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.’
BBC News, 7th December 2020
Source: www.bbc.co.uk
Category: parliament
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.’
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’
Courts and Tribunals Judiciary, 2nd December 2020
Source: www.judiciary.uk
Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent
‘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”.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
The government and the judges – Counsel
‘Zealots bent on upsetting the constitutional applecart or the only friends we have? And what is the alternative? Thomas Grant QC takes a look at the Independent Review of Administrative Law, its context and the charges against the senior judiciary.’
Counsel, November 2020
Source: www.counselmagazine.co.uk
Was Lockdown Lawful? Thoughts of a former Supreme Court Judge. – 33 Bedford Row
‘Lord Sumption has this evening [27 October] in his lecture entitled “Government by decree – Covid-19 and the Constitution” issued a scathing indictment not only of the political motivations and processes behind lockdown measures, but also the underlying legality of the measures, and their impact upon the long term health of our parliamentary democracy.’
33 Bedford Row, 27th October 2020
Source: www.33bedfordrow.co.uk
Ep 129: Brexit and the Flaws of Delegated Legislation – Law Pod UK
‘In Episode 129, Emma-Louise Fenelon speaks to Lord Anderson of Ipswich QC, Alexandra Sinclair and Joe Tomlinson about the new Public Law Project report: Plus ca change? Brexit and the flaws of the delegated legislation system, for a fascinating discussion about parliamentary goings-on in a time of Brexit.’
Law Pod UK, 4th November 2020
Source: audioboom.com
Parliament could get legal powers to summon witnesses, MP says – The Guardian
‘Parliament could soon be given legal powers to summon reluctant witnesses such as Dominic Cummings and Rupert Murdoch to answer questions from MPs, according to the chair of a Commons committee.’
The Guardian, 28th October 2020
Source: www.theguardian.com
Covid measures will be seen as ‘monument of collective hysteria and folly’ says ex-judge – The Guardian
‘The government has deliberately stoked fear over coronavirus while behaving like an authoritarian regime relying on police state tactics, according to the former supreme court justice Jonathan Sumption.’
The Guardian, 27th October 2020
Source: www.theguardian.com
Free School Meals and Governmental Responsibility — Dr Kirsteen Shields – UK Human Rights Blog
‘Questions around government responsibility for food systems, churning away during the Brexit debates, long ignored, sometimes derided, are meeting stark realities in the coronavirus pandemic. This week we are back to free school meals (FSM).’
UK Human Rights Blog, 22nd October 2020
Source: ukhumanrightsblog.com
UK needs judges to limit government power, says Lord Kerr – The Guardian
‘The last thing the country needs is a government in which ministers exercise “unbridled power”, the UK’s longest serving supreme court justice has said.’
The Guardian, 19th October 2020
Source: www.theguardian.com
Nicholas Reed Langen: Is the Supreme Court more interventionist? – UK Constitutional Law Association
‘The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed her in the Hollywood biopic, On the Basis of Sex, the antihero Deadpool considered drafting her for the X-Force, a team of superhero mutants, in Deadpool 2, and even Lego got in on the act, creating a mini-figure of her after the release of The Lego Movie 2.’
UK Constitutional Law Association, 14th October 2020
Source: ukconstitutionallaw.org
Report from Public Law Project warns of serious deficiencies in UK law making with huge rise in statutory instruments – Local Government Lawyer
‘The UK’s withdrawal from the EU has led to a “tsunami” of delegated legislation in the form of statutory instruments (SIs), according to a report by the Public Law Project.’
Local Government Lawyer, 13th October 2020
Source: www.localgovernmentlawyer.co.uk
Brexit strategy risks UK ‘dictatorship’, says ex-president of supreme court – The Guardian
‘Lord Neuberger condemns internal market bill for exempting some of its powers from legal challenge.’
The Guardian, 7th October 2020
Source: www.theguardian.com
Boris Johnson undermining courts to consolidate power, retired Supreme Court judge warns – The Independent
‘A former Supreme Court judge has accused Boris Johnson of trying to undermine the courts and legal system in a bid to solidify government power and push through his programme. Lord Sumption, who retired from the court in 2018, told at parliamentary select committee that the government was intent on “doing down the courts as potential sources of impediments for the government’s programme”.’
The Independent, 6th October 2020
Source: www.independent.co.uk
Why Coronavirus Curbs On Our Liberty Need Better Scrutiny – Each Other
‘In recent months there have been growing media reports of anti-lockdown protests, supported by conspiracy theorists, in which demonstrators have made bizarre and outlandish claims. The conspiracies – unsupported by scientific evidence – are often couched in terms of “civil liberties” and “freedoms”.’
Each Other, 25th September 2020
Source: eachother.org.uk
Ronan Cormacain: The United Kingdom Internal Market Bill and Breach of Domestic Law – UK Constitutional Law Association
‘Huge controversy has already been generated over provisions in the United Kingdom Internal Market Bill granting Ministers the power to disapply the Withdrawal Agreement. Most of the debate (Elliott, Armstrong) has been focused on the potential breaches of international law. This could severely damage the reputation of the United Kingdom in the world. However, what has been relatively overlooked is that this Bill is also a flagrant attack on the Rule of Law at the UK domestic level. This remains the case even if amendments proposed by Sir Bob Neill MP (and apparently accepted by the Government) pass.’
UK Constitutional Law Association, 23rd September 2020
Source: ukconstitutionallaw.org
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.’
UK Constitutional Law Association, 21st September 2020
Source: ukconstitutionallaw.org
Coronavirus approach ‘creates risks for the rule of law’ – Law Society’s Gazette
‘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.’
Law Society's Gazette, 21st September 2020
Source: www.lawgazette.co.uk
