Meg Russell: The Byles/Steel bill – unless amended – holds grave dangers for the Lords – UK Constitutional Law Association

‘On Friday 28 February Dan Byles’ Private Member’s Bill on Lords reform completed its Commons passage. It is now in the Lords, and will be sponsored by David Steel. The bill, which allows retirement from the Lords and expulsion of non-attendees and serious criminals, has been presented as a small, uncontroversial “housekeeping” measure. But as already argued in an earlier blog post, as currently drafted it would in fact introduce a very major change that would alter the Lords fundamentally, and in very undesirable ways.’

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UK Constitutional Law Association, 6th March 2014

Source: www.ukconstitutionallaw.org/blog

Thank the Lords! – Sovereign Chambers

Posted January 22nd, 2014 in ASBOs, bills, injunctions, news, nuisance, parliament by sally

‘If last Wednesday’s vote in the House of Lords was not a reminder as to why we need a second house to protect us then nothing will be. Many members of the public will not realise just how close this country came to fundamentally damaging the democratic society we live in and abandoning the principle of free speech, whilst simultaneously providing an unwieldy weapon against practically anybody for doing pretty much anything that another person does not like.’

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Sovereign Chambers, 15th January 2014

Source: www.sovereignchambers.co.uk

Ministers defeated in Lords over licences for bankers – BBC News

Posted November 27th, 2013 in banking, bills, codes of practice, financial regulation, licensing, news, parliament, standards by tracey

‘The government has been defeated in the House of Lords over its plans for reforming the banking system. A Labour amendment to the Financial Services Bill, which would introduce a licensing system for senior bankers, was passed by five votes.’

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BBC News, 26th November 2013

Source: www.bbc.co.uk

Ministers’ plans will hand more power to Europe, says report – Daily Telegraph

Posted November 7th, 2013 in EC law, news, parliament, reports, select committees by tracey

“Europe’s power over British affairs could actually be increased by the Government’s decision to opt back in to a number of criminal justice measures, MPs have warned. The House of Commons’ all-party European Scrutiny committee warned the influence of Parliament and the British courts could suffer if ministers proceed with current plans.”

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Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

Supreme court to make final ruling on Poundland case – The Guardian

“The UK supreme court will hand down judgment on Wednesday morning in what is expected to be the final chapter in a long-running dispute between the Department of Work and Pensions and former jobseeker Cait Reilly over the legality of so-called workfare schemes.”

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The Guardian, 30th October 2013

Source: www.guardian.co.uk

Press regulation: publishers seek judicial review of royal charter decision – The Guardian

Posted October 25th, 2013 in charters, freedom of expression, judicial review, media, news, parliament by sally

“A group of national newspaper publishers have launched a legal challenge to the government’s plans for press regulation, claiming that ‘irrational’ ministers have failed to apply ‘rigorous standards of consultation’ over plans for a new watchdog.”

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The Guardian, 24th October 2013

Source: www.guardian.co.uk

Code of practice call over government tsars – BBC News

Posted October 15th, 2013 in codes of practice, government departments, news, parliament, reports by sally

“The process for appointing government ‘tsars’ and evaluating their work is inadequate, a new report has claimed.”

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BBC News, 15th October 2013

Source: www.bbc.co.uk

Press still plans self-regulation despite ministers’ rejection, says Times editor – The Guardian

Posted October 10th, 2013 in charters, media, news, parliament by tracey

“The editor of the Times yesterday gave the clearest indication yet that a group of the country’s bestselling titles will press ahead and set up their own regulator without seeking government approval, after ministers formally rejected a Fleet Street proposal for a new system of oversight.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

House of Lords reform – time for evolution rather than revolution? – Halsbury’s Law Exchange

Posted October 9th, 2013 in bills, news, parliament, peerages & dignities, statistics by sally

“When the House of Lords returns from recess in October, they will begin to welcome the 30 new peers announced at the beginning of August, including such diverse figures as paralympian Chris Holmes, racism campaigner Doreen Lawrence and Ministry of Sound co-founder James Palumbo. These 30 new peers (14 Conservative, ten Liberal Democrats, five Labour and one Green) will see the Conservatives again become the biggest bloc (with 222 peers, one ahead of Labour) and take the number of currently eligible sitting peers to 783. While such a size led to many comments about the ballooning size of the House (such as ‘New faces push the supersized House of Lords towards 1,000’ The Times August 2, 2013), this figure – which excludes those on leave of absence and those ineligible due to offices held – is actually lower than the figures as at March 2011 and March 2012. However, the annual reports of the House do show average attendance has increased by over a third in the last decade (from the mid-300s to the high 400s) and reflecting changing party balance in the House of Commons through creations is undoubtedly set to increase the size of the House of Lords (particularly if the parties fortunes ebb and flow; on this point see, eg, Michael White (Guardian, 17/5/2010) and the Electoral Reform Society 2013 report ‘The Super-Sized Second Chamber’). Thus among the Bills set to be scrutinised in the remainder of this session are no fewer than three House of Lords Reform Private Members’ Bills (PMBs) which seek to restrict the size of the House, Nick Clegg’s revolutionary – and much criticised – reform having been abandoned last year (at least until the next election).”

