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.’

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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.’

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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.’

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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.’

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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.’

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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.’

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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?’

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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.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

Devolution in England: a review – UCL Constitution Unit

Posted April 24th, 2017 in devolution, legal history, London, news by tracey

‘On Monday 10 April Professor Tony Travers of the London School of Economics (LSE) spoke at a Constitution Unit seminar on devolution in England. The talk covered the history of English devolution, international comparisons, and some thoughts for the future amidst the current Brexit-dominated political landscape. Kasim Khorasanee reports.’

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UCL Constitution Unit, 24th April 2017

Source: www.ucl.ac.uk/constitution-unit

The government’s ‘English votes for English laws’ review: an assessment – UCL Constitution Unit

Posted April 7th, 2017 in constitutional law, devolution, news, parliament, reports, veto by tracey

‘Last Thursday the government published its technical review of the operation of the “English votes for English laws” (EVEL) procedures in the House of Commons. The review concluded against making “any substantive changes”. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.’

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UCL Constitution Unit, 5th April 2017

Source: www.ucl.ac.uk/constitution-unit

Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

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UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts – UK Constitutional Law Association

Posted February 24th, 2017 in devolution, EC law, news, parliament, referendums, veto by sally

‘Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States will have veto powers over the terms of Brexit. This gives them ample opportunities to influence the course of negotiations. Unless the wishes of all of these parliamentary bodies are accommodated, it will be a rather ‘hard’ Brexit indeed. This commentary examines the role of parliaments in the UK’s yet-to-be-triggered exit from the EU.’

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UK Constitutional Law Association, 23rd February 2017

Source: www.ukconstitutionallaw.org

Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

David Scott: Miller, Sewel, and the Human Rights Act – UK Constitutional Law Association

Posted February 13th, 2017 in devolution, EC law, human rights, news, Supreme Court, treaties by sally

‘Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; agreement in the dissents at 242, 243, and 282] may have weakened opposition to the Government’s “other” crusade—against the European Court of Human Rights.’

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UK Constitutional Law Association, 8th February 2017

Source: www.ukconstitutionallaw.org

Role of Law Officers on Devolution and Bills – Attorney General’s Office

Posted December 20th, 2016 in attorney general, bills, devolution, speeches, Wales by tracey

‘The Solicitor General spoke to Public Law Wales on the role of the Law Officers on Devolution and Bills.’

Full speech

Attorney General’s Office, 20th December 2016

Source: www.gov.uk/ago

Further reforms are needed to strengthen the powers of English MPs, says study – Daily Telegraph

Posted November 28th, 2016 in devolution, EC law, news, parliament, referendums, veto by tracey

‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

Posted October 7th, 2016 in devolution, EC law, legislative drafting, news, parliament, referendums, rule of law by tracey

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

Full paper

UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

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Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Greater Manchester to get devolved criminal justice powers – The Guardian

Posted July 7th, 2016 in criminal justice, devolution, local government, news by sally

‘The acting mayor of Greater Manchester is to sign a deal with the government, committing to the transfer of criminal justice and offender management powers to the new devolved authority.’

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The Guardian, 7th July 2016

Source: www.guardian.co.uk