Leah Trueblood: ‘Following the Science:’ a Legal and Democratic Challenge – UK Constitutional Law Association

‘During a pandemic, it seems like a good idea for politicians to “follow the science.” But what does this actually mean? The claim that the Government is “following the science” is in many respects laudable, but is it also a convenient way to avoid or limit accountability? Due to a lack of transparency, it is unclear whether and to what extent substantive decisions are being made by scientists, or if this is just a politically helpful turn of phrase. A recent Institute for Government report Decision Making in a Crisis: First Responses to the Coronavirus Pandemic potentially provides some insight into this question. The report says that when deciding whether to lockdown the country in March, the Government looked to science for “answers” for what to do, rather than as part of a range of inputs into a decision-making process. Is the Government delegating decisions for which, under statute, it is exclusively responsible? Possibly. It is necessary to consider how decision-making and accountability mechanisms for decision-makers must be modified to reflect this change in who exercises power in the United Kingdom and how. It is often argued that scientists should be “on tap but not on top.” This post asks if this “on tap not on top” relationship is possible during a pandemic, and to assess the challenges for legal and democratic accountability if it is not.’

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UK Constitutional Law Association, 21st September 2020

Source: ukconstitutionallaw.org

Coronavirus approach ‘creates risks for the rule of law’ – Law Society’s Gazette

Posted September 21st, 2020 in coronavirus, human rights, news, parliament, rule of law, select committees by sally

‘The government’s approach to the coronavirus is creating risks for the rule of law, politicians have warned in a report looking at the human rights implications of Covid-19.’

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Law Society's Gazette, 21st September 2020

Source: www.lawgazette.co.uk

Parliament surrendered role over Covid emergency laws, says Lady Hale – The Guardian

‘The former president of the supreme court says parliament “surrendered” its role over emergency laws restricting freedoms amid the coronavirus pandemic, in an intervention expected to embolden MPs threatening a Commons revolt.’

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The Guardian, 20th September 2020

Source: www.theguardian.com

Tory MP told to apologise after being found guilty of breaching lobbying rules – The Independent

Posted September 17th, 2020 in lobbying, news, parliament, standards by michael

‘A Conservative MP has been told to make an apology in the House of Commons after being found guilty of breaching lobbying rules in relation to a company which gave him £10,000.’

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The Independent, 17th September 2020

Source: www.independent.co.uk

Charlie Elphicke: Ex-MP jailed for sex assaults on women – BBC News

Posted September 15th, 2020 in assault, news, parliament, sentencing, sexual offences by tracey

‘Ex-Conservative MP Charlie Elphicke has been jailed for two years for sexually assaulting two women.’

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BBC News, 15th September 2020

Source: www.bbc.co.uk

Government announces independent review of judicial review – Law Society’s Gazette

Posted August 7th, 2020 in government departments, human rights, judicial review, news, parliament by sally

‘On 31 July 2020 the Government launched an independent review to examine whether there is a need to reform the judicial review process in the UK. The terms of reference of the review are available here. The review follows pledges in the Conservative manifesto to ensure judicial review is “not abused to conduct politics by another means or to create endless delays”. The terms of reference make it clear that the review aims to consider whether judicial review has encroached too far into the work of the executive branch of government.’

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Law Society's Gazette, 6th August 2020

Source: www.lawgazette.co.uk

New penalties proposed for rule-breaking MPs – BBC News

‘MPs could be banned from foreign trips or made to take anger management classes under a proposed revamp of Parliament’s sanctions regime.’

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BBC News, 21st July 2020

Source: www.bbc.co.uk

Lack of transparency undermining Westminster standards system, parliament’s sleaze watchdog warns – The Independent

Posted July 16th, 2020 in complaints, inquiries, news, parliament, standards by tracey

‘Parliament’s sleaze watchdog has warned that a lack of openness is undermining the Westminster standards system, as she appealed for a new right to name MPs who are under investigation.’

