Parents of disabled child win fight against UK hotel quarantine – The Guardian

‘A severely disabled child who was forced to go into hotel quarantine after returning from a “red list” country has been allowed to return home to complete their period of self-isolation after a legal challenge.’

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The Guardian, 5th May 2021

Source: www.theguardian.com

Rodney Brazier: Mr Johnson and His Flat – UK Constitutional Law Association

Posted May 4th, 2021 in ministers' powers and duties, news, parliament, political parties by tracey

‘Let me begin with what should be platitudinous. The presumption of innocence is a cherished legal principle in the United Kingdom. No one is guilty of a crime unless a court so decides after a fair hearing, and anyone accused of wrongdoing short of a crime is entitled to the protection of an analogous principle. Politicians must account to Parliament, and are answerable to the voters. Politicians must obey the law and comply with relevant codes of conduct.’

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UK Constitutional Law Association, 4th May 2021

Source: ukconstitutionallaw.org

Immigration removal and an Article 2 inquest – UK Human Rights Blog

‘R (Lawal) v Secretary of State for the Home Department (2021), Upper Tribunal (Immigration and Asylum Chamber), Unreported, JR/626/2020 (V).
The death of an immigration detainee, as with all prisoners, is rightly subject to legal scrutiny. This is because detainees are completely under the state’s control. Article 2 ECHR requires that the state carry out an effective investigation into all deaths in detention where there is a reasonable suspicion that the death was unnatural. A coroner is required to hold an inquest into all deaths in custody, and specifically a jury inquest where there is reason to suspect the death is violent or unnatural. In this case, a two-judge panel of the Upper Tribunal (President of the Upper Tribunal, Mr Justice Lane, and Upper Tribunal Judge Canavan) found that the respondent Home Secretary had breached her Article 2 procedural obligations in respect of deaths in immigration detention. In particular, she had failed to ensure that crucial witness evidence was secured for use at an inquest and had failed to halt the deportation of a relevant witness.’

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UK Human Rights Blog, 29th April 2021

Source: ukhumanrightsblog.com

Anti-protest curbs in UK policing bill ‘violate international rights standards’ – The Guardian

‘Anti-protest curbs contained in the new policing bill are disproportionate, hand subjective powers to officers and the home secretary, and violate international human rights standards, MPs and peers have been told.’

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The Guardian, 28th April 2021

Source: www.theguardian.com

PM can be challenged in court over Priti Patel bullying decision, hearing rules – The Guardian

‘Boris Johnson’s decision to back Priti Patel and disregard the findings of his adviser on ministerial standards that the home secretary had bullied staff can be challenged in court, a hearing has ruled.’

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The Guardian, 27th April 2021

Source: www.theguardian.com

Boris Johnson flat inquiry: what sanctions can watchdog impose? – The Guardian

‘Boris Johnson is bracing for an investigation by the Electoral Commission into payments covering renovations to his Downing Street flat. What will the process will look like and what sanctions could the Conservative party face?’

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The Guardian, 28th April 2021

Source: www.theguardian.com

Max Taylor: Parliamentary Confirmation of Ministerial Nominations – UK Constitutional Law Association

Posted March 11th, 2021 in constitutional law, Crown, ministers' powers and duties, news, parliament by sally

‘In terms of government formation, there are two kinds of parliamentary system: “…countries where the government needs to win an investiture vote are said to have positive parliamentarism, while countries in which the government just needs to be tolerated by parliament are said to have negative parliamentarism”. By this definition, the UK has a negative parliamentary system (excepting s. 2(5), Fixed-Term Parliaments Act 2011): the Queen appoints the Prime Minister by inviting him to form a Government; and subsequent ministers are appointed by the Queen on the advice of the PM; but the House of Commons may move that it has no confidence in HM Government. Compared to a positive parliamentary system – e.g. Spain, where the appointment of the King’s prime ministerial nominee requires a successful vote of confidence by an absolute majority of the Congress of Deputies – a negative one has three disadvantages. These are that there is a democratic deficit in the Government; obscurity in a Government’s democratic mandate, under hung parliaments; and that there are inadequate checks and balances between the Government and Parliament.’

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UK Constitutional Law Association, 11th March 2021

Source: ukconstitutionallaw.org

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case – Local Government Lawyer

‘Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in “bullying” case.

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Local Government Lawyer, 22nd February 2021

Source: www.localgovernmentlawyer.co.uk

Covid: Equalities watchdog urged to investigate UK’s pandemic response – BBC News

Posted February 16th, 2021 in coronavirus, equality, ministers' powers and duties, news, women by sally

‘Unions, women’s groups and charities have asked the UK’s equalities watchdog to investigate whether the government broke the law in its pandemic response.’

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BBC News, 15th February 2021

Source: www.bbc.co.uk

High Court finds ‘huge delay’ in the Home Office provision of asylum support accommodation – EIN Blog

‘The High Court judgment in R (DMA & Ors) v The Secretary of State for the Home Department [2020] EWHC 3416 (Admin) upheld a significant judicial review challenge against the Secretary of State over systemic delays in the provision of adequate accommodation to destitute, refused asylum seekers.’

