‘Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes.’
UK Constitutional Law Association, 3rd December 2019
Source: ukconstitutionallaw.org
‘By declaring the prorogation of parliament to be unlawful, the Supreme Court made a decision with huge legal consequences.’
The Guardian, 29th November 2019
Source: www.theguardian.com
‘Former MP Harvey Proctor is to receive £500,000 in compensation from Scotland Yard over its disastrous investigation into false claims of a VIP paedophile ring.’
The Independent, 29th November 2019
Source: www.independent.co.uk
‘A hoaxer with a “hatred of women” has been jailed for five years for sending packages of white powder to female MPs, a Euro MP and local councillors.’
BBC News, 28th November 2019
Source: www.bbc.co.uk
‘In the aftermath of the Miller 2/Cherry judgment, delivered on 24 September 2019, the Supreme Court has come under attack for making a ‘political’ intervention. This had led to some calls for political supervision of judicial appointments on the basis that the Supreme Court is now a ‘political player’. In reality these arguments do not seem to have gained much traction but these criticisms, nevertheless, raise some important questions about the boundaries between law and politics in the UK.’
Counsel, November 2019
Source: www.counselmagazine.co.uk
The draft Civil Partnership (Opposite-sex Couples) Regulations 2019 (“the Regulations”) was the first item of the secondary legislation within the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 (“the Act”) to achieve the necessary approval of both Houses under the affirmative resolution procedure. It was also the last item of debated business before parliament was dissolved on 6 November. Through section 2(2) of the Act the regulations were subject to a “sunset clause” which required them to be in force by the end of December, and as such, only limited time was available for its scrutiny and approval; this left a number of items of unfinished business, and these are summarized below.
Law & Religion UK, 18th November 2019
Source: www.lawandreligionuk.com
‘A man who sent a threatening letter to the MP Anna Soubry telling her that she would be murdered like Jo Cox has been jailed.’
The Guardian, 15th November 2019
Source: www.theguardian.com
‘An assessment of the court’s performance in decision-making delivered over its first ten years; and what bearing, if any, the Article 50 and Prorogation cases have on the big picture.’
Counsel, November 2019
Source: www.counselmagazine.co.uk
‘“Purdah” is upon us. It lasts until 12 December 2019, only shortly before the Christmas/New Year break. It is as well to recall a case noted in this Bulletin on 11 May 2017, the decision of Garnham J in relation to the last General Election, on 8 June 2017, announced on 18 April 2017, and local government elections which were to take place on 4 May 2017, R (Client Earth) v SoS for Environment etc (2017) EWHC 1618 (Admin). The main point that the Judge made was that “purdah” is not a rule of law, and that it does not, and did not in that case, override obligations to comply with statutory duties.’
11 KBW, 7th November 2019
Source: www.11kbw.com
‘A landmark bill seeking to “transform” the UK’s response to the “terrible crime” of domestic abuse has fallen as Parliament prepares to dissolve ahead of the snap general election on 12 December.’
Rights Info, 1st November 2019
Source: rightsinfo.org
‘Cross-party group responds to calls by police chief Ron Hogg, who has motor neurone disease.’
The Guardian, 30th October 2019
Source: www.theguardian.com
‘The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional law, displacing constitutional review based on common law reasoning of case law and precedent to one based on some overreaching framework of constitutional principles of which the Court acts as guardian.’
UK Constitutional Law Association, 29th October 2019
Source: ukconstitutionallaw.org
‘During 2019, the Brexit process has radically changed the dynamics between the prime minister and the House of Commons. Normally the United Kingdom’s government, led by the prime minister and her Cabinet, provides leadership, and drives and implements policy while Parliament exercises control over the government by scrutinising its actions and holding it to account. This is a carefully balanced relationship, although a government with a strong majority can dominate decision making in the House of Commons.’
OUP Blog, 30th October 2019
Source: blog.oup.com
‘The European Union (Withdrawal Agreement) Bill (“WAB”) is (to put it mildly) a web of complexity.’
Monckton Chambers, 25th October 2019
Source: www.monckton.com
‘Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller (No 1)? Has it given legal enforceability to the constitutional convention of ministerial accountability? Several authors appear to suggest that is has (here, here and here). Indeed, conventions were given rather peculiar judicial treatment in Miller (No 1) not least when placed against Miller (No 2), but also due to the general unenforceability of ‘statutory conventions’ (more here). But back to the apparent elevation of the convention of ministerial accountability (CoMA) to a constitutional principle – or what I refer to as the principle-isation of the convention.’
UK Constitutional Law Association, 24th October 2019
Source: ukconstitutionallaw.org
‘The issue of unregistered religious marriages has come up once again in the House of Lords. On 23 October, Baroness Cox asked the Government:
“what progress they have made in implementing the first recommendation of The independent review into the application of sharia law in England and Wales, published in February 2018, in order to protect Muslim women in Islamic marriages which are not civilly registered.”’
Law & Religion UK, 24th October 2019
Source: www.lawandreligionuk.com
‘Scotland’s highest court is to consider whether Prime Minister Boris Johnson has fully complied with a law requiring him to ask for a Brexit delay.’
BBC News, 21st October 2019
Source: www.bbc.co.uk
‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’
UK Human Rights Blog, 16th October 2019
Source: ukhumanrightsblog.com
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