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The Independent, 15th July 2020

Source: www.independent.co.uk

Divorce bill reaches final stretch of parliamentary marathon – Law Society’s Gazette

Posted June 18th, 2020 in bills, divorce, news, parliament by sally

‘Proposed legislation removing fault from the divorce process could be days from receiving Royal assent as it goes through the remaining stages of its parliamentary journey today [17 June].’

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Law Society's Gazette, 17th June 2020

Source: www.lawgazette.co.uk

Lords seek to allow gene-editing in UK ‘to produce healthy, hardier crops’ – The Guardian

‘Peers are preparing plans to legalise the gene-editing of crops in England, a move that scientists say would offer the nation a chance to develop and grow hardier, more nutritious varieties. The legislation would also open the door to gene-editing of animals.’

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The Guardian, 14th June 2020

Source: www.theguardian.com

Jake Hinks: The Coronavirus Act 2020: An Example of ‘Excessive Executive Dominance’ – UK Constitutional Law Association

‘The concept of executive dominance should be split into two: natural and excessive executive dominance. Executive dominance is the executive’s power to control, impede or perform the role of another branch of the constitution. The UK constitution lacks a clear-cut distinction between the three organs of the state and has evolved to achieve a balance between the three branches. The relationship between and the responsibilities of the executive and legislature are overlapping. In this evolved constitutional setup, natural executive dominance is necessary for the executive to carry out its constitutional role and the UK’s constitution to operate efficiently. Natural dominance is a consequence of the working of the UK constitution.’

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UK Constitutional Law Association, 9th June 2020

Source: ukconstitutionallaw.org

Yuan Yi Zhu: The Supreme Court: Options for Change – UK Constitutional Law Association

Posted June 8th, 2020 in constitutional law, news, parliament, Privy Council, Supreme Court by sally

‘Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the Government’s constitutional reform plans, and it remains possible that these never reach fruition, especially in the face of concerted political opposition. Nevertheless, given the government’s considerable parliamentary majority and the high priority given to constitutional reform at the political level, it seems that the Supreme Court’s days might indeed be numbered. Hence, it is worth considering, without offering an opinion on the desirability of reforming the Supreme Court, some possible options for change.’

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UK Constitutional Law Association, 8th June 2020

Source: ukconstitutionallaw.org

The end of remote voting in Parliament: a backwards move? – Cloisters

‘On 21 April, the House of Commons passed a motion approving the introduction of “hybrid proceedings” to minimise the need for physical attendance in Parliament during the coronavirus lockdown. Since then, electronic voting has been facilitated to allow MPs to participate remotely in parliamentary votes (“divisions”). MPs cast their first remote vote on 12 May. However, the provision for remote voting has now lapsed. On 2 June, MPs are being asked to approve a motion which would make it mandatory for them to attend Parliament in order to participate in divisions. The proposal has caused consternation for MPs who are particularly vulnerable to coronavirus, or who live with vulnerable family members, as well as adverse comment from the Equality and Human Rights Commission.’

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Cloisters, 2nd June 2020

Source: www.cloisters.com

Speaker warns he will suspend Commons if distancing rules broken – The Guardian

Posted May 14th, 2020 in coronavirus, health & safety, news, parliament by sally

‘The Speaker of the House of Commons has said he will suspend parliament if physical distancing rules are breached in the Commons chamber – in effect ending government hopes that MPs can return to business as usual.’

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The Guardian, 13th May 2020

Source: www.theguardian.com

Nyasha Weinberg: Parliament must legislate on the government’s plans for contact tracing apps – UK Constitutional Law Association

‘ Today the Joint Committee on Human Rights will take evidence from the Information Commissioner, academics and the CEO of NHSX on the risks to the right to privacy (Article 8 ECHR) if a contact tracing app is introduced to track and slow the spread of the coronavirus. This is helpful scrutiny of the government’s plans. Yet if the government goes ahead with its proposed contact-tracing application it is essential that the processing of large amounts of personal data by the state, even if done in the public interest, needs a clear legal basis in the form of specific legislation.’

