The Great Repeal Bill: What will happen to accrued rights to claim Francovich damages? – Blackstone Chambers

Posted October 20th, 2017 in bills, damages, EC law, human rights, news, repeals by sally

‘In the Miller litigation, the UK Government placed considerable weight upon its intention to enact a “Great Repeal Bill”. As the Supreme Court understood it, such a Bill would “…repeal the 1972 Act and, wherever practical, it will convert existing EU law into domestic law at least for a transitional period” (see the majority judgment at ¶34, see also ¶¶94, 263). Now that the European Union (Withdrawal) Bill has been published, it appears that Francovich damages are an important exception to this intention.’

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Blackstone Chambers, 3rd October 2017

Source: www.blackstonechambers.com

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity – UK Constitutional Law Association

‘Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal continuity. This post highlights some of its main elements.’

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UK Constitutional Law Association, 18th July 2017

Source: ukconstitutionallaw.org

UK government publishes ‘repeal bill’ ahead of Brexit – OUT-LAW.com

Posted July 14th, 2017 in bills, EC law, news, repeals by tracey

‘The UK government has published draft new legislation which is designed to transfer existing EU legislation to the UK statute book and give ongoing recognition to EU case law established before the UK leaves the EU.’

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OUT-LAW.com, 13th July 2017

Source: www.out-law.com

John Lyon’s Charity v London Sephardi Trust [2017] EWCA Civ 846 (CA) – Tanfield Chambers

‘On 29 June 2017 the Court of Appeal gave judgment on an interesting question of statutory construction concerning the valuation provisions in section 9 of the Leasehold Reform Act 1967 (“LRA67”) and the Interpretation Act 1978 (“the Interpretation Act”).’

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Tanfield Chambers, 29th June 2017

Source: www.tanfieldchambers.co.uk

Fox hunting ban to stay in place for at least another two years, Government says – Daily Telegraph

Posted July 4th, 2017 in hunting, news, repeals by sally

‘Theresa May has ruled out trying to lift the ban on fox hunting ban for another two years, despite saying she wanted to repeal it during the election campaign.’

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Daily Telegraph, 4th July 2017

Source: www.telegraph.co.uk

Brexit: 2018 Queen’s Speech cancelled by government – BBC News

Posted June 19th, 2017 in bills, EC law, news, repeals, speeches, treaties by sally

‘There will be no Queen’s Speech next year to give MPs more time to deal with Brexit laws, the government says.’

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BBC News, 18th June 2017

Source: www.bbc.co.uk

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1) – UK Constitutional Law Association

‘In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This post explores the constitutional implications if, as seems likely, the Conservative Government continues to command a majority in the House of Commons after the election and seeks to convince Parliament to repeal the Act.’

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UK Constitutional Law Association, 24th May 2017

Source: www.ukconstitutionallaw.org

BREXIT: UK government seeking time limited power to ‘correct’ post-Brexit statute book – OUT-LAW.com

Posted April 3rd, 2017 in bills, courts, EC law, legislation, news, parliamentary papers, repeals, time limits by sally

‘The UK government is seeking a time-limited power to “correct the statute book” by way of secondary legislation ahead of the country’s departure from the European Union.’

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OUT-LAW.com, 30th March 2017

Source: www.out-law.com

Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal – UK Constitutional Law Association

Posted March 28th, 2017 in bills, constitutional reform, drafting, EC law, legislation, news, repeals, treaties by sally

‘The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance in a host of official Parliamentary and drafting documents that would curtail overtly political statutory language, and especially in the presentational aspects of bills and statutes, such as short titles. When it came down to it, if a minister desired a particular title for their Bill, they could strong-arm drafters into getting their way—although, there could be pushback from House Authorities, such as the Speaker. The most recent version of Erskine May (2011) notes that short titles must “describe the bill in a straightforwardly factual manner. An argumentative title or slogan is not permitted” (p 526). In reality, however, ministers “may for presentational reasons have strong views about the short title and the structure of the bill”, and attempt to assert their authority (Cabinet Office Guide to Making Legislation, 9.71). Indeed, it is this unique convergence of law and policy that makes the process of drafting so interesting.’

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UK Constitutional Law Association, 28th March 2017

Source: www.ukconstitutionallaw.org

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

‘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.’

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UK Constitutional Law Association, 7th March 2017

Source: www.ukconstitutionallaw.org

Pavlos Eleftheriadis: The Systematic Constitution – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, news, repeals, Supreme Court, treaties by sally

‘The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. The High Court said that the substantive rights arising out of EU law and the European Communities Act 1972, in employment, environment, consumer protection, competition or free movement, could not be abolished merely by the exercise of the royal prerogative. This was a standard interpretation of existing law, adapted for the context of Article 50. The Supreme Court accepted that this was correct, but added one additional reason.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

Inquiry launched into UK gender laws amid fears over Brexit effect – The Guardian

Posted January 30th, 2017 in amendments, bills, EC law, employment, equality, inquiries, news, repeals, sex discrimination, women by sally

‘A major review into the UK’s gender discrimination laws is to be launched amid fears a potential post-Brexit move towards a lower regulation economy could see protections eroded.’

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The Guardian, 30th January 2017

Source: www.guardian.co.uk

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

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UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

What is the Great Repeal Bill? The Brexit law to end all EU laws (that we don’t like) – The Independent

Posted October 4th, 2016 in bills, constitutional reform, EC law, legislation, news, repeals by sally

‘The historic proposal aims to end the European Union’s legal supremacy in the UK by converting all EU requirements into British law as soon as Britain exits the bloc.’

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The Independent, 3rd October 2016

Source: www.independent.co.uk

Government planning to repeal animal welfare codes – The Guardian

Posted March 29th, 2016 in agriculture, animal cruelty, codes of practice, food, news, regulations, repeals by sally

‘Conservative ministers are planning to repeal an array of official guidance on animal welfare standards, starting with a move to put the code on chicken-farming into the hands of the poultry industry.’

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The Guardian, 25th March 2016

Source: www.guardian.co.uk

Ad campaign aims to rally support to save Human Rights Act – The Guardian

Posted October 20th, 2015 in advertising, bills, human rights, legislation, news, repeals by sally

‘The battle to save the Human Rights Act takes to the streets this week with crowdfunded billboards focusing on those who have used the legislation to obtain justice.’

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The Guardian, 19th October 2015

Source: www.guardian.co.uk

HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon? – UK Constitutional Law Association

Posted July 27th, 2015 in deportation, human rights, news, repeals by sally

‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’

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UK Constitutional Law Association, 27th July 2015

Source: www.ukconstitutionallaw.org

Tory plans will destroy human rights across Europe, warns Dominic Grieve – The Guardian

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

‘It will be impossible to enforce human rights across Europe if the Conservative party carries out its threat to withdraw from the Strasbourg court, the former attorney general Dominic Grieve QC has warned.’

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The Guardian, 11th June 2015

Source: www.guardian.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