Consultation on Martyn’s law published but questions remain – OUT-LAW.com

‘The UK government’s consultation on proposed changes to the requirements for standard tier premises under draft anti-terrorism legislation confirms a commitment to proportionality. However, questions remain, including on what businesses must do to protect against acts of terrorism, an expert has said.’

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OUT-LAW.com, 14th February 2024

Source: www.pinsentmasons.com

Philip Murray: Ouster Clause Redux: The Court of Appeal’s Decision in LA (Albania) – UK Constitutional Law Association

Posted November 21st, 2023 in constitutional law, judicial review, legislative drafting, news, parliament by sally

‘In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and it was informative to observe how judges responded to the clause in judicial review. But while Oceana raised an important point of constitutional law, namely, Parliament’s ability to exclude judicial review with sufficiently express statutory language, the underlying case in Oceana was a weak one. It was little surprise, therefore, that Oceana did not fall for reconsideration on appeal. However, Saini J’s judgment in Oceana that Parliament is institutionally competent to exclude judicial review in certain circumstances has now come under further judicial scrutiny by the Court of Appeal in R (LA (Albania)) v Upper Tribunal [2023] EWCA Civ 1337. And so it is time for another blog post, addressing again the important question on the effectiveness of ouster clauses and the potential limits of Parliament’s legislative sovereignty.’

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UK Constitutional Law Association, 21st November 2023

Source: ukconstitutionallaw.org

‘Less transparent and democratic’: damning verdict on rule of law – Law Society’s Gazette

‘Law-making has become less transparent, less accountable, less inclusive and less democratic, legal thinktank Justice has said in a damning report published today on the government’s approach to the rule of law.’

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Law Society's Gazette, 11th September 2023

Source: www.lawgazette.co.uk

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.’

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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?’

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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

‘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.’

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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

‘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.’

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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.’

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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.’

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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

‘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.’

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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

‘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.’

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OUT-LAW.com, 30th October 2017

Source: www.out-law.com

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

‘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

‘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

‘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.’

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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.’

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Daily Telegraph, 21st January 2017

Source: www.telegraph.co.uk