Tom Hickman KC and Gabriel Tan: Reversing Parliamentary Defeat by Delegated Legislation: The Case of the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023 – UK Constitutional Law Association

‘In a report published on 11 May, the House of Lords Secondary Legislation Scrutiny Committee (“SLSC”) drew attention to a constitutional issue of considerable interest and novelty. The SLSC drew the attention of the House of Lords to draft regulations that, if they come into effect, will allow police in England and Wales to impose restrictions on protests and processions that cause “more than minor” hindrance to day-to-day activities for other people, including going to and fro on the highway (The Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023). The changes would also allow the police to take into account the cumulative effect of repeated protests. The changes amend sections 12 and 14 of the Public Order Act 1986 and effectively alter the meaning of the threshold criterion of causing “serious disruption to the life of the community” in respect of processions and assemblies by defining that term in a way that imposes a lower threshold than its ordinary words suggest.’

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UK Constitutional Law Association , 22nd May 2023

Source: ukconstitutionallaw.org

Research Briefing: Digital Markets, Competition and Consumers Bill 2022-23: Consumer provisions – House of Commons Library

Posted May 19th, 2023 in bills, competition, consumer protection, news, parliament by tracey

‘This briefing considers the consumer provisions of the Digital Markets, Competition and Consumers Bill [Bill 294, 2022-23]. Second reading of the Bill in the House of Commons is scheduled for 17 May 2023.’

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House of Commons Library , 17th May 2023

Source: commonslibrary.parliament.uk

Research Briefing: The regulation of letting and managing agents (England) – House of Commons Library

Posted May 17th, 2023 in estate agents, housing, landlord & tenant, news, parliament by sally

‘This paper describes the current regulatory regime in England and plans to strengthen regulation of letting and managing agents.’

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House of Commons Library, 16th May 2023

Source: commonslibrary.parliament.uk

Brexit: Government suffers defeats over Retained EU Law Bill – BBC News

Posted May 16th, 2023 in bills, brexit, EC law, news, parliament, repeals by sally

‘The government has suffered defeats in the House of Lords over plans to scrap certain EU laws by the end of the year.’

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BBC News, 15th May 2023

Source: www.bbc.co.uk

John Stanton: Law, Localism, and the Constitution: A Comparative Perspective – UK Constitutional Law Association

Posted April 27th, 2023 in constitutional law, local government, news, parliament by sally

‘Local government is an aspect of UK constitutional law that is often neglected or overlooked. Councils, though, are a vital part of our governmental order, providing the services and opportunities, and making the decisions and policies, that shape a large part of our day-to-day lives. They are also the institutions of government with which the population interact most frequently. Local government across the UK, however, is hampered by the constitutional system of which it is part. The predominance of the sovereign Parliament and the lack of any codified constitutional provision means that councils in the UK are at the mercy of the centre and that they do not enjoy any protection from easy change, manipulation or prescription. This has a profound effect on the way in which councils operate, as my new book, “Law, Localism, and the Constitution: A Comparative Perspective”, explores.’

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UK Constitutional Law Association, 27th April 2023

Source: ukconstitutionallaw.org

Research Briefing: The draft Media Bill: A reading list – House of Commons Library

Posted April 24th, 2023 in bills, media, news, parliament by tracey

‘This briefing provides a selection of reading on the draft Media Bill (March 2023).’

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House of Commons Library , 19th April 2023

Source: commonslibrary.parliament.uk

Peer found to have broken conduct rules over failure to declare interest in firm – The Independent

Posted April 21st, 2023 in codes of practice, disclosure, news, parliament by tracey

‘A peer has been found to have broken the Code of Conduct after failing to properly declare her role in a not-for-profit company.’

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The Independent, 20th April 2023

Source: www.independent.co.uk

Tarun Khaitan: A Fourth Branch of the State? On Constitutional Guarantors in the UK – UK Constitutional Law Association

‘In its Report setting the agenda for a likely Labour government after the next elections, the Brown Commission has set out an ambitious programme of constitutional reform. In a previous post, I examined its recommendation in relation to a fully elected second chamber to replace the House of Lords. In this post, I will examine its recommendations concerning bodies that comparative constitutional scholarship calls ‘fourth branch’ or guarantor institutions. The Report recommends the setting up of three new independent constitutional guarantors: an Integrity & Ethics Commission to enforce the code of ministerial conduct, an Appointments Commission for merit-only appointments to public bodies, and an Anti-Corruption Commissioner. It also recommends further empowerment of the Equality and Human Rights Commission to provide evidence on the implementation of the new proposed social rights, ‘with a remit, membership and staffing substantially altered to give it capacity to do so.’ It seeks to offer a new constitutional mandate to the UK Infrastructure Bank and rename it as the British Regional Business Investment Bank.’

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UK Constitutional Law Association, 30th March 2023

Source: ukconstitutionallaw.org

Research Briefing: Data protection: constituency casework – House of Commons Library

Posted March 23rd, 2023 in data protection, news, parliament by tracey

‘This Library Briefing gives an overview of data protection law and when Members of Parliament can share the personal information of constituents.’

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House of Commons Library , 22nd March 2023

Source: commonslibrary.parliament.uk

Research Briefing: The end of ‘no fault’ section 21 evictions – House of Commons Library

‘The Queen’s Speech 2022 committed to a Bill in the 2022-23 session to abolish ‘no-fault’ section 21 evictions in the private rented sector. This paper covers developments to date.’

