30 years of the Child Support Act – House of Commons Library

Posted July 21st, 2021 in children, divorce, families, financial provision, legal history, news, parliament by sally

‘The UK’s formal system for child support arrangements between separated families, without involving the courts, is provided by the Child Maintenance Service (CMS). This succeeded the Child Support Agency (CSA), first established in 1993 with the Child Support Act 1991.’

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House of Commons Library, 20th July 2021

Source: commonslibrary.parliament.uk

Knife, Stone, Paper – Stephen Sedley – London Review of Books

‘Working​ in 2010 on a knotty judgment about the power of the home secretary to include additional criteria in immigration rules that she had previously laid before Parliament as required by statute, something clicked in my memory. Four centuries earlier, in 1611, in a decision known as the Case of Proclamations, it had been ruled that “the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm … The King hath no prerogative, but that which the law of the land allows him.” It gave a key to the question, since immigration rules are made, without need of statutory authority, under the prerogative power to control entry into the realm, a power which is itself part of the common law and subject to its constraints. It was so when Elizabeth I’s autocratic successor, James I and VI, wanted to rule by proclamation; it was so in 2010 when Theresa May wanted to use the royal prerogative to bypass Parliament; it was still so in 2017 when it was proposed that the UK leave the EU by ministerial fiat rather than parliamentary authority, and again in 2019 when Elizabeth II was required by Boris Johnson to prorogue Parliament for no recognised reason.’

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London Review of Books, 1st July 2021

Source: www.lrb.co.uk

Part Four: The Future of Human Rights in the UK – Each Other

‘As has become apparent amid the tumult of COVID-19, our understanding of human rights is constantly developing. We have published a mini-series of explainers reviewing the history of our rights and where these leave us standing today. Part 1 looked at the modern history of human rights themselves. Part 2 asked what is the link between social justice and human rights? Part 3 looked at how COVID-19 has affected our human rights. This fourth and final part of our human rights explainer series touches upon the future of human rights in the UK.’

Part one
Part two
Part three

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Each Other, 5th May 2021

Source: eachother.org.uk

Part One: The History of Our Human Rights – Each Other

Posted April 8th, 2021 in human rights, legal history, news, United Nations by sally

‘As they evolve and come under scrutiny, what constitutes our human rights in the United Kingdom is hotly contested. The first of a series, this piece takes us through the history of human rights from their formal inception to the present day.’

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Each Other, 7th April 2021

Source: eachother.org.uk

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

The Mangrove Nine and the history of English juries – 6KBW College Hill

Posted February 11th, 2021 in bills, criminal procedure, juries, legal history, news by sally

‘Criminal lawyers watching Steve McQueen’s Mangrove on the BBC last year may have raised an eyebrow or two during the scenes at the Old Bailey. Lawyers are used to seeing their TV counterparts do things they would never see in their practice, yet in this case it was not an inaccuracy that stood out, but the wholly accurate portrayal of a process that is now extinct in England and Wales.’

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6KBW College Hill, 11th February 2021

Source: blog.6kbw.com

Civil law, religion and marriage in the United Kingdom: a long read – Law & Religion UK

‘This began as a handout for the Cardiff LLM in Canon Law: it’s about the law on the formation of marriage – “weddings law” – rather than matrimonial law more generally.’

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Law & Religion UK, 11th November 2020

Source: lawandreligionuk.com

Disability Discrimination Act: The disabled activists who brought London to a halt – BBC News

‘Twenty-five years ago the Disability Discrimination Act was passed, a landmark piece of legislation which ensured, for the first time, that disabled people had civil rights.’

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BBC News, 8th November 2020

Source: www.bbc.co.uk

Viewpoint: Disability laws are 25 years old, what next? – BBC News

Posted November 9th, 2020 in disability discrimination, disabled persons, equality, legal history, news by sally

‘It’s 25 years since the Disability Discrimination Act became law, but the campaign for equality goes on.’

