Craig Prescott: The Union, Constitutional Change and Constitutional Conventions (and English Regionalism?) – UK Constitutional Law Group

“Last week, the House of Commons Political and Constitutional Reform Committee published their report, Do We Need A Constitutional Convention For the UK? (HC 2012-13 371). It is an interesting document, mainly because its very existence shows that the idea of a constitutional convention is becoming more mainstream within Westminster. But the report raises many questions, not all of which are fully answered. The central thrust of the report is that considering the raft of changes made to the constitution since 1997, particularly devolution, ‘it is time to conduct a comprehensive review so that the Union can work well in the future’ (para 111), and that this review should take the form of a ‘constitutional convention to look at the formal constitutional structure of the UK’.”

Full story

UK Constitutional Law Group, 3rd April 2013


Colm O’Cinneide: Human Rights, Devolution and the Constrained Authority of the Westminster Parliament – UK Constitutional Law Group

Posted March 5th, 2013 in constitutional reform, devolution, human rights, news by sally

“The debate over the place of human rights in UK constitutional law continues to run and run. The Home Secretary, Theresa May MP, has recently criticised the manner in which UK judges are interpreting the right to family life protected by Article 8 of the ECHR. A private members bill tabled by Tory MP Charlie Elphicke, the Human Rights Act 1998 (Repeal and Substitution) Bill, which would de-incorporate Convention rights and replace them with diluted ‘British’ replacements, received its Second Reading on the 1st March 2013. Furthermore, at the time of writing, the Mail on Sunday is quoting Theresa May again to the effect that the next Tory election manifesto will include a commitment to withdrawing from the jurisdiction of the European Court of Human Rights, de-incorporating Convention rights, or some such equivalent measure.”

Full story

UK Constitutional Law Group, 4th March 2013


What lies beneath the Commission on a Bill of Rights report – UK Human Rights report

Posted December 21st, 2012 in constitutional law, devolution, human rights, news, reports by tracey

“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”

Full story

UK Human Rights Blog, 20th December 2012


Kinloch v HM Advocate – WLR Daily

Kinloch v HM Advocate: [2012] UKSC 62; [2012] WLR (D) 385

“Since unauthorised police surveillance of a person engaged in criminal activity in public places did not infringe that person’s right to respect for his private life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Lord Advocate, in adducing evidence obtained by means of such unauthorised surveillance at the trial of that person, had not acted incompatibly with his right to a fair trial under article 6(1) of the Convention, and had accordingly acted within his powers under section 57(2) of the Scotland Act 1998, as amended. However, the question whether the police had acted incompatibly with a Convention right was not a devolution issue within paragraph 1(d) of Schedule 6 to the Scotland Act 1998 and therefore could not be determined under the Supreme Court’s devolution jurisdiction.”

WLR Daily, 19th December 2012


Dos and don’ts for the bill of rights commission – The Guardian

Posted November 29th, 2012 in consultations, devolution, human rights, news, reports by sally

“The commission’s report on whether the Human Rights Act should be repealed is soon due. What should be avoided?”

Full story

The Guardian, 29th November 2012


Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012


Legality of first Welsh bill challenged at Supreme Court – BBC News

Posted October 9th, 2012 in byelaws, devolution, illegality, legislation, news, Supreme Court, Wales by sally

“The legality of the first bill passed by the Welsh assembly under new law-making powers will be challenged at the Supreme Court by the attorney general.”

Full story

BBC News, 9th October 2012


The UK supreme court is changing the way we think about law – The Guardian

Posted October 27th, 2011 in constitutional reform, devolution, human rights, judiciary, news, Supreme Court by sally

“The separation of judiciary and legislature will bring about a more confrontational relationship between judges and ministers.”

Full story

The Guardian, 26th October 2011


HM Advocate v P – WLR Daily

HM Advocate v P [2011] UKSC 44; [2011] WLR (D) 290

“There was no absolute rule that evidence which had been obtained from an accused who had been questioned by police when he had not been given access to legal advice, but which existed independently of his answers, was inadmissible.”

WLR Daily, 6th October 2011


Solicitor General: speech to 2011 Legal Wales Conference – Attorney General’s Office

Posted October 10th, 2011 in devolution, speeches, Wales by sally

Solicitor General: speech to 2011 Legal Wales Conference

Attorney General’s Office, 7th October 2011


Anti-terrorism powers for a rainy day – UK Human Rights Blog

“Next week will mark the 10th anniversary of the 11 September 2001 terrorist attacks. Despite the intervening decade, the states threatened by terrorism are still puzzling out the right balance between the powers of security services and the rights of suspected terrorists to due process.”

Full story

UK Human Rights Blog, 4th September 2011


Localism Bill: people to get legal right to buy threatened local shops or post offices – Daily Telegraph

Posted December 13th, 2010 in assets of community value, bills, devolution, local government, news, right to buy by sally

“People will be given the legal right to buy threatened community assets like post offices or village shops, Communities secretary Eric Pickles will announce next week.”

Full story

Daily Telegraph, 11th December 2010