What is the Post Office Horizon bill and why is it controversial? – The Guardian

‘The Post Office (Horizon system) offences bill, published on Wednesday, will quash the convictions of people resulting from the scandal, which involved hundreds being wrongly prosecuted on the basis of a faulty IT system. Here the Guardian explains the thinking behind the bill and why it is controversial.’

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The Guardian, 13th March 2024

Source: www.theguardian.com

Rwanda bill: House of Lords inflicts further defeats on government plan – BBC News

Posted March 7th, 2024 in asylum, bills, deportation, immigration, news, parliament, Rwanda by sally

‘The government has suffered five further defeats in the House of Lords over its Rwanda bill.’

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BBC News, 6th March 2024

Source: www.bbc.co.uk

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis – UK Constitutional Law Association

Posted February 20th, 2024 in constitutional law, judicial review, judiciary, news, parliament, Supreme Court by tracey

‘In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a Government and Parliament increasingly willing to act with disregard for cardinal constitutional principles such as the rule of law and with certain judges’ growing outspokenness about their intention to resist further attacks on the country’s constitutional fundamentals, determining whether we are indeed in a constitutional crisis has gained great urgency. For if we are already in a crisis, then it may be necessary to take action to prevent the situation from spiralling out of control.’

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UK Constitutional Law Association, 20th February 2024

Source: ukconstitutionallaw.org

Man who commented online “Britain needs 650 Thomas Mairs” sentenced for posting extremist content – Crown Prosecution Service

‘A far-right extremist who posted offensive content on social media and glorified the murderer of Jo Cox MP has been jailed for two years and eight months.’

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Crown Prosecution Service, 9th February 2024

Source: www.cps.gov.uk

Even many critics of the Rwanda deportation policy are missing the point of why it’s wrong – EIN Blog

‘The UK government’s proposals to send asylum seekers arriving to the UK onto Rwanda continue to spark intense opposition.’

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EIN Blog, 6th February 2024

Source: www.ein.org.uk

Current Affairs Digest: Law – House of Lords Library

‘Sentences of imprisonment for public protection (IPPs) were abolished in 2012. However, this abolition did not apply retrospectively to prisoners already serving IPPs. Recent prison population data on IPPs has shown over 1,200 prisoners have never been released. This briefing examines concerns raised by campaign groups, professional bodies and international partners about the impact of IPPs on prisoners’ release prospects and mental health.’

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House of Lords Library, 6th February 2024

Source: lordslibrary.parliament.uk

Popular Conservatives: Rees-Mogg attacks Lady Hale and calls for neutering of Supreme Court – Law Society’s Gazette

‘Baroness Hale revealed her “true colours” by voting against the Rwanda Bill, according to former leader of the Commons Jacob-Rees-Mogg, who yesterday called for the “politicised” Supreme Court to be emasculated.’

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Law Society's Gazette, 7th February 2024

Source: www.lawgazette.co.uk

Research Briefing: Football governance – time for change? – House of Commons Library

Posted February 7th, 2024 in company directors, news, parliament, sport by tracey

‘This Briefing looks at plans to legislate for an independent regulator for English football.’

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House of Commons Library , 6th February 2024

Source: commonslibrary.parliament.uk

Aradhya Sethia: Constitutional Accountability, Intra-party Processes, and Tortoise Media – UK Constitutional Law Association

Posted January 31st, 2024 in constitutional law, news, parliament, political parties by tracey

‘It is difficult to provide a satisfying account of constitutional accountability in the UK without considering the internal processes of major political parties (especially the governing party and the largest opposition party). Yet, intra-party processes often do not receive the attention of constitutional scholars. Therefore, in this blog, I will discuss the constitutional importance and the legal treatment of intra-party processes. I will start with the constitutional significance of certain intra-party processes. Subsequently, I will discuss the consequences of the existing private law status of parties. I will then comment on the amenability of intra-party processes to judicial review in light of a recent judgment delivered by Fordham J in R (Tortoise Media) v Conservative Party [2023] EWHC 3088 (Admin) (“Tortoise Media”). The blog concludes with a caution against a blanket rejection of judicial review of intra-party processes.’

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UK Constitutional Law Association, 31st January 2024

Source: ukconstitutionallaw.org

Jeff King: The House of Lords, Constitutional Propriety, and the Safety of Rwanda Bill – UK Constitutional Law Association

‘The Safety of Rwanda (Asylum and Immigration) Bill will receive its second reading in the House of Lords on 29 January 2024, having cleared the House of Commons unamended. There are a great many problems with the Rwanda Bill, any of which might weigh with the Lords, but this blog post focuses on just one: the likelihood that, if enacted, the Bill may well trigger a constitutional crisis between the courts and Parliament. It would be a crisis that is likely to endure beyond the life of the policy embodied in the Bill. I argue here that one of the roles of the House of Lords is to act as a constitutional safeguard, a steam-valve, and, in exercise of this function under the rare circumstances that attend this Bill, it would be legitimate for the Lords to not only make and insist upon far-reaching changes to the Bill, but even to refuse to pass it altogether. This post is not concerned with the realpolitik of whether peers would in fact vote the Bill down – though I come to the point in the conclusion. It rather seeks to refute the constitutional argument that it would be illegitimate to block or make potent amendments to it.’

