Brexit legal advice warns of UK being trapped by Irish backstop – The Guardian

‘Legal advice on the Brexit deal, published reluctantly after MPs found the government in contempt of parliament, warns the terms of the Irish backstop could trap the UK in “protracted and repeated rounds of negotiations” in the years ahead.’

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The Guardian, 5th December 2018

Source: www.theguardian.com

MPs win right to meaningful vote on Brexit plan B – The Guardian

Posted December 5th, 2018 in brexit, news, parliament, referendums by sally

‘Backbench MPs led by Dominic Grieve have inflicted a humiliating defeat on the government, in an effort to ensure parliament can seize control of what happens in the crucial days after Theresa May’s Brexit deal is voted on.’

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The Guardian, 4th December 2018

Source: www.theguardian.com

Lady Hale gives the Michael Ryle Lecture at the House of Lords, London – Supreme Court

‘Should the Law Lords have left the House of Lords?’

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Supreme Court, 14th November 2018

Source: www.supremecourt.uk

Facebook documents seized by MPs investigating privacy breach – BBC News

Posted November 26th, 2018 in data protection, documents, internet, news, parliament, privacy, search & seizure by tracey

‘A cache of Facebook documents has been seized by MPs investigating the Cambridge Analytica data scandal. Rarely used parliamentary powers were used to demand that the boss of a US software firm hand over the details.’

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BBC News, 25th November 2018

Source: www.bbc.co.uk

Peers criticise growing use of ‘Henry VIII’ powers by successive governments – Local Government Lawyer

Posted November 21st, 2018 in constitutional law, legislation, news, parliament, select committees by tracey

‘Peers have hit out at the Government’s escalating use of so-called “Henry VIII powers”, describing the practice as “constitutionally objectional”. In a report the House of Lords Constitution Committee criticised the seeking of broad delegated powers that permit the determination as well as the implementation of policy, and in particular the use of such powers to create criminal offences and establish public bodies.’

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Local Government Lawyer, 20th November 2018

Source: www.localgovernmentlawyer.co.uk

Peers block Lord Lester’s suspension over harassment claims – The Guardian

‘A women’s rights campaigner has said she feels “victimised all over again” after the House of Lords voted to block the suspension of a Liberal Democrat peer who was found to have promised to make her a baroness if she agreed to sleep with him.’

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The Guardian, 15th November 2018

Source: www.theguardian.com

House of Lords debates religious intolerance and prejudice in the UK – Law & Religion UK

‘On 17 October, the House of Lords debated “the challenges posed by religious intolerance and prejudice in the United Kingdom”.’

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Law & Religion UK, 18th October 2018

Source: www.lawandreligionuk.com

Jack Simson Caird: Taking Back Control: Brexit, Parliament and the Rule of Law – UK Constitutional Law Association

Posted October 11th, 2018 in brexit, constitutional law, news, parliament, rule of law by sally

‘Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK’s constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis, we argue that the next six months represents a major test for the Rule of Law in the UK.’

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UK Constitutional Law Association, 10th October 2018

Source: ukconstitutionallaw.org

Westminster attack: PC Keith Palmer could have been saved if Met put armed police on Parliament gates, coroner finds – The Independent

Posted October 4th, 2018 in firearms, inquests, London, news, parliament, police by tracey

‘”Shortcomings in security” outside the Houses of Parliament contributed to the death of a police officer during the Westminster attack, a coroner has concluded.’

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The Independent, 3rd October 2018

Source: www.independent.co.uk

Tanzil Chowdhury: Statutorising UK Military Deployments and Assessing Anxieties of Their Justiciability – UK Constitutional Law Association

Posted September 20th, 2018 in bills, constitutional law, international law, news, parliament, war by tracey

‘The paramount anxieties that emerge from attempts to statutorising Parliament’s role in making decisions on whether to commit military action abroad has not just been to do with deferring power from the executive to the Commons, but also with the potential justiciability of such decisions. While frequent attempts to table such bills are often accompanied with assurances that these fears are misplaced, this post argues that putting Parliament’s role in deployment decisions, considered a matter of high policy, on a statutory footing could pierce the seemingly impermeable veil of non-justiciability that attend them and subject these decisions to common law review – a development that ought to be welcome.’

