Shona Wilson Stark and Raffael Fasel: Unconstitutionally Legal: How the UK Supreme Court Should Decide the Lord Advocate’s Reference – UK Constitutional Law Association

‘On 28 June 2022, the Lord Advocate referred to the UK Supreme Court (“UKSC”) the question of whether the Scottish Parliament has the power to legislate for a second independence referendum (“Indyref 2”) without an Order enabling it do so under section 30 of the Scotland Act 1998 (a “section 30 Order”). Assuming the UKSC will accept the reference, we argue that it should rule that the Scottish Parliament has no legal power to pass legislation facilitating an independence referendum without a section 30 Order. However, we propose that this does not prevent the UKSC from attempting to break the deadlock by declaring that the UK Government is acting unconstitutionally in a political sense if it does not make a section 30 Order. Of course, there is no guarantee that a section 30 Order would be issued – we consider alternative pathways to an Indyref 2, including possible invocations of constituent power, in a forthcoming article – but we argue that this would be a constitutionally proper and desirable approach for the UKSC to take.’

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UK Constitutional Law Association, 3rd October 2022

Source: ukconstitutionallaw.org

Research Briefing: The death of a monarch – House of Commons Library

Posted September 14th, 2022 in bereavement, news, parliament, royal family by tracey

‘The death of a monarch – and the accession of a new sovereign – involves the Cabinet, the Privy Council, Parliament, Buckingham Palace and the Church of England. This paper outlines the historical precedents for the events that will follow the death of Her Majesty Queen Elizabeth II.’

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House of Commons Library , 9th September 2022

Source: commonslibrary.parliament.uk

Research Briefing: Regulation of estate agents – House of Commons Library

Posted September 12th, 2022 in consultations, consumer protection, estate agents, housing, news, parliament by tracey

‘This briefing paper provides an outline of the current regulation of estate agents. It also looks at past market studies and consultations and considers in detail recent government proposals to tighten regulation.’

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House of Commons Library , 5th September 2022

Source: commonslibrary.parliament.uk

Research Briefing: Commonwealth and Human Rights Research Briefing Published Tuesday, 30 August, 2022 – House of Commons Library

‘Describes the Commonwealth’s work on human rights and the issues it seeks to address, such as the economic empowerment of women and preventing modern slavery.’

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House of Commons Library , 30th August 2022

Source: commonslibrary.parliament.uk

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

Posted September 5th, 2022 in housing, local government, 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 , 30th August 2022

Source: commonslibrary.parliament.uk

Research Briefing: E-petition debate: The removal of parental responsibility for people convicted of serious offences – House of Commons Library

Posted September 5th, 2022 in children, criminal justice, news, parental responsibility, parliament by tracey

‘Read the Government’s response and background ahead of the debate on e-petition 614893 on Monday 12 September 2022.’

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House of Commons Library , 2nd September 2022

Source: commonslibrary.parliament.uk

Research briefing: Scottish independence referendum: legal issues – House of Commons Library

Posted August 3rd, 2022 in devolution, news, parliament, referendums, Scotland by tracey

‘A briefing paper on the legal issues surrounding a Scottish independence referendum.’

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House of Commons Library, 2nd August 2022

Source: commonslibrary.parliament.uk

Research Briefing: Brexit and the UK’s Overseas Territories – House of Commons Library

Posted August 3rd, 2022 in brexit, colonies, EC law, news, parliament by tracey

‘What’s the significance of the UK’s departure from the EU for the UK’s 14 Overseas Territories, in relation to trade, funding, defence, and sovereignty?’

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House of Commons Library , 1st August 2022

Source: commonslibrary.parliament.uk

Parliament’s watchdogs – UCL Constitution Unit

Posted July 14th, 2022 in boundaries, elections, news, parliament, reports, standards by tracey

‘The Constitution Unit publishes the results of a landmark investigation into the independence and accountability of parliament’s watchdogs.’

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UCL Constitution Unit, 12th July 2022

Source: www.ucl.ac.uk

Clause Seven of the Bill of Rights Bill: Diluting Rights Protection and Undermining Parliamentary Democracy – Oxford Human Rights Hub

‘If enacted in its present form the Bill of Rights Bill would compromise judicial independence, dilute ECHR rights protection, and undermine the principle of parliamentary democracy that it purports to protect. The Bill seeks to repeal the Human Rights Act 1998 (HRA 1998) in full and replace it with legislation which, according to a Government press release, will “ensure courts cannot interpret laws in ways that were never intended by Parliament”. It also seeks to inject a “healthy dose of common sense” into courts’ protection of Convention rights.’