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BBC News, 9th November 2020

Source: www.bbc.co.uk

Defining the Prerogative: The story of the Case of Proclamations – Falcon Chambers

‘I am going to talk about some of the great politico-legal battles in the 17th Century which established the conceptual framework for what we call the Rule of Law. English constitutional history is no longer taught in our schools or as part of training for the Bar and so you may be unfamiliar with these three stories, all of which played a vital part in the development of our law and legal system.’

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Falcon Chambers, April 2020

Source: www.falcon-chambers.com

Lady Hale at the BACFI Denning Lecture 2019, Athenaeum, Pall Mall, London – Supreme Court

Posted December 11th, 2019 in diversity, equality, gender, judges, legal history, legal profession, sex discrimination, women by tracey

‘Women in law –the next 100 yearsBACFI DenningLecture2019Athenaeum, Pall Mall, LondonLady Hale, President of The Supreme Court.’

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Supreme Court, 4th December 2019

Happy anniversary? 30 years of the Children Act – New Law Journal

Posted December 5th, 2019 in children, families, legal history, news by sally

‘On the 30th anniversary of the Children Act, David Burrows reflects on the state of children’s rights.’

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New Law Journal, 28th November 2019

Source: www.newlawjournal.co.uk

The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019 – Courts and Tribunals Judiciary

Posted November 15th, 2019 in courts, judges, legal history, speeches by tracey

‘The Lord Chief Justice gives the Pilgrim Fathers Lecture 2019.’

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Courts and Tribunals Judiciary, 15th November 2019

Source: www.judiciary.uk

Speech by Mrs Justice Carr DBE: Women in Commercial Law – Courts and Tribunals Judiciary

‘Speech by Mrs Justice Carr DBE: Women in Commercial Law.’

Full speechFull speechFull speech

Courts and Tribunals Judiciary, 6th November 2019

Source: www.judiciary.uk

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

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UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Green bicycle mystery: Case ‘worthy of Sherlock Holmes’ – BBC News

Posted July 8th, 2019 in barristers, bicycles, evidence, legal history, murder, news, victims, women by sally

‘It was a murder trial that captivated a nation: a well-spoken former Army officer represented by the most famous barrister of the day stands accused of killing a vivacious, independent young woman.’

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BBC News, 8th July 2019

Source: www.bbc.co.uk

Landmarks in law: when female lawyers were declared ‘people’ – The Guardian

‘Gwyneth Bebb was born in Oxford in 1889. She was the sixth woman to study law at Oxford University, reading jurisprudence at St Hugh’s College. She completed her studies in 1911 with first class marks, yet she didn’t formally graduate because women at the time couldn’t be awarded degrees.’

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The Guardian, 15th February 2019

Source: www.theguardian.com

The Women Behind The Universal Declaration of Human Rights – Rights Info

Posted December 11th, 2018 in domestic violence, equality, human rights, legal history, news, statistics, women by sally

‘Hannah Swirsky, Campaigns Officer at René Cassin, outlines why the 70th anniversary of the Universal Declaration of Human Rights is a time for celebration, but also for remembrance of the unsung role of women in the Declaration, and, realising their legacies today.’

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Rights Info, 10th December 2018

Source: rightsinfo.org

Speech by Lord Justice Singh: Racial Equality and the Law – Courts and Tribunals Judiciary

‘Speech by Lord Justice Singh: Racial Equality and the Law,’

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Courts and Tribunals Judiciary, 14th November 2018

Source: www.judiciary.gov.uk

The history of The Declaration of the Rights of the Child – OUP Blog

Posted November 5th, 2018 in children, human rights, legal history, news, United Nations by sally

‘Virtually every news cycle seems to feature children as victims of military actions, gun violence, economic injustice, racism, sexism, sexual abuse, hunger, underfunded schools, unbridled commercialism—the list is endless. Each violates our sense of what childhood ought to be and challenges what we believe childhood has always been.’

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OUP Blog, 5th November 2018

Source: blog.oup.com