Government agrees to call pregnant ministers ‘mothers’ – The Independent

‘The government has agreed to change the wording in its new maternity leave legislation from referring to “pregnant people” to “mothers” after the phrasing was rejected by the House of Lords – despite gender-neutral language being government convention.’

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The Independent, 26th February 2021

Source: www.independent.co.uk

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Ex-MP cleared of sexual harassment after complainant’s appeal dismissed – The Guardian

‘A former MP has been cleared of sexual harassment alleged to have taken place several years ago in a House of Commons bar, in the first ruling by a new body set up to investigate potential misbehaviour by parliamentarians.’

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The Guardian, 23rd February 2021

Source: www.theguardian.com

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together? – UK Constitutional Law Association

‘There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills. At the heart of the issue is the role of the Queen and the Prince of Wales, in vetting Acts of Parliament before they are made. With that background, this paper examines the applicability of some of the coronavirus lockdown rules to Crown land. My conclusion is that the Crown has special and unjustified privileges in the both the content of legislation and the procedure for making it.’

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UK Constitutional Law Association, 15th February 2021

Source: ukconstitutionallaw.org

MPs pass ‘long overdue’ bill for ministers’ paid maternity leave – The Guardian

Posted February 12th, 2021 in bills, maternity leave, news, parliament, pregnancy by tracey

‘MPs have voted to give ministers formal paid maternity leave for the first time, hailed as an “important and long overdue change” as the government pledged to bring forward more sweeping maternity protections before the summer recess.’

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The Guardian, 11th February 2021

Source: www.theguardian.com

How the Queen lobbied for changes in the law to hide her wealth – The Guardian

Posted February 10th, 2021 in bills, constitutional law, news, parliament, podcasts, royal family by sally

‘Government memos discovered in the National Archives reveal that the Queen lobbied ministers to alter proposed legislation. The Guardian’s David Pegg follows the trail and explains its implications for a monarchy which is supposed to stay out of politics.’

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The Guardian, 10th February 2021

Source: www.theguardian.com

Queen did not block legislation, says Palace – BBC News

Posted February 8th, 2021 in bills, news, parliament, royal family by tracey

‘Claims the Queen blocked government legislation in the 1970s are “simply incorrect”, Buckingham Palace says.’

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BBC News, 8th February 2021

Source: www.bbc.co.uk

UK government use of Henry VIII clauses to be challenged in court – The Guardian

Posted February 1st, 2021 in brexit, EC law, judicial review, news, parliament, state aids, statute law revision by tracey

‘A government move to change state aid rules after Brexit without a vote in parliament is being challenged in court, with a legal campaign group warning the manoeuvre could lead to a similar lack of scrutiny in areas such as workers’ rights and environmental protections.’

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The Guardian, 1st February 2021

Source: www.theguardian.com

Ministers move to stop backbench revolt over UK courts’ role in genocide rulings – The Guardian

‘The government is seeking to fend off a backbench revolt over China by giving the foreign affairs select committee new powers to investigate whether a country is so clearly breaching human rights that the UK should not agree to a free trade deal with it.’

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The Guardian, 31st January 2021

Source: www.theguardian.com

Davor Jancic: The UK-EU Trade Deal: Five Important Implications for the UK Parliament – UK Constitutional Law Association

Posted January 22nd, 2021 in bills, brexit, constitutional law, EC law, news, parliament by sally

‘The announcement of the UK-EU Trade and Cooperation Agreement (TCA) on Christmas Eve 2020 may have come as a surprise given endless media reports about the negotiators’ intransigence and the imminent threat of a cliff edge. Add to this the Covid-19 pandemic and some ten months and just nine formal rounds of negotiations make it remarkable that any deal has been reached, let alone one that spans 1246 pages. To put this in context, only a fortnight before the deal was reached, Australia concluded its own 9th formal round of negotiations with the EU; however, this was after over two and half years of negotiations, which will continue for the foreseeable future. And while the resounding parliamentary vote in favour of implementing the TCA (521 votes in favour and 73 against) is good for the political legitimacy of the deal, the swiftness of the vote is less good in terms of democratic process and participation.’

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UK Constitutional Law Association, 20th January 2021

Source: ukconstitutionallaw.org

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Kenneth Armstrong: Governing With or Without Consent – The United Kingdom Internal Market Act 2020 – UK Constitutional Law Association

‘The United Kingdom Internal Market Act has become law, receiving Royal Assent shortly before MPs and Lords departed the Palace of Westminster for the holidays. The controversial provisions in Part 5 conflicting with the EU-UK Withdrawal Agreement and Northern Ireland Protocol – previously discussed by me here – have been removed following the outcome of a meeting of the EU-UK Joint Committee that resolved – at least for the moment – outstanding issues in the practical implementation of the Protocol.’

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UK Constitutional Law Association, 18th December 2020

Source: ukconstitutionallaw.org

New Acts – legislation.gov.uk

Posted December 17th, 2020 in boundaries, conflict of laws, elections, legislation, parliament, treaties by tracey

Parliamentary Constituencies Act 2020

Private International Law (Implementation of Agreements) Act 2020

Source: www.legislation.gov.uk

Police drop rape investigation into Tory ex-minister – The Independent

Posted December 14th, 2020 in appeals, evidence, news, parliament, police, political parties, rape, sexual offences, victims by tracey

‘Police have dropped their investigation into a Conservative MP and ex-minister who was arrested after a woman accused him of rape.’

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The Independent, 13th December 2020

Source: www.independent.co.uk

Timetable set out for judicial review and Human Rights Act reform – Law Society’s Gazette

Posted December 10th, 2020 in bills, constitutional law, human rights, judicial review, juries, news, parliament by tracey

‘The Lord Chancellor has revealed the potential timetable for unveiling anticipated judicial review and human rights reforms.’

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Law Society's Gazette, 9th December 2020

Source: www.lawgazette.co.uk

Ex-judge Sir Peter Gross to head human rights law review – BBC News

‘Former Court of Appeal judge Sir Peter Gross has been appointed to lead an independent review of the Human Rights Act.’

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BBC News, 7th December 2020

Source: www.bbc.co.uk

Alison L Young: The Draft Fixed-term Parliaments Act 2011 (Repeal) Bill: Turning Back the Clock? – UK Constitutional Law Association

‘Things were different in 2010. If schools closed and households found themselves stuck indoors, or unable to travel abroad, it was due to snowstorms and erupting Icelandic volcanoes, not because of a pandemic. Moreover, if the then Prime Minister wished to dissolve Parliament, he did not need to adhere to the requirements of the Fixed-term Parliaments Act 2011, which fixed parliamentary terms to five years, allowing for early parliamentary general elections either following a vote of two-thirds of the House of Commons in favour of an early parliamentary general election, or following a vote of no confidence. Instead, so the draft Fixed-term Parliaments Act 2011 (Repeal) Bill would have us believe, the Prime Minister could dissolve Parliament and instigate a new general election by use of a prerogative power, at a date of his choosing unchecked by the courts, subject only to ensuring Parliament did not exceed its maximum term of five years.’

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UK Constitutional Law Association, 4th December 2020

Source: ukconstitutionallaw.org

Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary

‘Lord Chief Justice press conference December 2020’

Full transcript

Courts and Tribunals Judiciary, 2nd December 2020

Source: www.judiciary.uk

Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent

Posted December 2nd, 2020 in judges, judiciary, legal profession, news, parliament, political parties, rule of law by tracey

‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk