The Legal Mechanics of Brexit – 11 KBW

Posted March 14th, 2016 in brexit, EC law, legislation, news, referendums, treaties by sally

‘This paper will offer some crystal ball gazing about how Brexit might take legal effect. It is necessarily speculative and uncertain. It looks at:-
(1) the referendum;
(2) withdrawal from membership of the EU under the Treaty for European Union (“TEU”);
and
(3) the effect of the European Communities Act 1972 (“the ECA”).’

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11 KBW, 1st March 2016

Source: www.11kbw.com

UK likely to ratify Unified Patent Court after EU referendum – OUT-LAW.com

Posted February 25th, 2016 in courts, intellectual property, international courts, news, patents, referendums by sally

‘UK law makers are not likely to ratify the creation of a new Unified Patent Court (UPC) until after the UK public votes on whether the country should remain a member of the EU, the UK government has confirmed.’

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OUT-LAW.com, 24th February 2016

Source: www.out-law.com

District council defeats judicial review challenge over neighbourhood plan – Local Government Lawyer

Posted January 26th, 2016 in judicial review, local government, news, planning, referendums by sally

‘Chichester District Council has successfully defended a judicial review challenge to a neighbourhood plan.’
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Local Government Lawyer, 26th January 2016

Source: www.localgovernmentlawyer.co.uk

Lords reject attempt to lower EU referendum voting age to 16 – The Guardian

Posted December 15th, 2015 in children, elections, news, parliament, referendums by sally

‘Sixteen- and 17-year-olds will not be given the vote in the the planned EU referendum, after peers succumbed to a government demand and voted to reject an extension of the franchise.’

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The Guardian, 14th December 2015

Source: www.guardian.co.uk

MPs overturn Lords bid to ​give 16- and​​ 17-year-olds right to vote – The Guardian

Posted December 9th, 2015 in bills, EC law, elections, news, parliament, referendums, young persons by sally

‘Labour lords are preparing to defy the House of Commons after it blocked their proposals to let 16- and 17-year-olds vote in the EU referendum.’

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The Guardian, 8th December 2015

Source: www.guardian.co.uk

Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, brexit, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

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UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

Leaving the EU—impact on case law and legislation – Halsbury’s Law Exchange

Posted August 14th, 2015 in bills, EC law, news, referendums, treaties by tracey

‘If the UK votes to leave the EU what will be the impact on case law and legislation? Tim Eicke QC, a leading public and EU law advocate, looks at some of the issues that might arise domestically and internationally with a decision to leave the Union.’

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Halsbury’s Law Exchange, 13th August 2015

Source: www.halsburyslawexchange.co.uk

Petition calling for referendum on Human Rights Act attracts more than 235,000 signatures – The Independent

Posted June 12th, 2015 in human rights, news, referendums, repeals by sally

‘A petition calling for a referendum on whether Britain should repeal the Human Rights Act has attracted more than 235,000 signatures as opposition to the Conservative government’s plans to scrap it grows.’

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The Independent, 11th June 2015

Source: www.independent.co.uk

HRA Watch: Reform, Repeal, Replace? Cormac Mac Amhlaigh: A Referendum on Repeal of the Human Rights Act? Why not? – UK Constitutional Law Association

‘So we finally we have some clarity. Of the many statements, quasi-proposals and rumours affecting constitutional reform which had been swirling around during the term of the last coalition government, we now know which will see the light of day as official government policy. With the surprise Conservative majority government, it is now clear that the Human Rights Act will be repealed and replaced with a British Bill of Rights and there will be a referendum on EU membership by 2017 at the latest. Given that many of these issues had already been touted by one part of the coalition, many, if not most, of the constitutional and political implications, and particularly the difficulties, of these proposals have already been thrashed out in different forums such as the recent report co-edited by my colleague Tobias Lock, as well as, of course, on the pages of this blog. I have read and benefited from these excellent insights and so have nothing to add here to the substance of these issues.’

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UK Constitutional Law Association, 25th May 2015

Source: http://ukconstitutionallaw.org

Queen’s Speech 2015: Scrapping the human rights act, right to buy, and an EU referendum – what you can expect – The Independent

‘The Queen’s Speech marks the start of this session of parliament. The address, written by government ministers, is delivered by the Queen and lays out the Government’s agenda for the next year.’

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The Independent, 26th May 2015

Source: www.independent.co.uk

Reforming Electoral Law – UCL Constitution Unit

Posted February 23rd, 2015 in consultations, elections, Law Commission, news, referendums by sally

‘Electoral law in the UK has grown complex, voluminous, and fragmented, with many statutes and secondary legislation governing a long list of elections and referendums. The twin aims of the project are to ensure, first, that electoral laws are presented within a rational, modern legislative framework, governing all elections and referendums under statute; and second, that the law governing the conduct of elections and referendums is modern, simple, and fit for purpose. The Law Commission have recently published the Electoral Law Consultation Paper, which sets out provisional proposals and consultation questions for reform of electoral law.’

Henni Ouahes – Reforming Electoral Law

Nicholas Paines QC – Reforming Electoral Law

UCL Constitution Unit, 28th February 2015

Source: www.ucl.ac.uk/constitution-unit

Moohan and another (Appellant) v The Lord Advocate (Respondent) – Supreme Court

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another (Appellant) v The Lord Advocate (Respondent) [2014] UKSC 67 (YouTube)

Supreme Court, 17th December 2014

Source: www.youtube.com/user/UKSupremeCourt

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) – WLR Daily

Posted December 19th, 2014 in elections, human rights, law reports, prisons, referendums, Scotland by sally

Moohan and another v Lord Advocate (Advocate General for Scotland intervening) [2014] UKSC 67; [2014] WLR (D) 544

‘The blanket ban on convicted prisoners voting in the Scottish independence referendum did not contravene prisoners’ rights under the Convention for the Protection of Human Rights and Fundamental Freedoms or involve any breach of European Union law.’

WLR Daily, 17th December 2014

Source: www.iclr.co.uk

Reforming electoral law across the UK – UK Constitutional Law Association

Posted December 12th, 2014 in consultations, elections, Law Commission, news, referendums by sally

‘In a consultation opening today the Law Commissions of England and Wales, Scotland and Northern Ireland set out provisional proposals for reforming the law that governs the conduct of elections and referendums across the UK.’

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UK Constitutional Law Association, 12th December 2014

Source: www.ukconstitutionallaw.org

Reforming electoral law across the UK – Law Commission

Posted December 10th, 2014 in consultations, elections, Law Commission, news, referendums by sally

‘In a consultation opening today [9 December] the Law Commissions of England and Wales, Scotland and Northern Ireland set out provisional proposals for reforming the law that governs the conduct of elections and referendums across the UK.’

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Law Commission, 9th December 2014

Source: www.lawcommission.justice.gov.uk

English laws options ‘due soon’, says Hague – BBC News

Posted November 3rd, 2014 in devolution, news, parliament, referendums, Scotland by sally

‘Options to give English MPs more say over laws affecting England will be set out over the coming weeks, the House of Commons leader William Hague has said.’

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BBC News, 2nd November 2014

Source: www.bbc.co.uk

Stop changing laws behind closed doors, say experts – The Independent

Posted October 20th, 2014 in constitutional law, constitutional reform, devolution, news, referendums by sally

Leading members of the civic society call for the public to be involved in an open discussion on how we should be governed in the aftermath of the Scottish referendum

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The Independent, 19th October 2014

Source: www.independent.co.uk

Mark Elliott: Scotland has voted “no”. What next for the UK constitution? – UK Constitutional Law Association

Posted September 19th, 2014 in constitutional reform, devolution, news, parliament, referendums, Scotland by tracey

‘After a very long — and at times electrifying — campaign, a modest but decisive majority of those who participated in the referendum on Scottish independence have voted “no”. In one sense, this is the end of the process — even if, bearing in mind the main UK parties’ still-to-be-fulfilled promises about further devolution, it is only the beginning of the end. In another sense, however, it might turn out to be only the end of the beginning.’

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UK Constitutional Law Association, 19th September 2014

Source: www.ukconstitutionallaw.org/blog

Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association

Posted March 25th, 2014 in constitutional law, constitutional reform, EC law, news, referendums by sally

‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’

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UK Constitutional Law Association, 25th March 2014

Source: www.ukconstitutionallaw.org

Scott Stephenson: The Future of Rights Reform in the Age of the Referendum – UK Constitutional Law Group

Posted July 18th, 2013 in bills, constitutional reform, human rights, news, referendums by tracey

“In the last fortnight, two major pieces of constitutional reform returned to the political agenda. The House of Commons considered Conservative MP James Wharton’s private Member’s Bill that would provide for a referendum on whether the UK should remain a member of the EU. The Bill, according to Prime Minister David Cameron, will have ‘the full support of the Conservative Party’. Several days later, senior members of the Conservative Party made statements indicating that the Party would make ‘wholesale changes’ to the country’s system of human rights protection if it obtains a majority in Parliament at the next election. Proposed changes include repeal of the Human Rights Act and withdrawal from the European Convention on Human Rights. In this post, I consider whether the former might have implications for the latter—whether the rise of the referendum could and/or should affect the future of rights reform in the UK.”

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UK Constitutional Law Group, 17th July 2013

Source: www.ukconstitutionallaw.org