parliament – Page 32 – Current Awareness

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

Posted July 12th, 2016 in brexit, constitutional law, constitutional reform, EC law, illegality, news, parliament, referendums, royal prerogative, treaties by sally

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

‘Should Vote Leave be prosecuted over its referendum propaganda?’ – Church Court Chambers

Posted July 11th, 2016 in misfeasance in public office, news, parliament, parliamentary privilege, prosecutions, referendums by sally

‘On 23 June 2016 over 33 million people voted in the EU referendum. Since that date there has been widespread anger from those who believe that the organisation ‘Vote Leave’ misled members of the public. Vote Leave is said to have done so by promoting two claims. First, that the UK sends £350 million to the European Union every week and this money would be spent on the National Health Service if the UK voted to leave the European Union. Second, that remaining in the European Union would lead to unrestricted immigration.’

Church Court Chambers, 7th July 2016

Source: www.churchcourtchambers.co.uk

Robert Craig: Triggering Article 50 Does not Require Fresh Legislation – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, ministers' powers and duties, news, parliament, prerogative powers, treaties by sally

‘Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative from the Crown with no further parliamentary involvement necessary and those who argue that fresh legislation is required to confer statutory authorisation on the Executive to do something which could render nugatory rights under the European Communities Act 1972 (‘ECA’). An ingenious third way involving section 2(2) of the ECA has also been suggested.’

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

Posted July 11th, 2016 in brexit, constitutional law, EC law, ministers' powers and duties, news, parliament, royal prerogative, treaties, ultra vires by sally

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

The Guardian, 8th July 2016

Source: www.guardian.co.uk

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

Posted July 8th, 2016 in consent, constitutional law, EC law, law firms, news, parliament, referendums, royal prerogative by sally

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Chilcot’s lessons on going to war must be enshrined in law – The Guardian

Posted July 7th, 2016 in constitutional reform, Iraq, news, parliament, reports, war, weapons by sally

‘A robust and agreed framework should be followed by future cabinets before decisions on military action are taken.’

The Guardian, 6th July 2016

Source: www.guardian.co.uk

Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

Posted July 5th, 2016 in brexit, constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

BBC News, 4th July 2016

Source: www.bbc.co.uk

A radical moment for Britain’s sex workers – The Guardian

Posted July 5th, 2016 in crime, news, parliament, prostitution, select committees by sally

‘The Commons inquiry into prostitution has recommended legalising brothels and soliciting as quickly as possible. So, what happens now?’

The Guardian, 4th July 2016

Source: www.guardian.co.uk

Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

Posted July 4th, 2016 in brexit, constitutional law, delay, EC law, law firms, news, notification, parliament, referendums, royal prerogative by michael

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

The Independent, 4th July 2016

Source: www.independent.co.uk

Chilcot inquiry must restore trust in government, says top lawyer – The Guardian

Posted July 4th, 2016 in armed forces, inquiries, intelligence services, Iraq, news, parliament, prosecutions, war by michael

‘One of Britain’s leading experts in international law has said that the Chilcot inquiry into the Iraq war must deliver a convincing account of the mistakes that led to the 2003 conflict to help restore public trust in politics.’

The Guardian, 3rd July 2016

Source: www.guardian.co.uk

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by tracey

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

Lords sound legal privilege alarm over snooping bill – Law Society’s Gazette

Posted June 30th, 2016 in bills, electronic mail, investigatory powers, news, parliament, privilege by tracey

‘Distinguished legal figures on the red benches lined up to condemn threats to professional privilege posed by the government’s investigatory powers bill as it passed its second reading in the House of Lords this week.’

Law Society’s Gazette, 29th June 2016

Source: www.lawgazette.co.uk

Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

Posted June 28th, 2016 in constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

MPs launch inquiry into sharia courts in UK – The Guardian

Posted June 28th, 2016 in inquiries, Islam, news, parliament, select committees by sally

‘MPs on the Commons home affairs committee have launched an inquiry into the operation of sharia courts in the UK to ensure their principles are compatible with British law.’

The Guardian, 27th June 2016

Source: www.guardian.co.uk

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Posted June 27th, 2016 in constitutional law, EC law, interpretation, news, notification, parliament, referendums, royal prerogative, statute law revision, time limits by sally

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

The Guardian, 24th June 2016

Source: www.guardian.co.uk

Brexit: EU spells out procedure for UK to leave – BBC News

Posted June 27th, 2016 in brexit, EC law, news, parliament, referendums, time limits by sally

‘The European Union has clarified the way the UK can kickstart formal negotiations to exit the bloc following Thursday’s referendum.’

BBC News, 26th June 2016

Source: www.bbc.co.uk

Battle to stop Jack Straw facing Libya rendition charges – The Guardian

Posted June 27th, 2016 in civil justice, criminal justice, detention, freedom of information, intelligence services, Libya, news, parliament, police, rendition, statistics, torture by sally

‘The government has spent at least £600,000 of taxpayers’ money trying to prevent a civil case being brought against it by a husband and wife who allege that British intelligence was complicit in their detention, rendition and torture.’

The Guardian, 26th June 2016

Source: www.guardian.co.uk

MPs castigate government over court and tribunal fee rises – Litigation Futures

Posted June 21st, 2016 in courts, employment tribunals, fees, news, parliament, reports, select committees, tribunals by sally

‘MPs have hit out at the government’s approach to increasing court fees, with major changes needed to restore an “acceptable level of access to the employment tribunals”, and also urged ministers not to introduce any more civil court fee rises until there is research into the impact of what has been done to date, particularly on London’s competitiveness as a litigation centre.’

Litigation Futures, 20th June 2016

Source: www.litigationfutures.co.uk

Jo Cox killing: Thomas Mair to face judge under terrorism protocols – The Guardian

Posted June 21st, 2016 in firearms, grievous bodily harm, murder, news, offensive weapons, parliament, terrorism by sally

‘A man accused of murdering the Labour MP Jo Cox has appeared again in court, ahead of a further appearance next week when he will face a judge under terrorism protocols.’

The Guardian, 20th June 2016

Source: www.guardian.co.uk

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