Graham John Wheeler: When Should the Lords Reject Secondary Legislation? – UK Constitutional Law Association

‘On 26 October 2015, the House of Lords debated the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015. The Regulations were approved, but subject to two riders. Critics claimed that these riders constituted “fatal” amendments, and that they were therefore tantamount to a rejection of the legislation. It was argued that it is constitutionally improper for the House of Lords to reject financial legislation in this way.’

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UK Constitutional Law Association, 7th December 2015

Source: www.ukconstitutionallaw.org

Don’t Fast-Track the Investigatory Powers Bill: A reply to Lord Carlile – Natasha Simonsen and Cian Murphy – UK Human Rights Blog

Posted November 17th, 2015 in bills, investigatory powers, legislation, news, terrorism by sally

‘Lord Carlile QC, former Independent Reviewer of Terrorism Legislation, has said that in the aftermath of the Paris attacks last weekend, Parliament should fast-track the Investigatory Powers Bill into law. Given his extensive experience in the field, Lord Carlile’s views should not be taken lightly. But Lord Carlile is wrong. To fast-track the Investigatory Powers Bill is undesirable and unnecessary. It would also end a crucial public conversation in a wrong-headed paroxysm of governmental action.’

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UK Human Rights Blog, 16th November 2015

Source: www.ukhumanrightsblog.com

Let magistrates deal with more assault cases, says law reform body – The Guardian

Posted November 3rd, 2015 in assault, courts, Law Commission, legislation, magistrates, news, reports, violence by sally

‘Magistrates courts should be empowered to deal with thousands more assault charges every year rather than sending too many cases for expensive trial in the crown court, the Law Commission has said.’

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The Guardian, 3rd November 2015

Source: www.guardian.co.uk

Reform violent crime laws and re-name GBH and ABH offences, say experts – Daily Telegraph

Posted November 3rd, 2015 in assault, crime, Law Commission, legislation, news, reports, violence by sally

”Archaic’ language on violent crime dating back more than 150 years must be updated, says Law Commission.’

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Daily Telegraph, 3rd November 2015

Source: www.telegraph.co.uk

Government accused of trying to water down Freedom of Information Act – The Guardian

Posted October 20th, 2015 in freedom of information, legislation, media, news by sally

‘The government has been accused of a “cynical and dangerous” attempt to water down important freedom of information legislation in a campaign uniting journalists and supporters of press freedom launched on Monday.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

Ad campaign aims to rally support to save Human Rights Act – The Guardian

Posted October 20th, 2015 in advertising, bills, human rights, legislation, news, repeals by sally

‘The battle to save the Human Rights Act takes to the streets this week with crowdfunded billboards focusing on those who have used the legislation to obtain justice.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

Blackstone’s Statutes: top legislation – OUP Blog

Posted September 28th, 2015 in conveyancing, EC law, human rights, leases, legislation, mental health, news by sally

‘With the recent publication of the 2015-2016 editions of the Blackstone’s Statutes series, we asked some of the authors to select a piece of legislation from the series that has the most impact on their subject area.’
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OUP Blog, 28th September 2015

Source: www.oupblog.com

New Freedom of Information review will shut down access, campaigners warn – Daily Telegraph

Posted September 22nd, 2015 in freedom of information, inquiries, legislation, news by sally

‘Over 140 organisations have written to the Prime Minister expressing ‘serious concern’ at his review of the Freedom of Information rules.’
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Daily Telegraph, 22nd September 2015

Source: www.telegraph.co.uk

New insolvency legislation: A guide to the new Deregulation Act 2015 and Small Business, Enterprise and Employment Act 2015 – Hardwicke Chambers

Posted July 28th, 2015 in administration orders, insolvency, legislation, news by sally

‘The Small Business, Enterprise and Employment Act 2015 (SEEBA) and the Deregulation Act 2015 were added to the statute book on 26 March. Both contain provisions that make significant changes to the Insolvency Act 1986.’

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Hardwicke Chambers, 10th June 2015

Source: www.hardwicke.co.uk

Lack of anti-extremist legislation hasn’t hampered watchdog, says Ofcom chief – The Guardian

‘Ofcom chief executive Sharon White has said the regulator has not been hampered by lack of legislation in cracking down on extremist broadcasts following David Cameron said it should be given beefed-up powers to tackle the issue.’

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The Guardian, 21st July 2015

Source: www.guardian.co.uk

HRA Watch: Reform, Repeal, Replace? Elizabeth Stokes: Prisoners’ Rights in Context: What Future under a British Bill of Rights? – UK Constitutional Law Association

Posted July 21st, 2015 in bills, human rights, legislation, news, prisons by sally

‘As we contemplate the potential demise of the Human Rights Act 1998 in the UK (in no small part due to the decision in Hirst (No2) and its domestic application) it is worth considering what all this means for the protection of prisoners’ human rights in our domestic sphere, and the potential of either the courts or our democratic processes to recognise them.’

