Category: legislative drafting

The zombie law: 3C leave and long residence – 5SAH

Posted November 4th, 2021 in appeals, immigration, legislative drafting, news, regulations, time limits by sally

‘The “labyrinthine structure and idiosyncratic drafting” of the Immigration Rules (the Court of Appeal’s words, not mine), sometimes makes it difficult to divine the meaning and purpose of UK immigration laws. This is perhaps never more true than in the case of 3C leave. In the recent decisions of Akinola and Hoque, the Court of Appeal has been attempting to makes sense of the situation and what it means for 10-year long residence applications.’

Full Story

5SAH, 20th October 2021

Source: www.5sah.co.uk

Statutory Instruments: the Unseen Constitutional Crisis – Blackstone Chambers

Posted October 20th, 2020 in brexit, constitutional law, coronavirus, legislative drafting, news, regulations by sally

‘Why is legislating by Statutory Instrument so tempting for Government?’

Full Story

Blackstone Chambers, 14th October 2020

Source: www.blackstonechambers.com

Brian Christopher Jones: A single written UK constitution may only make things worse – UK Constitutional Law Association

Posted May 27th, 2020 in constitutional law, constitutional reform, legislative drafting, news by sally

‘Arguments for and against a single written (or “codified”) UK constitution often revolve around flexibility versus rigidity or transparency versus opacity. Recently, another common objection is that it would just be inconvenient, or impossible given the current levels of polarisation. These objections are reasonable and legitimate, but they are hardly the full extent of the story. In fact, much room exists for a more principled stance: that implementing a single written constitution may just be unwise, and ultimately lead to a number of democracy-hindering downsides.’

Full Story

UK Constitutional Law Association, 25th May 2020

Source: ukconstitutionallaw.org

How to divine statutory purpose: the Israel/arms trade disinvestment case – UK Human Rights Blog

Posted April 30th, 2020 in international trade, legislative drafting, local government, news, pensions, Supreme Court, weapons by sally

‘This case is about Government “Guidance” aimed at local authorities, banning some of those “ethical” objections to investment policies but allowing other objections. “Guidance” in quotes because the net effect of the Act and secondary legislation was to make the Guidance mandatory: see [10] of Lord Wilson’s judgment. In particular, the policy ban was to apply to (a) boycotts to foreign nations and (b) UK defence industries. The sharp focus of the former was Israel. No surprises that the Quakers and the Campaign against the Arms Trade should appear in support of the challenge to the latter.’

Full Story

UK Human Rights Blog, 29th April 2020

Source: ukhumanrightsblog.com

Improved drafting of Immigration Rules to save Government £70 million – Law Commission

Posted January 23rd, 2020 in immigration, Law Commission, legislative drafting, press releases by tracey

‘Improvements to the way that Immigration Rules are written and presented would make them easier to follow for applicants and save the Government almost £70 million over ten years. This is according to the Law Commission, the independent law reform agency, that published its report on the Simplification of the Immigration Rules today.’

Full press release

Law Commission, 14th January 2020

Source: www.lawcom.gov.uk

UK immigration rules are unworkable, says Law Commission – The Guardian

Posted January 14th, 2020 in immigration, Law Commission, legislative drafting, news, regulations by sally

‘Immigration rules are “overly complex and unworkable” according to the Law Commission, which recommends simplifying them in order to save the government £70m over the next decade.’

Full Story

The Guardian, 14th January 2020

Source: www.theguardian.com

Recent Statutory Instruments – legislation.gov.uk

Posted August 8th, 2019 in legislative drafting by tracey

The Data Protection Act 2018 (Commencement No. 2) Regulations 2019

The Solicitors (Disciplinary Proceedings) Rules 2019

Source: www.legislation.gov.uk

Lord Carnwath at the Statute Law Society – Supreme Court

Posted July 15th, 2019 in legislative drafting, speeches, statutory interpretation, taxation by tracey

‘Lord Carnwath at the Statute Law Society.’

Full speech

Supreme Court, 10th July 2019

Source: www.supremecourt.uk

Extremism definition fails Clarkson test: Government gave up on laws to fight ideology because it’s ‘too difficult’ – Daily Telegraph

Posted April 9th, 2019 in bills, legislative drafting, news, terrorism by sally

‘The Government has abandoned creating laws to tackle extremism because it is “too difficult” as their last attempt would have even criminalised Jeremy Clarkson, the former reviewer of terrorism laws has said.’