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EIN Blog, 1st February 2021

Source: www.ein.org.uk

Errol Graham: Starved man’s family take benefits case to court – BBC News

‘The family of a mentally ill man who starved to death after his benefits were stopped will take on the government at the High Court later.’

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BBC News, 12th January 2021

Source: www.bbc.co.uk

High Court dismisses Harry Dunn challenge – UK Human Rights Blog

‘R (on the application of Charlotte Charles and Tim Dunn) v Secretary of State for Foreign and Commonwealth Affairs & Chief Constable of Northamptonshire Police [2020] EWHC 3185 (Admin). At a “rolled up” hearing on both permission and substantive merits, a challenge was considered by the High Court to the decision of the Foreign and Commonwealth Office’s (“FCO”) that Anne Sacoolas, the wife of a member of the US Government’s Technical and Administrative staff stationed at RAF Croughton, was entitled to diplomatic immunity from prosecution. The challenge to this decision was dismissed on all grounds. However, permission to appeal to the Court of Appeal has been granted.’

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UK Human Rights Blog, 14th December 2020

Source: ukhumanrightsblog.com

Challenge upheld to Covid-19 changes to care regime for children – UK Human Rights Blog

Posted December 8th, 2020 in adoption, care orders, children, coronavirus, ministers' powers and duties, news by sally

‘The issue before the Court of Appeal was whether the Secretary of State for Education had acted unlawfully in failing to consult certain bodies representing children in care, including the Children’s Commissioner for England, before introducing the Adoption and Children (Coronavirus) (Amendment) Regulations 2020 (“the Amendment Regulations”) following the outbreak of the Coronavirus pandemic.’

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UK Human Rights Blog, 7th December 2020

Source: ukhumanrightsblog.com

Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row

‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’

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33 Bedford Row, 27th October 2020

Source: www.33bedfordrow.co.uk

Legal action taken against PM over refusal to investigate Kremlin meddling – The Guardian

‘A cross-party group of MPs and peers including a former national security adviser are taking legal action against Boris Johnson over his government’s refusal to order an inquiry into Russian interference in UK elections.’

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The Guardian, 29th October 2020

Source: www.theguardian.com

Robert Craig: Coronavirus Regulations Case reaches the Court of Appeal – Hearing Dates 29-30 October 2020 – UK Constitutional Law Association

Posted October 29th, 2020 in coronavirus, judicial review, ministers' powers and duties, news, regulations by sally

‘Litigation challenging the vires of the Coronavirus Regulations has been rumbling along over recent months. On 6 July 2020, Mr Justice Lewis refused permission in the Simon Dolan judicial review case.’

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UK Constitutional Law Association, 28th October 2020

Source: ukconstitutionallaw.org

Home Office Removals Policy Unlawful, holds Court of Appeal – UK Human Rights Blog

Posted October 27th, 2020 in deportation, human rights, immigration, ministers' powers and duties, news by sally

‘On 21/10/2020, the Court of Appeal ruled that the Home Office’s removal window policy (“the Policy”) was unlawful. The Policy incorporated an unacceptable risk of interference with the right of access to court by exposing a category of irregular migrants — including those who have claims in respect of their right to life and/or freedom from torture and inhuman or degrading treatment — to the risk of removal without any proper opportunity to challenge a relevant decision in a court or tribunal.’

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UK Human Rights Blog, 27th October 2020

Source: ukhumanrightsblog.com

Keith Bush and Huw Pritchard: Implications of the Independent Review of Administrative Law for Devolved Government in Wales – UK Constitutional Law Association

‘The devolution of legislative and executive powers to Scotland, Wales and Northern Ireland has now been a feature of the UK constitution for over 20 years. The three devolution settlements establish patterns of governance for the devolved territories which involve a delicate balance between the proper spheres of activity of devolved and UK institutions. Any major reform affecting the powers of one level of government inevitably impacts on the other. As the history of the implementation of the UK’s decision to withdraw from the EU has demonstrated, failure to consider, from the outset, the impact on devolved government of proposed measures, on the misconceived grounds that those measures only strictly relate to matters reserved to the UK level of government, inevitably leads to unpredicted consequences, legislative complexity and an enhanced level of political controversy.’

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UK Constitutional Law Association, 22nd October 2020

Source: ukconstitutionallaw.org

Appeal court quashes UK policy of removing migrants with little warning – The Guardian

Posted October 22nd, 2020 in appeals, human rights, immigration, ministers' powers and duties, news by sally

‘The court of appeal has quashed a Home Office policy of removing migrants from the UK without access to justice.’

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The Guardian, 21st October 2020

Source: www.theguardian.com

Supreme Court rejects application for permission to appeal ruling on allotments appropriation and ministerial consent – Local Government Lawyer

‘The Supreme Court has refused permission to appeal a Court of Appeal ruling that land used for allotments for more than 80 years had not been subject of an appropriation for that use and so a council could dispose of the land without the consent of the Secretary of State, it has emerged.’

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Local Government Lawyer, 19th October 2020

Source: www.localgovernmentlawyer.co.uk