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UK Constitutional Law Association, 26th January 2024

Source: ukconstitutionallaw.org

Robert Craig: The constitutional implications of legislating to exonerate the Post Office sub-postmasters – UK Constitutional Law Association

‘Some commentators have claimed that the decision to expedite the process of formally exonerating the sub-postmasters potentially runs afoul of certain core constitutional principles, in particular the separation of powers. It has also been claimed that the “crown does not have a prerogative of justice but only a prerogative of mercy”. This blog considers and challenges those claims.’

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UK Constitutional Law Association, 16th January 2024

Source: ukconstitutionallaw.org

Rishi Sunak’s Rwanda bill is step towards totalitarianism, top lawyer in the Lords warns – The Independent

‘A leading lawyer who sits in the Lords has warned that Rishi Sunak’s Rwanda bill is “a step toward totalitarianism”.’

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The Independent, 18th January 2024

Source: www.independent.co.uk

Legislating fiction – EIN Blog

‘Members of Parliament in the UK will on 16 and 17 January 2024 debate the Safety of Rwanda (Asylum and Immigration) Bill, which “gives effect to the judgement of Parliament that the Republic of Rwanda is a safe country” for asylum-seekers. The Supreme Court unanimously ruled in November 2023 that Rwanda was manifestly not safe as asylum seekers sent to the country would face a real risk of ill-treatment due to insufficient guarantees against refoulement. The Bill thus aims to use law to determine a factual situation for as long as the law is in force. This blog discusses the risks inherent in creating such a “legal fiction” and how the Bill could be revised to mitigate this risk, before assessing the chances of it becoming law in the currently turbulent political context.’

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EIN Blog, 16th January 2024

Source: www.ein.org.uk

Sanjit Nagi: The Stranglehold of New Labour and Lord Irvine’s Rights-based Constitution – UK Constitutional Law Association

‘Last year’s Supreme Court decision in R (AAA) v Home Secretary – which found the British government’s Rwanda policy to be unlawful – has reignited broader debates about the position of a government which commands a majority in Parliament vis a vis the judiciary, the separation of powers, the extent to which legislating against judicial decisions is constitutionally proper or compatible with the rule of law, and the appropriateness of disapplying sections of the Human Rights Act 1998 (HRA 1998). This post does not restate or reengage with such topics; substantive attention has already been given by Tom Hickman KC, Professor Mark Elliott, Adam Tucker, Professor Sarah Singer, and Richard Ekins KC et al. Neither does it take a position on the feasibility or desirability of any specific government policy, the continued operation of HRA 1998, or membership of the European Convention on Human Rights (ECHR).

Instead, this post will argue that the backlash to and disapproval of the British government’s response to R (AAA) – the introduction of the Safety of Rwanda Bill, which, amongst other measures, allows Parliament to diverge from the Supreme Court’s judgment – neatly evidences the intended effect of New Labour and Lord Derry Irvine’s HRA 1998 system and judicial reforms.’

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UK Constitutional Law Association, 15th January 2024

Source: ukconstitutionallaw.org

Research Briefing – Trade unions and industrial relations – House of Commons Library

Posted January 8th, 2024 in employment, industrial action, news, parliament, trade unions by tracey

‘This briefing covers the rules governing trade unions, the rights of union members, collective bargaining, strikes and other industrial action”

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House of Commons Library, 5th January 2024

Source: commonslibrary.parliament.uk

Sammy Talalay: The Lord Chancellor, the independence of the judiciary and the rule of law – UK Constitutional Law Association

‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’

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UK Constitutional Law Association, 19th December 2023

Source: ukconstitutionallaw.org

MPs arrested for violent or sexual offences ‘face ban from Westminster’ – The Guardian

Posted December 15th, 2023 in delay, employment, news, parliament, sexual offences, violence by tracey

‘Trade unions have welcomed the publication of new proposals by parliamentary authorities for the exclusion of MPs who are arrested for a violent or sexual offences.’

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The Guardian, 14th December 2023

Source: www.theguardian.com

Veterans demand Commons debate on review into past armed forces gay ban – BBC News

‘The government has dropped a key commitment to veterans who were sacked or forced out of the military for being gay, sources have told the BBC.’

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BBC News, 11th December 2023

Source: www.bbc.co.uk

James Milton: Rule of Law, Political Accountability and the Importance of Culture – UK Constitutional Law Association

Posted November 30th, 2023 in news, parliament, political parties, rule of law, standards by sally

‘Political accountability plays a key role in the operation of the rule of law. This is the main claim I seek to defend through this blog post. My framework here is that the rule of law is just as concerned about the ethos of public officials as it is their actions. Political accountability acts as a mechanism through which the ethos behind public officials actions and decision-making can be monitored. As a result, political accountability plays a crucial part in the operation of the rule of law.’

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UK Constitutional Law Association, 30th November 2023

Source: ukconstitutionallaw.org

High court challenge to ‘constitutionally unprecedented’ UK anti-protest law – The Guardian

‘A new law making it easier for the police to put conditions on peaceful protests is “constitutionally unprecedented” and unlawful, according to a claim filed at the high court in London.’

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The Guardian, 29th November 2023

Source: www.theguardian.com