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UK Constitutional Law Association, 17th September 2018

Source: ukconstitutionallaw.org

MPs who use parliamentary privilege to break court orders undermine the judiciary, says Lord Chief Justice – Daily Telegraph

Posted September 11th, 2018 in injunctions, judges, judiciary, news, parliament, parliamentary privilege by tracey

‘MPs who “abuse” parliamentary privilege to break injunctions are eroding confidence in the justice system, the Lord Chief Justice has said. Lord Burnett of Maldon, the head of the judiciary, warned that the phenomenon was part of the “gentle erosion of support” for the courts.’

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Daily Telegraph, 10th September 2018

Source: www.telegraph.co.uk

What Does The John Worboys Case Have To Do With The Separation Of Powers? – Rights Info

Posted August 23rd, 2018 in judiciary, news, parliament, parole by sally

‘The separation of powers is one of the most important safeguards for our democracy. But the serial-rapist John Worboys’ case has lead to questions about whether the separation of powers is really being protected.’

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Rights Info, 22nd August 2018

Source: rightsinfo.org

Daughters in legal bid for House of Lords seat rights – BBC News

‘Five daughters of hereditary peers are to challenge a law that stops them from being elected to the House of Lords. They are taking the government to the European Court of Human Rights in a bid to end the system of male primogeniture which has resulted in almost all titles being passed to male heirs.’

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BBC News, 16th July 2018

Source: www.bbc.co.uk

MPs’ anti-bullying rules will cover Speaker, Leadsom suggests – The Guardian

Posted July 17th, 2018 in bullying, news, parliament, professional conduct by tracey

‘New rules to stop MPs from bullying and harassing staff will cover the office of the Speaker, meaning that any future complaints about John Bercow would have to be investigated, the leader of the Commons has suggested.’

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The Guardian, 17th July 2018

Source: www.theguardian.com

Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, brexit, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

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UK Constitutional Law Association, 3rd July 2018

Source: ukconstitutionallaw.org

Cross-party group of MPs seek to close loophole in upskirting bill – The Guardian

Posted June 29th, 2018 in bills, news, outraging public decency, parliament, photography by tracey

‘A cross-party group of MPs will seek to close a loophole in the government’s upskirting bill that could have allowed people who took images for financial gain or simply for fun to escape justice. The Conservative MP Maria Miller has held discussions with Labour’s Jess Phillips and the Liberal Democrat MP Wera Hobhouse about an amendment that would ensure there was a blanket ban on taking the voyeuristic images whatever the motivation.’

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The Guardian, 29th June 2018

Source: www.theguardian.com

£2.4m spent on House of Commons gagging clauses – BBC News

Posted June 22nd, 2018 in bullying, confidentiality, disclosure, news, parliament by tracey

‘The House of Commons spent £2.4m on “gagging clauses” for former staff since 2013, BBC Newsnight has learned. Fifty-three departing members of the House of Commons Service signed contracts compelling them not to reveal information about the Commons.’

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BBC News, 22nd June 2018

Source: www.bbc.co.uk

The EU Withdrawal Bill in the Commons: Parliament surrendering control? – Oxford Human Rights Hub

Posted June 19th, 2018 in amendments, bills, constitutional reform, EC law, news, parliament by sally

‘Last week, the EU Withdrawal Bill returned to the Commons, so MPs could scrutinise and vote on amendments made to it by the House of Lords. The Bill survived its passage in the House of Commons last year relatively intact, with only one amendment carried against the Government. Things were different, however, in the Lords, where the Government was defeated on 15 substantial amendments.’

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Oxford Human Rights Hub, 18th June 2018

Source: ohrh.law.ox.ac.uk

Carl Sargeant family say they are being excluded from inquiry – The Guardian

‘The family of Carl Sargeant have claimed they are being excluded from an inquiry into the circumstances surrounding his sacking as a Welsh minister four days before he took his own life.’

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The Guardian, 18th June 2018

Source: www.theguardian.com

Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org