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UK Constitutional Law Association, 20th July 2015

Source: www.ukconstitutionallaw.org/blog

Divisional Court strikes down DRIPA communications data law – UK Human Rights Blog

Posted July 21st, 2015 in conflict of laws, EC law, electronic mail, human rights, legislation, news by sally

‘R (ota Davis et al) v. Secretary of State for Home Department [2015] EWHC 2092 – 17 July 2015. When a domestic Act of Parliament is in conflict with EU law, EU law wins. And when a bit of the EU Charter (given effect by the Lisbon Treaty) conflicts with an EU Directive, the EU Charter wins. Which is why the Divisional Court found itself quashing an Act of Parliament on Friday – at the behest of four claimants, including two MPs, the Tories’ David Davis and Labour’s Tom Watson.’

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UK Human Rights blog, 19th july 2015

Source: www.ukhumanrightsblog.com

Data protection regulator launches staunch defence of Freedom of Information Act – The Independent

Posted July 7th, 2015 in data protection, freedom of information, legislation, news by sally

‘The regulator in charge of data protection and consumer protection has given a staunch defence of Britain’s embattled transparency laws, only days after Justice Secretary Michael Gove confirmed he was considering a crackdown on freedom of information laws.’
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The Independent, 2nd July 2015

Source: www.independent.co.uk

Criminal law changes – Law Society’s Gazette

‘Offender Rehabilitation Act

This act came into force on 1 February 2015 for sentences imposed on or after that date. This is important for any defendant who receives a sentence of more than one day but less than two years, and who is over 18 on the day of their release. They will now be required to spend a total of one year either on licence or on supervision under the provisions introduced by this statute (section 256AA of the Criminal Justice Act 2003).’

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Law Society’s Gazette, 15th June 2015

Source: www.lawgazette.co.uk

Independent reviewer recommends redraft of UK surveillance laws – OUT-LAW.com

‘Existing UK surveillance laws should be scrapped and replaced by a “comprehensive and comprehensible new law…drafted from scratch”, the barrister appointed to review UK terrorism legislation has said.’

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OUT-LAW.com, 16th June 2015

Source: www.out-law.com

Human Rights Act repeal would send wrong signal, says Tory peer – The Guardian

Posted June 2nd, 2015 in bills, human rights, legislation, news, repeals, treaties by sally

‘A Conservative former lord chancellor has opposed calls for Britain to withdraw from the European convention on human rights, arguing that it would send out the wrong signal.’

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The Guardian, 1st June 2015

Source: www.guardian.co.uk

UK competition authority gains power to make recommendations on how proposed laws would affect competition – OUT-LAW.com

Posted May 28th, 2015 in competition, legislation, news by sally

‘The Competition and Markets Authority (CMA) now has the power to make written recommendations to UK government ministers on how legislative plans before the UK parliament could impact on competition in UK markets.’

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OUT-LAW.com, 27th May 2015

Source: www.out-law.com

Attempt to scrap Human Rights Act will not get past Lords, Falconer warns Gove – The Guardian

‘A new British bill of rights is expected to be included in the Queen’s speech, but shadow lord chancellor says upper house would be within its rights to reject it.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

HRA Watch: Reform, Repeal, Replace? Cormac Mac Amhlaigh: A Referendum on Repeal of the Human Rights Act? Why not? – UK Constitutional Law Association

‘So we finally we have some clarity. Of the many statements, quasi-proposals and rumours affecting constitutional reform which had been swirling around during the term of the last coalition government, we now know which will see the light of day as official government policy. With the surprise Conservative majority government, it is now clear that the Human Rights Act will be repealed and replaced with a British Bill of Rights and there will be a referendum on EU membership by 2017 at the latest. Given that many of these issues had already been touted by one part of the coalition, many, if not most, of the constitutional and political implications, and particularly the difficulties, of these proposals have already been thrashed out in different forums such as the recent report co-edited by my colleague Tobias Lock, as well as, of course, on the pages of this blog. I have read and benefited from these excellent insights and so have nothing to add here to the substance of these issues.’

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UK Constitutional Law Association, 25th May 2015

Source: http://ukconstitutionallaw.org

Legal experts call for greater scrutiny of surveillance laws – The Guardian

‘An alliance of prominent academics have signed a letter to the government warning against any expansions of state surveillance without the full involvement of parliament and the public.’

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The Guardian, 26th May 2015

Source: www.guardian.co.uk