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.’

Full story

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.’

Full story

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 brexit, 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 brexit, 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.’

Full story

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 brexit, 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.’

Full story

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.’

Full story

The Guardian, 7th July 2016

Source: www.guardian.co.uk

Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

Full story

UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

Human rights must be protected against the abuse of power – The Guardian

Posted May 16th, 2016 in bills, constitutional law, devolution, human rights, news by sally

‘The Tories’ British bill of rights could deprive victims of the right to seek redress. It must be fought.’

Full story

The Guardian, 16th May 2016

Source: www.guardian.co.uk

British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

Full story

The Guardian, 9th May 2016

Source: www.guardian.co.uk

Robert Thomas: Local Government Devolution in England – UK Constitutional Law Association

‘At last, devolution is happening in England, but there are some areas of concern especially as regards the lack of public engagement and the legal framework.’

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UK Constitutional Law Association, 2nd March 2016

Source: www.ukconstitutionallaw.org

‘English votes’ rules used for first time in House of Commons – BBC News

Posted January 13th, 2016 in bills, devolution, news, parliament by sally

‘New “English votes for English laws” rules have been implemented in the House of Commons for the first time.’

Full story

BBC News, 12th January 2016

Source: www.bbc.co.uk

Speech by the Lord Chief Justice: The Law of Wales – Looking Forward – Courts and Tribunals Judiciary

Posted November 2nd, 2015 in devolution, speeches, Wales by tracey

‘Speech by the Lord Chief Justice at the Legal Wales Conference 9 October 2015.’

Full speech

Courts and Tribunals Judiciary, 23rd october 2015

Source: www.judiciary.gov.uk

Government accused of risking ‘disunited kingdom’ as Commons approves English votes for English laws – Independent

Posted October 23rd, 2015 in bills, devolution, news, parliament, Scotland, veto by michael

‘The Government was accused of risking the creation of  a “disunited kingdom” after the Commons approved an historic change to give English MPs a veto over laws which affect only England.’

Full story

Independent, 22nd October 2015

Source: www.independent.co.uk

English votes for English laws plan ‘to be rewritten’ – BBC News

Posted July 9th, 2015 in bills, devolution, news, parliament by sally

‘Commons leader Chris Grayling says the government is rewriting its plans to give England’s MPs a veto over English laws, with a vote delayed to September.’

Full story

BBC News, 9th July 2015

Source: www.bbc.co.uk

Michael Gove determined to scrap the Human Rights Act – even if Scotland retains it – Independent

Posted June 1st, 2015 in bills, constitutional law, devolution, human rights, news, Scotland by michael

Scotland could be allowed to retain the Human Rights Act even if Westminster sidelined the European Court in favour of an “English” Bill of Rights, according to new plans being considered by Michael Gove.

Full story

Independent, 31st May 2015

Source: www.independent.co.uk

Devolution at the heart of UK government’s first legislative programme, expert says – OUT-LAW.com

Posted May 29th, 2015 in bills, devolution, local government, news by sally

‘The UK’s new Conservative government will “set in motion the biggest transfer of power from Westminster and Whitehall in history”, an expert has said, after it committed to regional devolution in England and more powers for Scotland, Wales and Northern Ireland.’

Full story

OUT-LAW.com, 29th May 2015

Source: www.out-law.com

Queen’s Speech: ‘English votes for English laws’ plan – BBC News

Posted May 27th, 2015 in constitutional reform, devolution, news, parliament by sally

‘Plans to give MPs from English constituencies an effective veto on laws affecting only England are included in the Queen’s Speech.’

Full story

BBC News, 27th May 2015

Source: www.bbc.co.uk

HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

Full story

UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

Attorney General Dominic Grieve questions what Tories trying to achieve by replacing Human Rights Act with British Bill of Rights – The Independent

‘The former Attorney General Dominic Grieve has questioned what the Conservative Party is trying to achieve through its plan to replace the Human Rights Act with a new British Bill of Rights.’
Full story

The Independent, 17th May 2015

Source: www.independent.co.uk