Full Story

Daily Telegraph, 6th April 2019

Source: www.telegraph.co.uk

Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them – Courts and Tribunals Judiciary

Posted April 20th, 2018 in advocacy, case management, civil procedure rules, interpretation, legislative drafting, speeches by tracey

‘Speech by Lord Justice Irwin: Complexity and Obscurity in the Law, and how we might mitigate them.’

Full speech

Courts and Tribunals Judiciary, 19th April 2018

Source: www.judiciary.gov.uk

Copyright-protected works will not be subject to new EU rules on ‘geo-blocking’ – OUT-LAW.com

Posted December 6th, 2017 in copyright, EC law, internet, legislative drafting, news by sally

‘Online service providers in the EU will not face new obligations to make their copyrighted content available to customers to access when they are visiting other EU countries after proposed new EU laws were watered down.’

Full Story

OUT-LAW.com, 4th December 2017

Source: www.out-law.com

Government reiterates plans for EU-UK data flows post-Brexit amidst criticism of Data Protection Bill powers – OUT-LAW.com

Posted October 30th, 2017 in bills, brexit, data protection, EC law, legislative drafting, ministers' powers and duties, news, parliamentary papers, reports, select committees by sally

‘The UK government has reiterated its plans to establish an agreement with the remainder of the EU member states that will allow personal data to flow across borders unhindered post-Brexit.’

Full Story

OUT-LAW.com, 30th October 2017

Source: www.out-law.com

A bluffers guide to the Homeless Reduction Act 2017 – Nearly Legal

Posted May 15th, 2017 in homelessness, housing, legislation, legislative drafting, local government, news, statutory duty by sally

‘The Homelessness Reduction Act has now received royal assent. The Act itself is here. There is no date yet for it to come into force – there will need to be statutory guidance produced first – and the current guess is that it is likely to be in 2018. Of course, what the Act mostly does is amend Housing Act 1996 Part VII.’

Full story

Nearly Legal, 14th May 2017

Source: www.nearlylegal.co.uk

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

Posted February 27th, 2017 in constitutional law, foreign jurisdictions, freedom of expression, judges, judiciary, legal history, legal language, legislative drafting, speeches by tracey

‘Divided by a common language: American and British perspectives on constitutional law.’

Full speech

Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk

Case of conflicting CPR provisions “highlight concerns over fixed costs extension” – Litigation Futures

Posted February 24th, 2017 in civil procedure rules, costs, legislative drafting, news, part 36 offers, road traffic by sally

‘A recent ruling caused by “shoddy” drafting of the CPR highlights the importance of any extension of fixed costs being accompanied by “a well-drafted and fully integrated set of procedural rules”, a costs specialist has warned.’

Full story

Litigation Futures, 23rd February 2017

Source: www.litigationfutures.com

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

Full story

UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

Four versions of Brexit law prepared as Government braced for Supreme Court defeat in Article 50 case – Daily Telegraph

Posted January 23rd, 2017 in brexit, EC law, legislative drafting, news, prerogative powers, Supreme Court, treaties by sally

‘Four different versions of the law giving Theresa May the power to start Brexit have already been prepared as ministers brace themselves for Supreme Court defeat this week.’

Full story

Daily Telegraph, 21st January 2017

Source: www.telegraph.co.uk

Susskind: Parliament should adopt advanced IT for lawmaking – Legal Futures

Posted January 18th, 2017 in bills, electronic filing, legislative drafting, news, parliament by sally

‘Parliament could harness the power of technology to provide a system to lawmakers that gives them the ability to test speculatively the knock-on effects of legislative changes while they are considering bills, according to IT guru Professor Richard Susskind.’

Full story

Legal Futures, 16th January 2017

Source: www.legalfutures.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

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Posted June 30th, 2016 in Law Commission, legislation, legislative drafting, parliamentary papers, press releases, reports, Wales by tracey

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales.’

Full press release

official-documents.gov.uk, 30th June 2016

Source: official-documents.gov.uk