Category: parliament

Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

Posted March 10th, 2017 in bills, brexit, constitutional law, EC law, news, parliament, referendums, statutory interpretation, treaties by sally

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

Full story

UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers – UK Constitutional Law Association

Posted March 9th, 2017 in bills, constitutional law, constitutional reform, legislation, news, parliament, repeals, reports by sally

‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’

Full story

UK Constitutional Law Association, 7th March 2017

Source: www.ukconstitutionallaw.org

Assisted Dying: Lords Debate – Law & Religion UK

Posted March 9th, 2017 in assisted suicide, bills, euthanasia, news, parliament by sally

‘On 6 March 2017, the House of Lords held a short debate on assisted dying. Baroness Jay of Paddington asked Her Majesty’s Government what assessment they had made of recent legislation on assisted dying in North America; and whether those laws provide an appropriate basis for legislation in England and Wales.’

Full story

Law & Religion UK, 9th March 2017

Source: www.lawandreligionuk.com

Brexit: Government suffers second defeat in Lords – BBC News

Posted March 8th, 2017 in amendments, bills, brexit, EC law, news, parliament, referendums, treaties, veto by tracey

‘The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a “meaningful” parliamentary vote on the final terms of withdrawal.’

Full story

BBC News, 7th March 2017

Source: www.bbc.co.uk

Government faces Lords defeat over registration of student voters – The Guardian

Posted March 6th, 2017 in amendments, bills, electoral register, news, parliament, universities by sally

‘The government is facing another defeat in the Lords over student voter registration a day before crucial Brexit legislation returns to the upper chamber.’

Full story

The Guardian, 6th March 2017

Source: www.guardian.co.uk

Ministers urged to protect rights of EU citizens in UK – BBC News

Posted March 6th, 2017 in EC law, freedom of movement, human rights, news, parliament, treaties by sally

‘The UK should make a unilateral decision to safeguard the rights of EU nationals living in the UK, according to a cross-party group of MPs.’

Full story

BBC News, 5th March 2017

Source: www.bbc.co.uk

House of Lords drops tough new rule to kick out members who misbehave after opposition from peers – Daily Telegraph

Posted March 3rd, 2017 in disciplinary procedures, news, parliament, peerages & dignities by tracey

‘Tough new rules to kick misbehaving peers out of the House of Lords have been dropped because of opposition from members of the un-elected second chamber.’

Full story

Daily Telegraph, 2nd March 2017

Source: www.telegraph.co.uk

What happens now peers have voted to amend the Brexit Bill? – Daily Telegraph

Posted March 2nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘Peers in the House of Lords have voted to amend European Union (Notification of Withdrawal) Bill, which if passed by Parliament will allow the UK to start formal talks about leaving the EU.’

Full story

Daily Telegraph, 1st March 2017

Source: www.telegraph.co.uk

Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts – UK Constitutional Law Association

Posted February 24th, 2017 in brexit, devolution, EC law, news, parliament, referendums, veto by sally

‘Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States will have veto powers over the terms of Brexit. This gives them ample opportunities to influence the course of negotiations. Unless the wishes of all of these parliamentary bodies are accommodated, it will be a rather ‘hard’ Brexit indeed. This commentary examines the role of parliaments in the UK’s yet-to-be-triggered exit from the EU.’

Full story

UK Constitutional Law Association, 23rd February 2017

Source: www.ukconstitutionallaw.org

Short Cuts – Stephen Sedley – London Review of Books

Posted February 23rd, 2017 in constitutional history, EC law, news, parliament, royal prerogative, treaties by sally

‘When the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at the bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required. Nevertheless the Supreme Court sat in full, all 11 members, to hear what even the sober Constitution Unit was calling the case of the century. Well, the appeal failed, and by a decisive margin of eight votes to three. But the margin conceals what was jurisprudentially a closer-run thing than the numbers suggest.’

Full story

London Review of Books, 2nd March 2017

Source: www.lrb.co.uk

Miller and the modern British Constitution – Counsel

Posted February 22nd, 2017 in constitutional law, devolution issues, EC law, judgments, legislation, news, parliament, prerogative powers, Supreme Court, treaties by sally

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

Full story

UK Constitutional Law Association, 21st February 2017

Source: www.ukconstitutionallaw.org

Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

Full story

The Independent, 22nd February 2017

Source: www.independent.co.uk

What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

Full story

UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

Lords’ opposition leader says peers will not seek to delay article 50 – The Guardian

Posted February 20th, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘Opposition peers will not seek to wreck the government’s timetable for triggering article 50 when the Brexit bill comes before them on Monday, Labour’s leader in the House of Lords has said.’

Full story

The Guardian, 20th February 2017

Source: www.guardian.co.uk

What Is the Joint Committee On Human Rights And What Does It Do? – RightsInfo

Posted February 20th, 2017 in human rights, legislation, news, parliament, select committees by sally

‘The Joint Committee on Human Rights (JCHR) plays an important role in ensuring that human rights are protected in the UK. Its job includes checking that new laws proposed by the Government are compatible with human rights.’

Full story

RightsInfo, 5th February 2017

Source: www.rightsinfo.org

Can the article 50 bill be substantially altered or delayed by the House of Lords? – The Guardian

Posted February 20th, 2017 in amendments, bills, brexit, EC law, news, parliament, treaties by sally

‘The bill to trigger Brexit moves to the Lords next week, and a flurry of new amendments will be introduced. This could lead to the bill ping-ponging between the two Houses, and a high-stakes battle of wills.’

Full story

The Guardian, 17th February 2017

Source: www.guardian.co.uk

Government rebuffs latest calls for no-fault divorce – Law Society’s Gazette

Posted February 17th, 2017 in divorce, news, parliament by sally

‘Widespread calls to reform divorce laws appear to be falling on deaf ears after the government confirmed it has no current plans to change existing legislation.’

Full story

Law Society’s Gazette, 15th February 2017

Source: www.lawgazette.co.uk

Supreme Court president warns judges vetted by MPs would be picked for ‘political and religious beliefs’ – The Independent

Posted February 16th, 2017 in judges, judiciary, news, parliament by sally

‘The president of the Supreme Court has warned that its judges will end up being picked for their political or religious views if they are vetted by MPs before appointment.’

Full story

The Independent, 16th February 2017

Source: www.independent.co.uk

Politicians too slow to defend judges after Brexit case, says supreme court president – The Guardian

Posted February 16th, 2017 in judges, judiciary, media, news, parliament, treaties by sally

‘Britain’s top judge has spoken out about media attacks on the judiciary and the failure of politicians to stand up for judges after the Brexit court challenge.’

Full story

The Guardian, 16th February 2017

Source: www.guardian.co.uk