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House of Commons Library, 7th March 2023

Source: commonslibrary.parliament.uk

Lord Pannick: Meet the lawyer representing Boris Johnson and Manchester City – BBC News

‘How often does a member of the House of Lords get cheered from the football terraces?’

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BBC News, 14th February 2023

Source: www.bbc.co.uk

The recognition of polyamorous marriages in England and Wales – Family Law

Posted February 13th, 2023 in benefits, immigration, Law Commission, marriage, news, parliament, pensions by tracey

‘The House of Commons Library has published a briefing paper considering when polygamous marriages might be legally recognised.’

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Family Law, 10th February 2023

Source: www.familylaw.co.uk

Jared O’Mara: ex-Labour MP found guilty of six counts of expenses fraud – The Guardian

Posted February 9th, 2023 in drug abuse, expenses, fraud, news, parliament by sally

‘The former Labour MP Jared O’Mara has been found guilty of making fraudulent expense claims to fund a “galloping” cocaine habit.’

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The Guardian, 8th February 2023

Source: www.theguardian.com

Robert Greally: The Brown Report: Political Legitimacy and the Power of the Assembly – UK Constitutional Law Association

‘The Brown Commission has recommended replacing the House of Lords with an elected Assembly of the Nations and Regions of the UK. In recent posts, the Commission’s proposals for legally empowering the Assembly to scrutinise bills and to protect the constitution have come under criticism on several grounds. First, there are concerns that the Assembly would be unable effectively to scrutinise ordinary bills, as unlike the Lords, the Assembly would lack the legal power to delay such bills. Second, the Assembly would be vested with the power to veto bills which amend existing constitutional arrangements. Yet the Commission not only fails to provide a definitive list of existing constitutional statutes that could be protected by the veto but also envisaged that in exceptional circumstances the House of Commons may still assert its primacy through a specific but currently undetermined processes. Thus, it has been argued the proposed position is not drastically different from the existing legislative process established by the Parliament Acts. Third, there is an implicit concern that the Assembly’s elected membership may hinder rather than facilitate the Assembly in scrutinising and protecting the constitution.’

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UK Constitutional Law Association, 26th January 2023

Source: ukconstitutionallaw.org

Tarun Khaitan: An Elected Second Chamber? Some Thoughts on the Brown Report – UK Constitutional Law Association

Posted January 26th, 2023 in constitutional reform, elections, news, parliament, reports by sally

‘One of the key recommendations of the Brown Commission is to replace the House of Lords with an elected second chamber called the Assembly of the Nations and Regions. The proposal has stimulated a broad debate. A key intervention in the debate was by the Speaker of the Commons, Lindsay Hoyle, who has argued against replacing the House of Lords with a second elected chamber because—he claims—doing so would threaten the supremacy of the Commons. In this post, I will draw upon my paper in defence of “moderated parliamentarism” to argue that—if done right—this might be a welcome reform that could combine the benefits of creating a system that checks executive power better, but without being prone to US-style legislative deadlocks and governmental dysfunction. I will argue that a properly designed elected second chamber could make the quality of British democracy better, especially by doing a better job of holding the executive to account and improving the quality of legislation. To the extent that the details for this reform in the Brown Report are sketchy and not exactly thought through, the objective of this blogpost is to provide a relatively more detailed proposal—if only to explain what is at stake and what kinds of questions need to be discussed and answered.’

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UK Constitutional Law Association, 25th January 2023

Source: ukconstitutionallaw.org

Sudden unexplained death in childhood debated in Parliament – BBC News

Posted January 18th, 2023 in bereavement, children, families, news, parliament by tracey

‘The issue of children dying unexpectedly and without any known cause has been debated in Parliament for the first time.’

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BBC News, 17th January 2023

Source: www.bbc.co.uk

Adam Tucker: Entrenchment, Parliamentary Sovereignty, and the Limited Radicalism of the Brown Report – UK Constitutional Law Association

‘The publication of the Report of the Commission on the UK’s Future is attracting widespread attention. The centrepiece of its constitutional content is the replacement of the House of Lords with a new second chamber with new composition and a reformed role, which would have particular responsibility for territorial aspects of the constitution (discussed here) and act as guardian of (newly) entrenched elements of the constitution –not just in the devolution context but also more widely.’

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UK Constitutional Law Association, 15th December 2022

Source: ukconstitutionallaw.org

Research Briefing: Animal Welfare (Kept Animals) Bill – House of Commons Library

Posted December 2nd, 2022 in animal cruelty, animals, bills, news, parliament by tracey

‘This briefing provides an overview of the proposed measures in the Animal Welfare (Kept Animals) Bill, along with background on the issues it aims to address.’

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House of Commons Library , 29th November 2022

Source: commonslibrary.parliament.uk

Research Briefing: Mobile (park) homes – House of Commons Library

Posted December 2nd, 2022 in government departments, housing, news, parliament by tracey

‘This paper provides an overview of the rights of residents who live year-round on mobile (park) home sites and proposals to improve protections for residents in England.’

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House of Commons Library , 1st December 2022

Source: commonslibrary.parliament.uk

Chris Himsworth: Referendum Bill Consequentials – UK Constitutional Law Association

‘At paras 56-57 of their judgment, the court in Reference by the Lord Advocate of devolution issues ([2022] UKSC 31) declared: “The central issue is whether legislation for a referendum on Scottish independence would relate to a reserved matter…. The critical question is accordingly whether the proposed Bill would relate to the Union of the Kingdoms of Scotland and England or the Parliament of the United Kingdom”.’

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UK Constitutional Law Association, 29th November 2022

Source: ukconstitutionallaw.org