Brexit may cost MPs and peers the power to pass laws, says former judge – The Guardian

‘The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.’

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The Guardian, 3rd May 2017

Source: www.guardian.co.uk

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Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis – UK Constitutional Law Association

Posted May 2nd, 2017 in constitutional law, news, parliament, treaties by sally

‘The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court:

“If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own polity is secure. If the executive must always seek the sanction of Parliament in the event that a proposed action on the international plane will require domestic implementation, parliamentary sovereignty is reinforced at the very point at which the legislative power is engaged (para 5.20).”‘

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UK Constitutional Law Association, 28th April 2017

Source: www.ukconstitutionallaw.org

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Police and courts fail cyclists over road safety, says cross-party inquiry – The Guardian

‘Policing and the justice system are too often failing cyclists, making the roads too dangerous for people to ride on them, and then not properly prosecuting or banning motorists who commit offences, a cross-party group of MPs and peers has warned.’

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The Guardian, 2nd May 2017

Source: www.guardian.co.uk

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Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

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UK Constitutional Law Association, April 2017

Source: www.ukconstitutionallaw.org

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High court orders UK government to explain clean air plan delay – The Guardian

‘The government has been ordered back to the high court to explain its last-minute bid to delay publication of the UK’s clean air plan.’

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The Guardian, 25th April 2017

Source: www.guardian.co.uk

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Baroness Shields’ speech at the National Security Agency – Home Offcie

Posted April 24th, 2017 in intelligence services, internet, news, parliament, sex discrimination, women by tracey

‘Delivered to the fifth Annual Intelligence Community (IC) Women’s Summit.’

Full speech

Home Office, 21st April 2017

Source: www.gov.uk/home-office

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Prisons and Courts Bill scrapped – Law Society’s Gazette

Posted April 21st, 2017 in bills, news, parliament, personal injuries, prisons by tracey

‘Legislation that would radically change the personal injury market and overhaul the courts has been dropped in the runup to the general election.’

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Law Society’s Gazette, 20th April 2017

Source: www.lawgazette.co.uk

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Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

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UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

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Gina Miller to launch tactical voting initiative against hard Brexit – The Guardian

Posted April 20th, 2017 in EC law, elections, news, parliament, political parties, treaties by sally

‘Gina Miller, the pro-EU campaigner behind a successful court challenge over article 50, is planning to launch a tactical voting initiative to support election candidates opposed to hard Brexit.’

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The Guardian, 19th April 2017

Source: www.guardian.co.uk

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What is the Fixed-term Parliaments Act? – The Guardian

Posted April 18th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Coalition agreement introduced five-year parliaments but act allows for early elections if two-thirds of MPs vote in favour.’

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The Guardian, 18th April 2017

Source: www.guardian.co.uk

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Terminally ill former lecturer wins right to fight assisted dying ban – The Guardian

‘A terminally ill former lecturer has won the right to challenge the legal ban on assisted dying in the hope that he can end his life at home surrounded by his family.

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

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Man jailed for four months over Facebook threat to kill MP – The Guardian

‘A factory worker has been jailed for four months for posting on Facebook a “sinister and menacing” threat to stab a Conservative MP to death.’

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The Guardian, 12th April 2017

Source: www.guardian.co.uk

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Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

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UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

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The government’s ‘English votes for English laws’ review: an assessment – UCL Constitution Unit

Posted April 7th, 2017 in constitutional law, devolution, news, parliament, reports, veto by tracey

‘Last Thursday the government published its technical review of the operation of the “English votes for English laws” (EVEL) procedures in the House of Commons. The review concluded against making “any substantive changes”. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.’

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UCL Constitution Unit, 5th April 2017

Source: www.ucl.ac.uk/constitution-unit

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Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

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UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

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Alexander Horne: Select Committee Powers of Enforcement – UK Constitutional Law Association

‘On 7 March 2017, the House of Commons Committee of Privileges announced a new inquiry into the exercise and enforcement of the powers of the House in relation to select committees and contempts of Parliament.’

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UK Constitutional Law Association, 23rd March 2017

Source: www.ukconstitutionallaw.org

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MPs slam funding crisis and ‘postcode lottery’ of children’s services – The Guardian

Posted March 21st, 2017 in children, local government, news, parliament, reports, social services by tracey

‘Children’s social services are being engulfed by a funding crisis in which nine out of 10 local authorities are struggling to meet their legal duties and families face a postcode lottery, a damning report has concluded.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

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Dozens of crimes against MPs reported – BBC News

‘A police team created to handle crimes against MPs has dealt with 53 complaints since the murder of Jo Cox.’

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BBC News, 19th March 2017

Source: www.bbc.co.uk

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Theresa May faces new challenge from House of Lords over Brexit – The Independent

Posted March 17th, 2017 in EC law, news, parliament, referendums by tracey

‘Labour Lords have launched a new drive to secure greater influence over Theresa May’s Brexit and secure the rights of EU citizens in the UK.’

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The Independent, 16th March 2017

Source: www.independent.co.uk

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MPs set to debate changing Britain’s voting system to proportional representation – The Independent

Posted March 16th, 2017 in constitutional reform, elections, news, parliament by tracey

‘MPs are set to debate scrapping Britain’s “First Past the Post” voting system and switching to a form of proportional representation.’

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The Independent, 15th March 2017

Source: www.independent.co.uk

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