“Britain’s anti-terror laws watchdog is to investigate whether laws were used “lawfully, appropriately and humanely” when police detained David Miranda at Heathrow airport for nine hours.”
The Guardian, 22nd August 2013
Source: www.guardian.co.uk
“The Government’s termination of existing judicial review proceedings via certification under the Justice and Security Act was ‘troubling’ but lawful. Parliament’s intention was clear, even though there were no new rules in force yet.”
UK Human Rights Blog, 12th August 2013
Source: www.ukhumanrightsblog.com
“The words ‘the trust’ in sections 65F(1), 65I(1) and 65K(1) of the National Health Service Act 2006, as inserted, meant the particular failing trust to which a Trust Special Administrator had been appointed and not any other NHS trust.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
“The health secretary, Jeremy Hunt, has had his decision to reduce services at a major hospital declared unlawful and quashed by the high court.”
The Guardian, 31st July 2013
Source: www.guardian.co.uk
Regina (Modaresi) v Secretary of State for Health and others [2013] UKSC 53; [2013] WLR (D) 309
“The Secretary of State for Health had not acted unlawfully in refusing to exercise his statutory discretion to refer the case of a detained patient to a mental health review tribunal for review in circumstances where the patient had a right to make an application to the tribunal herself.”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Supreme Court, 24th July 2013
“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”
OUT-LAW.com, 19th July 2013
Source: www.out-law.com
“On 12 June 2003 a minor constitutional revolution began with the resignation of Lord Irvine as Lord Chancellor and the announcement of a package of reforms including the abolition of his office and the creation of a Supreme Court, later to become the Constitutional Reform Act 2005 (CRA). To commemorate the tenth anniversary of these events, the Judicial Independence Project held a private seminar on 12 June 2013 at which some of those directly involved in the changes spoke about the experience and the effects it has had on constitutional change. A note of the seminar is available here. In part the seminar brought out the drama and the comedy of the day itself. An old friendship ended in acrimony: Irvine had been the Prime Minister’s pupil master and had introduced him to his wife. At the same time the senior judiciary, at an away day with civil servants, were taken by surprise by the announcement and had to have the details explained to them whilst they huddled, increasingly angry, around a single phone in a country pub.”
UK Constitutional Law Group, 26th June 2013
Source: www.ukconstitutionallaw.org
“Criminal suspects who have been arrested should not normally be named until they are charged, the Home Secretary has said.”
The Independent, 16th May 2013
Source: www.independent.co.uk
“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”
WLR Daily, 25th April 2013
Source: www.iclr.co.uk
“The High Court is being asked to make a judgement over the question of who owns the fish in the sea.”
BBC News, 1st May 2013
Source: www.bbc.co.uk
“Does the Chris Huhne affair have constitutional implications? In one sense, the answer to this question might be a rather obvious one. From a constitutional perspective – although certainly not from a political perspective – the case seems relatively uncontroversial.”
UK Constitutional Law Group, 25th March 2013
Source: www.ukconstitutionallaw.org
“Jack Straw served continuously on the Labour front-bench for 30 years- from November 1980 until October 2010.
He was a senior member of the Labour Cabinet for the whole period of the 1997-2000 Labour Government. He served successively as Home Secretary (1997-2001), Foreign Secretary (2001-2006), Leader of the Commons (2006-7), and then Lord Chancellor and Justice Secretary (2007-2010).”
UCL Constitution Unit, 7th March 2013
Source: www.ucl.ac.uk/constitution-unit
Should the Decision of the Foreign Secretary be Justiciable?
Louise Christian, Senior Consultant and Head of Public Law, Christian Khan Solicitors
Inner Temple Reader’s Lecture Series, 18th February 2013
Source: www.innertemple.org.uk
“The Home Secretary, Theresa May, is no stranger to ill-founded outbursts concerning the evils of human rights. Against that background, her recent article in the Mail on Sunday (to which Adam Wager has already drawn attention) does not disappoint. May’s ire is drawn by certain recent judicial decisions in which the deportation of foreign criminals has been ruled unlawful on the ground that it would breach their right to respect for private and family life under Article 8 of the European Convention on Human Rights. Some of these judgments, May contends, flout instructions issued to judges by Parliament about how such cases should be decided.”
UK Human Rights Blog, 18th February 2013
Source: www.ukhumanrightsblog.com
“Constitutional reforms that have taken effect over the past seven years ‘may be eroding something rather important’, the lord chief justice of England and Wales told peers on Wednesday.”
The Guardian, 30th January 2013
Source: www.guardian.co.uk
M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365
“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
“Who should decide whether a suspect should be extradited to stand trial abroad? Is extradition purely a legal matter, to be decided by the courts? Or should ministers have the discretion to block extradition in appropriate cases?”
BBC News, 6th November 2012
Source: www.bbc.co.uk
“Clarke insists that under the justice and security bill nothing currently heard in open court would be moved to closed court.”
The Guardian, 26th October 2012
Source: www.guardian.co.uk
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