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UK Constitutional Law Association, 4th May 2020

Source: ukconstitutionallaw.org

Alexander Latham-Gambi: What is Parliament doing when it legislates? Legislative Intention and Parliamentary Sovereignty in Privacy International – UK Constitutional Law Association

‘In this post I argue, with reference to Privacy International, that the nature of legislation as a speech act entails that the tension between parliamentary sovereignty and the rule of law is not as profound as is often thought.’

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UK Constitutional Law Association, 20th April 2020

Source: ukconstitutionallaw.org

Tom Hickman: Eight ways to reinforce and revise the lockdown law – UK Constitutional Law Association

‘The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 and the counterpart regulations in Wales, Northern Ireland and Scotland, impose the most drastic restrictions on liberty ever seen in the United Kingdom. On 16 April 2020 they reach their first review point and it is a clear that they will be continued, probably initially for a further period of three weeks and thereafter quite likely for a much longer period either in their current form or in modified form.’

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UK Constitutional Law Association, 16th April 2020

Source: ukconstitutionallaw.org

Krishan Nadesan: Can Parliament replace the House of Lords? – UK Constitutional Law Association

Posted April 9th, 2020 in constitutional law, news, parliament by sally

‘Parliament can do anything – except replace the House of Lords? For over a century, replacing the House of Lords has brooked no delay. Now, at last, the Government seems tempted to dam the brook, by substituting an elected Senate for the old Second Chamber. At first glance, this is constitutionally straightforward. Whatever Parliament enacts is law – so surely an Act of Parliament can lawfully replace the House of Lords? But such an Act may be open to challenge.’

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UK Constitutional Law Association, 9th April 2020

Source: ukconstitutionallaw.org

Why did government not use the Civil Contingencies Act? – Law Society’s Gazette

‘The Civil Contingencies Act 2004 (‘CCA’) represents a legal landmark. It updated and consolidated laws which enabled public authorities to prepare for, and respond effectively to, emergencies, replacing the Emergency Powers Act 1920 with a more comprehensive and consensual design. While it was motivated by domestic and global crises, it was not enacted in haste but benefited from a prolonged consultation period led by a special parliamentary joint committee. The final draft systematically furnished the executive with all conceivable powers, yet contained vital legal and parliamentary oversight to avert disproportionate action. The CCA addressed the widest range of possible eventualities: terrorist attacks, protests, environmental events – and human and animal disease pandemics. In other words, there already existed legislation designed to tackle the circumstances of coronavirus which indubitably qualifies as an emergency. Yet, rather than utilise this framework, the government has resorted to fresh legislation in the Coronavirus Act 2020. Why?’

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Law Society's Gazette, 2nd April 2020

Source: www.lawgazette.co.uk

Theodore Konstadinides and Lee Marsons: Covid-19 and its impact on the constitutional relationship between Government and Parliament. – UK Constitutional Law Association

‘The Coronavirus Act 2020, the UK’s most substantial legislative response to the Covid-19 pandemic, received Royal Assent yesterday after a fast-tracked procedure through both Houses. Indisputably, the pandemic falls within the range of situations under which it is constitutionally acceptable for Bills to be fast-tracked. While there is no corollary between an expedited piece of legislation and a bad piece of legislation, fast-tracking the Coronavirus Bill carries important implications for the constitutional relationship between Government and Parliament. Not least, parliamentarians had limited time to scrutinise legislation containing measures that have been described by the Bingham Centre for the Rule of Law as ‘the most sweeping powers ever taken by the UK Government outside of wartime’. But, in this context, the implications for the balance between Government and Parliament extend beyond the immediate passage of the Act. Therefore, while Tierney and King stressed the dilemma between safeguarding public health and the protection of individual liberties vis-a-vis fast-tracked legislation, the purpose of this post is to outline a number of concerns provoked by this pandemic on the Government-Parliament relationship more broadly, while also making some comments on the Act itself.’

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UK Constitutional Law Association, 26th March 2020

Source: ukconstitutionallaw.org