Ep 143: Henry VIII Powers undermining parliamentary supremacy – Law Pod UK

‘In this episode, Rosalind English discusses with Sarabjit Singh and Isabel McArdle of 1 Crown Office Row a number of laws containing “Henry VIII” powers which allow ministers to avoid full parliamentary debate.’

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Law Pod UK, 4th May 2021

Source: audioboom.com

Law in a Time of Crisis by Jonathan Sumption review – beyond the lockdown sceptic – The Guardian

‘The former judge and renowned historian loses his cool on Covid and the culture wars.’

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The Guardian, 3rd March 2021

Source: www.theguardian.com

James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law – UK Constitutional Law Association

‘The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph).’

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UK Constitutional Law Association, 24th February 2021

Source: ukconstitutionallaw.org

Trust in law at risk if ministers bypass parliament, says ex-legal chief – The Guardian

‘Public trust in the law is at risk if ministers continue to rush through hundreds of new rules and legislation, bypassing parliament and leaving citizens, businesses and police in the dark, the former head of the government’s legal department has said.’

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The Guardian, 18th February 2021

Source: www.theguardian.com

Home Office criticised prosecutors for ‘applying the law’ in immigration cases, CPS chief says – The Independent

‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’

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The Independent, 24th January 2021

Source: www.independent.co.uk

Ronan Cormacain: Protecting Veterans or Protecting the Ministry of Defence? Clarity in the Overseas Operations Bill – UK Constitutional Law Association

‘Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting for. The need for clarity in legislation is set out as the first principle of Bingham’s definition of the Rule of Law, and the need for intelligibility in legislation is a requirement of the Venice Commission Checklist on the Rule of Law. This is one of the rationales for a parliamentary democracy. The Overseas Operations (Service Personnel and Veterans) Bill is designed to offer legal protections to UK armed forces, and the Ministry of Defence, in relation to overseas military operations. The Bill’s Second Reading took place this week in the House of Lords. But the Bill is disingenuous: in form it is about protecting veterans, whilst in substance it is about protecting the Ministry of Defence.’

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UK Constitutional Law Association, 22nd January 2021

Source: ukconstitutionallaw.org

Carwyn Jones: Is Dicey dicey? – UK Constitutional Law Association

Posted January 18th, 2021 in constitutional law, devolution, news, parliament, rule of law, Supreme Court by sally

‘For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed.’

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UK Constitutional Law Association, 18th January 2021

Source: ukconstitutionallaw.org

Lord Chief Justice press conference December 2020 – Courts and Tribunals Judiciary

‘Lord Chief Justice press conference December 2020’

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Courts and Tribunals Judiciary, 2nd December 2020

Source: www.judiciary.uk

Lord Chief Justice sounds warning over unprecedented political interference in courts – The Independent

Posted December 2nd, 2020 in judges, judiciary, legal profession, news, parliament, political parties, rule of law by tracey

‘The Lord Chief Justice has warned of unprecedented levels of political interference over the work of courts in England and Wales, suggesting that MPs should be taught about “boundaries”.’

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The Independent, 2nd December 2020

Source: www.independent.co.uk

Former UN chief hits out at “activist lawyer” label – Legal Futures

Posted November 3rd, 2020 in harassment, human rights, legal profession, news, rule of law by tracey

‘The former secretary-general of the United Nations has condemned Home Secretary Priti Patel’s recent attack on lawyers – although he did not criticise her by name.’

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Legal Futures, 3rd November 2020

Source: www.legalfutures.co.uk

Forces claims bill condemned as attack on independent legal profession – Law Society’s Gazette

‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’

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Law Society's Gazette, 30th October 2020

Source: www.lawgazette.co.uk

Stuart Wallace: A Triple Threat to the Rule of Law – UK Constitutional Law Association

Posted October 27th, 2020 in armed forces, bills, brexit, coronavirus, immunity, news, regulations, rule of law by sally

‘A trio of threats to the rule of law present themselves in parliament at this time: The Internal Market Bill, the Overseas Operations Bill and the inexorable flow of Health Protection Regulations. Before discussing the nature of the threats, it may be useful to highlight the distinct principles of the rule of law that are concerned. While the concept of the rule of law may have been debated by legal scholars for centuries, I am confident that adherents to both the substantive and formal conceptions of the rule of law would be equally affronted by recent developments in Parliament.’

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UK Constitutional Law Association, 27th October 2020

Source: ukconstitutionallaw.org

Ministers must end their attacks on lawyers – The Guardian

‘Barristers, solicitors, legal academics and retired judges call for the home secretary and the prime minister to apologise for past remarks and refrain from using hostile language.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Lawyers call for apology from Johnson and Patel for endangering colleagues – The Guardian

‘The UK prime minister and the home secretary are accused of endangering the personal safety of lawyers through their abusive attacks on the profession and should apologise, more than 800 former judges and senior legal figures have said in a letter sent to the Guardian.’

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The Guardian, 25th October 2020

Source: www.theguardian.com

Jan van Zyl Smit and Aradhya Sethia: Partial Codification of Administrative Law: What are the Rule of Law Opportunities and Risks of the IRAL’s Remit? Part One – UK Constitutional Law Association

Posted October 21st, 2020 in constitutional law, consultations, news, rule of law by sally

‘The Independent Review of Administrative Law (IRAL), which is holding a short, seven-week consultation that will close on 26 October 2020, has a remit to consider whether parts of UK administrative law should be codified.’

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UK Constitutional Law Association, 20th October 2020

Source: ukconstitutionallaw.org

When it attacks ‘lefty lawyers’, this government takes aim at the rule of law – The Guardian

‘The scorn shown by Boris Johnson and Priti Patel marks a departure from centuries of Conservative tradition.’

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The Guardian, 20th October 2020

Source: www.theguardian.com

Watchdog warns Home Office must use ‘neutral language’ after outrage over ‘activist lawyers’ tweet – The Independent

‘A Home Office watchdog has said the department must use “neutral language” after its repeated use of the term “activist lawyer” prompted outrage.’

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The Independent, 15th October 2020

Source: www.independent.co.uk

Barristers on AG panels “should consider resigning”, says top QC – Legal Futures

‘One of the country’s leading QCs has suggested that barristers on the Attorney General’s panels should consider resigning in protest at the government’s hostility to the law and lawyers.’

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Legal Futures, 13th October 2020

Source: www.legalfutures.co.uk

David Greene: Condemning lawyers for doing their jobs is inherently dangerous – The Guardian

‘The new president of the Law Society on why it’s crucial to defend the rule of law in these febrile times.’

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The Guardian, 14th October 2020

Source: www.theguardian.com

Letter from the Chair of the Bar to the Prime Minister – The Bar Council

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The Bar Council, 9th October 2020

Source: www.barcouncil.org.uk