intended to act as an alternative to Westminster’s EU Withdrawal Bill. But the UK government has asked the Supreme Court to rule whether the legislation is constitutional and within devolved powers.’

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BBC News, 17th April 2018

Source: www.bbc.co.uk

Voter ID trials ‘risk disenfranchising vulnerable people’ – The Guardian

‘A group of more than 40 charities, campaign groups and academics have written to the government to warn that plans to trial compulsory voter ID at the local elections in May risk disenfranchising large numbers of vulnerable people.’

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The Guardian, 6th March 2018

Source: www.theguardian.com

EU to publish first draft of Brexit treaty – BBC News

Posted February 28th, 2018 in brexit, constitutional reform, EC law, news, Northern Ireland, treaties by sally

‘The European Union is set to publish a legal draft of its Brexit withdrawal agreement for the first time, detailing the terms of the UK’s departure.’

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BBC News, 28th February 2018

Source: www.bbc.co.uk

Leah Trueblood: The Merits and Meaning of a ‘Second’ Referendum – UK Constitutional Law Association

Posted February 5th, 2018 in constitutional law, constitutional reform, news, referendums, treaties by sally

‘Even before the vote on 23 June 2016, questions were raised about the possibility of a ‘second’ referendum. I place the term ‘second’ in inverted commas because the idea that another vote means another referendum reflects a misunderstanding both about (i) what a referendum is and (ii) the role of referendums in the United Kingdom’s constitutional arrangements. On the ‘second’ referendum view, a referendum is synonymous with a vote. This is not the case. I will argue in this post that a referendum is a multi-stage process of referring a question to voters. This does include one vote, but may well include multiple votes. I will also argue that the conflation of referendums with votes underlies many of the flaws of the Brexit referendum in particular and the use of referendums in the United Kingdom in general. This is not a political argument for or against Brexit. It is a constitutional argument about what the role can and should be for voting in the process of constitutional reform through referendums in the United Kingdom.’

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UK Constitutional Law Association, 5th February 2018

Source: ukconstitutionallaw.org

Four Reasons for Retaining the Charter: Part 2 – Remedies – Oxford Human Rights Hub

‘The previous blog post drew attention to the way in which the scope of rights protected in the UK may be diminished post Brexit if the Charter is not retained as part of domestic law. The second reason for retaining the Charter draws attention to the remedy provided when rights are breached. Individuals relying on the Charter at the moment can use the Charter to disapply legislation which breaches Charter rights. This is a legally binding remedy which invalidates the relevant legislation. This is not the case for those relying on common law rights, or their Convention rights under the Human Rights Act.’

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Oxford Human Rights Hub, 4th February 2018

Source: ohrh.law.ox.ac.uk

Four Reasons for Retaining the Charter Post Brexit: Part 1 – A Broader Protection of Rights – Oxford Human Rights Hub

Posted February 5th, 2018 in brexit, constitutional reform, EC law, human rights, news, treaties by sally

‘This series of short blog posts will argue that there are four main reasons for allowing the EU Charter of Fundamental Rights to continue to have domestic effect in UK law. First, it provides a broader scope of rights than either the ECHR or the common law. Second, it provides a better remedy for a breach of rights. Third, to retain the Charter provides greater clarity as to the extent to which human rights are protected in the UK. Fourth, the Charter provides for a protection of rights that has more democratic credentials than either the common (judge-made) law, or the ECHR. The final blog post will explain why the Government’s main argument against retention of the Charter – that it only applies within the scope of EU law – does not provide a justification for removing the Charter from domestic law.’

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Oxford Human Rights Hub, 2nd February 2018

Source: ohrh.law.ox.ac.uk

Sovereignty or Supremacy? Lords Constitution Committee Reports on EU (Withdrawal) Bill — Mark Elliott and Stephen Tierney – UK Human Rights Blog

Posted January 30th, 2018 in bills, constitutional reform, EC law, news, reports, select committees, treaties by sally

‘The House of Lords Constitution Committee today issues its main report on the European Union (Withdrawal) Bill. This follows the preliminary and interim reports on the Bill that the Committee published last year. The new report is wide-ranging and hard-hitting, the Committee’s view being that the Bill ‘risks fundamentally undermining legal certainty’.’

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UK Human Rights Blog, 29th January 2018

Source: ukhumanrightsblog.com

Brexit: EU (Withdrawal Bill) fundamentally flawed, say peers – BBC News

Posted January 29th, 2018 in bills, brexit, constitutional reform, EC law, news, select committees, treaties by sally

‘Proposed legislation bringing existing EU law into UK law is “fundamentally flawed” and needs to be reworked, a Lords committee has said.’

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BBC News, 29th January 2018

Source: www.bbc.co.uk

Law Pod UK Ep. 21: Outlining the Legal Milestones to Brexit – 1 COR

Posted January 22nd, 2018 in brexit, constitutional reform, EC law, news, treaties by sally

‘In December 2017, the principles of Britain’s divorce from the European Union were agreed, and we now move to what Theresa May has called the “implementation phase”. But, as Professor Catherine Barnard of Cambridge University tells Bonnie Soames, it should really be termed “the transition”.’

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Law Pod UK, 17th January 2018

Source: audioboom.com

Miscarriages of justice – OUP Blog

Posted January 22nd, 2018 in appeals, constitutional reform, courts, miscarriage of justice, news by sally

‘Today we take it for granted that anyone convicted of a crime should be able to appeal to a higher court. However, this wasn’t always so. English lawyers traditionally set great store in the deterrent value of swift and final justice. Over the course of the nineteenth century, reformers pressed for the establishment of a court that could review sentencing and order retrials on points of law or new evidence. These advocates of change met with fierce resistance from the judiciary and much of the legal profession, and the cause of reform had little success until a spectacular miscarriage of justice came to light.’

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OUP Blog, 21st January 2018

Source: blog.oup.com