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Halsbury’s Law Exchange, 8th October 2013

Source: www.halsburyslawexchange.co.uk

Anthony Bradley: A Review of Jack Straw’s Hamlyn Lectures: Aspects of Law Reform: An Insider’s Perspective – UK Constitutional Law Group

“As the lecturer disarmingly tells us at the outset of the Hamlyn Lectures for 2012, the illustrious procession of Hamlyn lecturers since 1949 (Lord Denning) through to 2011 (Jeremy Waldron) has ‘without exception’ comprised ‘lawyers distinguished by their practice, their academic study or both’. Jack Straw is an exception. Since an LLB at Leeds and two years at the criminal bar, he has made his career in politics – holding glittering ministerial office, throughout the Blair-Brown years, as Home Secretary, Foreign Secretary, leader of the Commons, and Lord Chancellor.”

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UK Constitutional Law Group, 7th October 2013

Source: www.ukconstitutionallaw.org

Roger Masterman: A Tale of Competing Supremacies – UK Constitutional Law Group

“In a recent interview in The Spectator, Lord Chancellor and Secretary of State for Justice, Chris Grayling MP, was given another opportunity to recite the now characteristic Tory Siren call relating to the European Convention on Human Rights and the Strasbourg court.”

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UK Constitutional Law Group, 30th September 2013

Source: www.ukconstitutionallaw.org

Energy price cap – is it legal? – Halsbury’s Law Exchange

Posted September 30th, 2013 in competition, EC law, energy, news, parliament, price fixing by sally

“You would have to be living under a rock to avoid Mr Milliband’s recent announcement that energy costs would, if he were elected in 2015, be capped for 20 months. Unsurprisingly, this has caused uproar on a political level between energy companies warning of blackouts and company failures and the Labour party who maintain it is a viable option. The question which really needs to be asked here is whether or not the government is legally entitled to do this?”

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Halsbury’s Law Exchange, 27th September 2013

Source: www.halsburyslawexchange.co.uk

Energy price cap – is it legal? – Halsbury’s Law Exchange

Posted September 27th, 2013 in energy, legislation, news, parliament, price fixing by tracey

“You would have to be living under a rock to avoid Mr Milliband’s recent announcement that energy costs would, if he were elected in 2015, be capped for 20 months. Unsurprisingly, this has caused uproar on a political level between energy companies warning of blackouts and company failures and the Labour party who maintain it is a viable option. The question which really needs to be asked here is whether or not the government is legally entitled to do this?”

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Halsbury’s Law Exchange, 27th September 2013

Source: www.halsburyslawexchange.co.uk

Inheriting aristocratic titles: what’s in a name? – Halsbury’s Law Exchange

Posted September 23rd, 2013 in equality, news, parliament, peerages & dignities, sex discrimination, women by sally

“Reforming the law on the inheritance of an aristocratic title was never really going to be a popular rallying cry, but it’s in the news again. The Earldom of Northesk is one of the great titles (albeit with no huge estate or wealth) that by a curious twist of fate has passed to a male descendent of the cadet branching of the family from 1654 rather than the 14th Earl’s daughter, Lady Carnegie. What is now more interesting about this is we now have a contrasting legal position to compare it with, s 1 of the Succession to the Crown Act 2013 which removes gender from the question of who inherits the Throne. Primogeniture, the benefit of the eldest male child for centuries, has been changed and so – ask a number of Lords and Ladies – should this not be changed for them as well?”

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Halsbury’s Law Exchange, 20th September 2013

Source: www.halsburyslawexchange.co.uk

Gavin Phillipson: ‘Historic’ Commons’ Syria vote: the constitutional significance (Part I) – UK Constitutional Law Group

Posted September 20th, 2013 in chemical weapons, constitutional law, Iraq, news, parliament, war by sally

“Does the recent vote in the House of Commons on military action against Syria have real constitutional significance? Is it the final piece of evidence that there is a constitutional convention that the consent of the House of Commons must be sought before armed force is used? If so, should anything be done to concretise and clarify this Convention? And what is the broader constitutional significance of this episode in terms of the evolution of controls over the prerogative power and its significance for the evolving separation of powers in the UK?”

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UK Constitutional Law Group, 19th September 2013

Source: www.ukconstitutionallaw.org

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group

Posted September 18th, 2013 in human rights, judicial review, news, parliament, proportionality, rule of law by sally

“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”

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UK Constitutional Law Group, 17th September 2013

Source: www.ukconstitutionallaw.org

How far should our courts venture onto the battlefield? – The Guardian

Posted July 25th, 2013 in armed forces, constitutional reform, news, parliament, select committees, war by tracey

“If you think there are clear rules governing the UK’s use of armed force, you would be wrong.”

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The Guardian, 24th July 2013

Source: www.guardian.co.uk

Nadine Dorries repays £3,000 travel expenses – The Guardian

Posted July 25th, 2013 in expenses, news, parliament, repayment by tracey

“Parliamentary standards watchdog finds Tory MP’s claims for trips between London and her constituency ‘wrongfully made.’ ”

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The Guardian, 24th July 2013

Source: www.guardian.co.uk

Enigma codebreaker Alan Turing to receive posthumous pardon for homosexuality conviction – The Independent

Posted July 22nd, 2013 in bills, homosexuality, news, pardons, parliament, retrospectivity, sexual offences by sally

“The Government says it will not oppose a parliamentary bill that would quash the 1952 ‘gross indecency’ conviction.”

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The Independent, 20th July 2013

Source: www.independent.co.uk

Lobbyist register plan outlined by ministers – BBC News

Posted July 18th, 2013 in bills, lobbying, news, parliament, trade unions by tracey

“Ministers have outlined plans for a statutory register of lobbyists, saying it would boost public confidence about outside influence on decision-making.”

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BBC News, 17th July 2013

Source: www.bbc.co.uk