‘English votes for English laws’ to be scrapped in government bid to revive the Union – The Independent

Posted July 9th, 2021 in bills, devolution, news, parliament, Scotland by michael

‘The law designed to prevent Scottish MPs from voting down legislation affecting England only will be axed, in a new government bid to revive the Union.’

Full Story

The Independent, 8th July 2021

Source: www.independent.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.’

Full Story

UK Constitutional Law Association, 13th May 2021

Source: ukconstitutionallaw.org

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

Full Story

UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘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.’

Full Story

UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill – UK Constitutional Law Association

‘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.’

Full Story

UK Constitutional Law Association, 16th October 2020

Source: ukconstitutionallaw.org

Christopher McCorkindale, Aileen McHarg and Tom Mullen: The Continuity Bill is Dead; Long Live the Continuity Bill – Regulatory Alignment and Divergence in Scotland Post-Brexit – UK Constitutional Law Association

Posted July 30th, 2020 in bills, brexit, devolution, EC law, news, Scotland by sally

‘Readers of this blog will be aware of the dispute between the Scottish and UK Governments over who should legislate in areas hitherto covered by EU law after Brexit (or more accurately after the end of the post-withdrawal Implementation Period). That dispute saw the Scottish Parliament enact its own Continuity Bill intended as an alternative to the European Union (Withdrawal) Act 2018 (EUWA). That Bill – the UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill (the “first Continuity Bill”) (discussed here and here) – was subsequently referred to the Supreme Court and held to be outwith devolved competence so far as it conflicted with the EUWA (discussed here). Although some provisions of the Bill survived the Supreme Court reference, the Scottish Government decided not to proceed with Bill, but undertook to bring back the remaining provisions on a future occasion.’

Full Story

UK Constitutional Law Associations, 30th July 2020

Source: ukconstitutionallaw.org

Gregory Davies and Dan Wincott: Brexit, the press and the territorial constitution – UK Constitutional Law Association

Posted June 11th, 2020 in brexit, constitutional law, devolution, media, news by sally

‘In the early years of devolution, Feldman described constitutional discourse in the UK as ‘a sea of conflicting visions’. More than a decade later, Brexit and now Covid-19 remind us again just how differently the UK is understood.’

Full Story

UK Constitutional Law Association, 10th June 2020

Source: ukconstitutionallaw.org

Gareth Evans: Devolution in Wales: From Assembly to Parliament – UK Constitutional Law Association

Posted April 17th, 2020 in constitutional law, devolution, news, Wales by sally

‘On 6 May 2020, the National Assembly for Wales (hereafter “the Assembly”) will officially be renamed, adopting the new title of Senedd Cymru / Welsh Parliament. The change comes as a result of section 9 of the Wales Act 2017, amending the Government of Wales Act 2006 (hereafter “GOWA”) to include the new section 111A which transfers to the Assembly the power to legislate on matters relating to its electoral and operational arrangements.’

Full Story

UK Constitutional Law Association, 15th April 2020

Source: ukconstitutionallaw.org

Thomas on Wales – Counsel

Posted February 20th, 2020 in civil justice, criminal justice, devolution, legal profession, news, reports, Wales by sally

‘With radical recommendations for ‘fair, distinct and devolved’ justice, the Thomas Report should be required reading for anyone interested in Wales and the state of its justice system – writes David Hughes.’

Full Story

Counsel, February 2020

Source: www.counselmagazine.co.uk

Welsh justice review calls for Scottish-style devolution of powers – The Guardian

Posted October 24th, 2019 in children, criminal responsibility, devolution, news, Wales by sally

‘Powers to control justice, policing and prisons should be devolved to the Welsh assembly as they are in Scotland and Northern Ireland, a commission led by the former lord chief justice of England and Wales has recommended.’

Full Story

The Guardian, 24th October 2019

Source: www.theguardian.com

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.’

Full Story

UK Constitutional Law Association, 30th July 2018

Source: ukconstitutionallaw.org

Domestic violence: can moving power out of Whitehall make a difference? – The Guardian

Posted December 12th, 2017 in devolution, domestic violence, local government, news, victims, women by sally

‘Vital services for vulnerable women have been cut across the country, but new metro authorities could be a chance to make radical improvements.’

Full Story

The Guardian, 12th December 2017

Source: www.theguardian.com

Catalonia: The Right to Secede and the Right to Self-Determination – Oxford Human Rights Hub

Posted October 24th, 2017 in constitutional law, devolution, foreign jurisdictions, news by sally

‘In an address to the Parliament of Catalonia on 10th October 2017, the President of Catalonia issued a ‘suspended’ unilateral declaration of independence (“UDI”) from Spain. The ‘suspended’ UDI followed a controversial independence referendum on 1st October 2017. The referendum, which was mired by protests and attempts by federal police forces to prevent people from voting, had resulted in a vote of 90% in favour of independence with a reported 42% turn-out.’

Full Story

Oxford Human Rights Hub, 23rd October 2017

Source: ohrh.law.ox.ac.uk

Planning for Infrastructure in Wales – No. 5 Chambers

Posted October 20th, 2017 in devolution, environmental protection, news, planning, Wales by sally

‘The Wales Act 2017 received Royal Assent on 31 January 2017. Some provisions are already in force; others will come into effect in April 2018.’

Full Story

No. 5 Chambers, 18th October 2017

Source: www.no5.com

Three monkeys on the back of English fiscal devolution – UCL Constitution Unit

Posted October 6th, 2017 in devolution, news, taxation by tracey

‘The fiscal powers of English local authorities are extremely limited. In recent years there have been many proposals for significant fiscal devolution to take place, but little progress has been made on this agenda. In this post Mark Sandford argues that there are three fundamental reasons for this: the nature of the UK state, the complexity involved and equity considerations.’

Full Story

UCL Constitution Unit, 6th October 2017

Source: constitution-unit.com

UK citizens set for “second class status” – EU (Withdrawal) Bill – The Bar Council

Posted September 8th, 2017 in bills, devolution, EC law, environmental protection, jurisdiction, news, treaties by tracey

‘”This Bill will leave UK citizens and businesses with less protection against the power of the state. Rights are not being brought home, they are being abolished.”
Andrew Langdon QC, Chair of the Bar.’

Full Story

The Bar Council, 7th September 2017

Source: www.barcouncil.org.uk

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association

‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’

Full Story

UK Constitutional Law Association, 18th July 2017

Source: ukconstitutionallaw.org

Grenfell Tower— a different perspective – New Law Journal

‘Theo Huckle QC compares & contrasts the public safety policy agendas of administrations in Westminster & Wales.’

Full Story

New Law Journal, 7th July 2017

Source: www.newlawjournal.co.uk

NI Abortion Refugees: further thoughts – UK Human Rights Blog

‘Was it unlawful for the Secretary of State for Health, who had power to make provisions for the functioning of the National Health Service in England, to have failed to make a provision which would have enabled women who were citizens of the UK, but who were usually resident in Northern Ireland, to undergo a termination of pregnancy under the NHS in England free of charge?’

Full Story

UK Human Rights Blog, 15 June 2017

Source: ukhumanrightsblog.com

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

Full Story

UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org