Government revokes Brexit regulation after judicial review threat – Law Society’s Gazette

‘The government has pledged to not use Henry VIII powers to make Brexit legislation after a public law charity threatened legal action.’

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Law Society's Gazette, 17th October 2019

Source: www.lawgazette.co.uk

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II – UK Constitutional Law Association

‘This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1.’

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UK Constitutional Law Association, 10th October 2019

Source: ukconstitutionallaw.org

Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I – UK Constitutional Law Association

‘This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.’

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UK Constitutional Law Association, 9th October 2019

Source: ukconstitutionallaw.org

Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50 – UK Constitutional Law Association

‘Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the law. Or he can resign. The Benn Act appears to trap the Prime Minister between these unpalatable options. Nevertheless, he may be able to escape. For the Act may ask the impossible.’

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UK Constitutional Law Association, 1st October 2019

Source: ukconstitutionallaw.org

Sam Fowles: Cherry/Miller: What’s Next? – UK Constitutional Law Association

‘Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.’

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UK Constitutional Law Association, 26th September 2019

Source: ukconstitutionallaw.org

Supreme Court: Suspending Parliament was unlawful, judges rule – BBC News

‘Boris Johnson’s decision to suspend Parliament was unlawful, the Supreme Court has ruled.’

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BBC News, 24th September 2019

Source: www.bbc.co.uk

John Major’s lawyer attacks No 10 prorogation claims as ‘misleading’ – The Guardian

‘Downing Street put out “misleading” statements about the prorogation of parliament and published excuses for Boris Johnson’s five-week suspension of the Commons that are “not the true reasons”, the supreme court has been told by a lawyer for the former prime minister John Major.’

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The Guardian, 19th September 2019

Source: www.theguardian.com

Supreme Court: What happened in the suspension of Parliament case? – BBC News

‘This was no ordinary court case. The battle in the Supreme Court over the shutdown of Parliament is a historic test of the powers of the prime minister, MPs and the courts.’

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BBC News, 19th September 2019

Source: www.bbc.co.uk

Brexit: Judge rejects parliament shutdown legal challenge – BBC News

‘A Scottish judge has rejected a bid to have Boris Johnson’s plan to shut down parliament ahead of Brexit declared illegal.’

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BBC News, 4th September 2019

Source: www.bbc.co.uk

Former top judge lambasts Grayling and Truss in memoir – The Guardian

‘The former lord chancellor Chris Grayling “never believed access to social justice” was important while Liz Truss was a “disaster” in the same role, according to a highly revealing memoir by one of the country’s most senior, recently retired judges.’

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The Guardian, 21st August 2019

Source: www.theguardian.com

Windrush victims still waiting for payments from Home Office – The Guardian

‘The government has still made no compensation payments to Windrush victims and has failed to introduce legislation that would allow damages to be paid, 15 months after Theresa May apologised for the scandal and promised a financial settlement.’

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The Guardian, 4th July 2019

Source: www.theguardian.com

Home Secretary apologises to members of Windrush generation – Home Office

‘The Home Secretary has written 46 letters to people who were sanctioned under compliant environment policies and 7 to people with criminal convictions who were held under immigration detention powers at the end of their prison sentence.’

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Home Office, 10th June 2019

Source: www.gov.uk/home-office

EU citizens’ voting rights: ministers accused of ‘shocking complacency’ – The Guardian

‘The government has been accused of “shocking complacency” over the European election voting rights controversy as new data revealed that as few as one in 10 EU citizens were able to cast their vote in some areas of Britain.’

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The Guardian, 4th June 2019

Source: www.theguardian.com

UK’s Top Spy Watchdog Steps Down, Commits To Review ‘Torture Loophole’ By October – Rights Info

Posted June 3rd, 2019 in intelligence services, ministers' powers and duties, news, torture by sally

‘The UK’s top spy watchdog has announced he will be stepping down in October, a week after a secret policy allowing ministers to approve actions that could lead to torture was revealed.’

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Rights Info, 31st May 2019

Source: rightsinfo.org

Sajid Javid accused of ‘human fly-tipping’ in Shamima Begum case – The Guardian

‘A lawyer for Shamima Begum’s family has accused Sajid Javid of cancelling the citizenship of the teenager who joined Islamic State to further his ambitions of becoming prime minister, describing the case as “human fly-tipping”.’

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The Guardian, 31st May 2019

Source: www.theguardian.com

Court castigates Home Office over misuse of immigration law – The Guardian

Posted April 17th, 2019 in immigration, ministers' powers and duties, news, taxation, terrorism by tracey

‘The appeal court has issued a damning judgment criticising the Home Office’s process in using a terrorism-related paragraph of immigration law as “legally flawed” and ruling it must be changed.’

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The Guardian, 16th April 2019

Source: www.theguardian.com

Minister apologises to couple wrongly accused of sham marriage – The Guardian

‘A Home Office minister has apologised to a couple wrongly accused of entering a sham marriage, amid condemnation by politicians and human rights campaigners over the treatment of genuine couples.’

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The Guardian, 15th April 2019

Source: www.theguardian.com

David Howarth: Westminster versus Whitehall: Two Incompatible Views of the Constitution – UK Constitutional Law Association

Posted April 11th, 2019 in brexit, constitutional law, ministers' powers and duties, news, parliament by sally

‘Lawyers like to make as much sense as possible of the material in front of them, transforming it, if they can, from a jumble of decisions and remarks into a coherent whole. For constitutional lawyers that habit of mind is both a blessing and a curse. It is a blessing because it causes lawyers to look for subtleties others miss (albeit sometimes subtleties they themselves create). It is a curse because when the material is generated by underlying mechanisms and ideas that fundamentally conflict, it leaves lawyers at a loss, or, worse, going round in circles.’

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UK Constitutional Law Association, 10th April 2019

Source: ukconstitutionallaw.org

Could ministerial advice to the Queen to prorogue Parliament or to refuse assent to a Parliamentary Bill be challenged in the courts? – Brexit Law

‘This post continues the debate that has arisen following recent Parliamentary efforts to seize the initiative from the Government to avoid a no-deal Brexit, in particular the Cooper- Letwin Bill, and certain proposals that have emerged by which it is suggested the Government could thwart these efforts.’

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Brexit Law, 8th April 2019

Source: brexit.law

High Court suspends Home Office deportations policy – UK Human Rights Blog

Posted March 22nd, 2019 in deportation, immigration, injunctions, ministers' powers and duties, news by tracey

‘R (Medical Justice) v Secretary of State for the Home Department [2019] CO/543/2019. The High Court delivered the latest in a series of blows to the Government’s “hostile environment” immigration policy on Thursday. Walker J granted Medical Justice an interim injunction which will prevent the Home Office from removing or deporting people from the country without notice.’

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UK Human Rights Blog, 21st March 2019

Source: ukhumanrightsblog.com