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Oxford Human Rights Hub, 27th June 2022

Source: ohrh.law.ox.ac.uk

Daniella Lock: Three Ways the Bill of Rights Bill Undermines UK Sovereignty – UK Constitutional Law Association

‘The Bill of Rights Bill is framed by the Government as necessary to ensure “meaningful democratic oversight” of human rights protection in the UK, with Conservative MPs keen to present the Bill as a means to restore sovereignty in the face of interfering judges – both at the level of the European Court of Human Rights (ECtHR) and UK courts. However, as this post will argue, the Bill undermines sovereignty and meaningful democratic oversight of rights protection in at least three ways not acknowledged by the Government and the Bill’s supporters. These are in the Bill’s process, presentation and procedures. That is, sovereignty is undermined by, first, the Bill’s process through Parliament, second, its presentation to Parliament by the Government, and third, via the procedures contained in the Bill that facilitate executive interference with judicial scrutiny of human rights protection. As we will see, while the Government purports to be placing parliamentary authority at the centre of UK human rights protection, in reality the executive is seeking more power to manipulate human rights law to its own advantage.’

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UK Constitutional Law Association, 27th June 2022

Source: ukconstitutionallaw.org

The end of ‘no fault’ section 21 evictions Research Briefing Published Saturday, 25 June, 2022 – House of Commons Library

Posted June 27th, 2022 in bills, housing, landlord & tenant, news, parliament, repossession by tracey

‘A Bill will be introduced in the 2022-23 parliamentary session to abolish “no-fault” section 21 evictions in the private rented sector. This paper covers the background and reactions to date.’

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House of Commons Library , 25th June 2022

Source: commonslibrary.parliament.uk

Upcoming Data Reform Bill “to give Parliament and Government greater oversight” of Information Commissioner’s Office – Local Government Lawyer

Posted June 22nd, 2022 in bills, data protection, government departments, news, ombudsmen, parliament by sally

‘The Government has set out plans to reform the Information Commissioner’s Office (ICO) that will give Parliament and the Secretary of State greater oversight of the data regulator and broaden the legal responsibility underpinning its work.’

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Local Government Lawyer, 21st June 2022

Source: www.localgovernmentlawyer.co.uk

James Bulger public inquiry to be debated by MPs – BBC News

‘A parliamentary debate on whether a public inquiry should be held into the 1993 murder of toddler James Bulger is due to take place later this year.’

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BBC News, 20th June 2022

Source: www.bbc.co.uk

How Are Laws Passed In The UK? – Each Other

Posted June 14th, 2022 in bills, legislation, news, parliament, regulations by sally

‘Laws are central to our everyday lives – they govern our freedoms and liberties, should defend our human rights and even determine what taxpayer’s money goes towards. But what is a law and how are they created in the UK?’

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Each Other, 13th June 2022

Source: eachother.org.uk

Research Briefing: Leasehold high-rise flats: Who pays for fire safety work? – House of Commons Library

‘This briefing considers debate about responsibility for paying for fire safety works on blocks of flats in the wake of the Grenfell Tower fire. It covers provisions in the Building Safety Act 2022.’

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House of Commons Library, 9th June 2022

Source: commonslibrary.parliament.uk

Jack Monroe to sue MP after he says ‘she makes fortune from the poor’ – The Guardian

Posted May 16th, 2022 in defamation, food, news, parliament, political parties by tracey

‘Jack Monroe has instructed libel lawyers after the Tory MP Lee Anderson alleged the writer and food blogger was profiteering from the poor.’

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The Guardian, 15th May 2022

Source: www.theguardian.com

Man found guilty of threatening ‘traitor’ Labour MP with noose – The Guardian

‘A man has been found guilty of threatening a Labour MP after he held a makeshift gallows with a noose outside parliament and said: “This is what we do to traitors.”’

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The Guardian, 3rd May 2022

Source: www.theguardian.com

Former Lib Dem MP and campaigner formally settles phone hacking claim – The Independent

‘Dr Evan Harris accepted “substantial damages” from NGN, publisher of the now-defunct News of the World and The Sun, to settle his claim for unlawful information gathering.’

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The Independent, 28th April 2022

Source: www.independent.co.uk

Mike Gordon: The Prime Minister, the Parties, and the Ministerial Code – UK Constitutional Law Association

‘The current Prime Minister’s long running battle with the Seven Principles of Public Life continues to gather pace. Boris Johnson’s actions relating to the pandemic “partygate” scandal have arguably violated each of the principles established by the Nolan Committee in 1995: selflessness, integrity, objectivity, accountability, openness, honesty and leadership. The Prime Minister’s full house of ethical violations concerning his attendance and subsequent denials of social gatherings held in Downing Street, contrary to lockdown restrictions, have also yielded Fixed Penalty Notices from the police for him, his Chancellor, his wife, and other government officials, with the prospect of more to follow. Yet the Prime Minister remains committed to staying in post, and has refused to resign.’

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UK Constitutional Law Association, 27th April 2022

Source: ukconstitutionallaw.org