Finger on the trigger – New Law Journal

Posted October 31st, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Does triggering Art 50 require a prior Act of Parliament, asks Michael Zander QC.’

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New Law Journal, 12th October 2016

Source: www.newlawjournal.co.uk

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union – UK Constitutional Law Association

Posted October 21st, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week.’

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UK Constitutional Law Association, 14th October 2016

Source: www.ukconstitutionallaw.org

Brexit case ‘of fundamental constitutional importance’ – BBC News

‘The need for Parliament to give its approval before the Brexit process starts is of huge “constitutional importance”, the High Court has heard.’

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BBC News, 13th October 2016

Source: www.bbc.co.uk

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in brexit, devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

Anti-Brexit group lodges legal challenge over article 50 procedure – The Guardian

Posted September 26th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums by sally

‘The government is shutting down public debate by refusing to allow legal opponents to reveal the official justification for using royal prerogative powers, rather than seeking parliament’s approval, to trigger Brexit, according to documents lodged in the high court.’

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The Guardian, 23rd September 2016

Source: www.guardian.co.uk

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

‘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.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’

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UK Constitutional Law Association, 19th November 2014

Source: www.ukconstitutionallaw.org/blog

Al Quaida list and the use of prerogative powers – UK Human Rights Blog

“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”

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UK Human Rights Blog, 1st November 2013

Source: www.ukhumanrightsblog.com

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – Times Law Reports

Posted October 23rd, 2008 in Chagos Islands, law reports, prerogative powers by sally

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)

House of Lords

“Prerogative orders made by the Queen in Council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

The Times, 23rd October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

A, K, M, Q and G v HM Treasury – Times Law Reports

Posted May 6th, 2008 in freezing injunctions, law reports, prerogative powers, terrorism by sally

A, K, M, Q and G v HM Treasury

Queen’s Bench Division

“Orders in Council, made purportedly to give effect to United Nations resolutions freezing the assets of terrorist organisations and their adherents, were to be quashed since, among other faults, they had been improperly made outside the parliamentary process and were bad as creating criminal law of insufficient certainty.”

The Times, 5th May 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Important changes under way, but who cares? – The Times

Posted March 26th, 2008 in constitutional law, prerogative powers, special report by sally

“Step by step, the arguments of the 17th century over parliamentary control of prerogative powers are at last being resolved. The draft Constitutional Renewal Bill is a further big step, by no means the final one, into making the executive more accountable.”

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The Times, 26th March 2008

Source: www.timesonline.co.uk

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government – Times Law Reports

Posted March 12th, 2008 in law reports, local government, prerogative powers by sally

Regina (Shrewsbury and Atcham Borough Council and Another) v Secretary of State for Communities and Local Government

Court of Appeal

“Proposals to replace two-tier local government in some parts of the country with unitary authorities, made before the necessary statutory powers were in place, were lawful as long as genuine reconsideration had been given to them after the commencement of the relevant Act.”

The Times, 12th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.