‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’
The Independent, 17th October 2021
Source: www.independent.co.uk
‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’
UK Constitutional Law Association, 23rd September 2021
Source: ukconstitutionallaw.org
‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’
UK Constitutional Law Association, 5th August 2021
Source: ukconstitutionallaw.org
‘The government is pressing ahead with plans to limit how the public can legally challenge official decisions, despite fears it will damage justice.’
BBC News, 21st July 2021
Source: www.bbc.co.uk
‘Several Conservative MPs will be suspended from the Commons for a day and told to apologise for trying to influence a judge presiding over the trial of a colleague for sexual assault, the standards committee has ordered.’
The Guardian, 21st July 2021
Source: www.theguardian.com
‘Reading by the Deputy Senior Presiding Judge: English Law and Descent into Complexity.’
Courts & Tribunals Judiciary, 15th July 2021
Source: www.judiciary.uk
‘Proposals to restrict judicial review are an affront to the principles of fairness and government accountability and should be dropped, a cross-party group of MPs and peers has said.’
The Guardian, 2nd June 2021
Source: www.theguardian.com
‘The Conservative government’s response to the IRAL report has raised plenty of alarm bells from UK constitutional scholars. The widespread observation that the government’s judicial review reform plans appear to go well beyond what the Independent Panel recommended points to a more fundamental problem: that the government seems to proceed from a very partial understanding (at best) of the UK “constitution”.’
UK Constitutional Law Association, 1st June 2021
Source: ukconstitutionallaw.org
‘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.’
Law Pod UK, 4th May 2021
Source: audioboom.com
‘The former judge and renowned historian loses his cool on Covid and the culture wars.’
The Guardian, 3rd March 2021
Source: www.theguardian.com
‘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).’
UK Constitutional Law Association, 24th February 2021
Source: ukconstitutionallaw.org
‘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.’
The Guardian, 18th February 2021
Source: www.theguardian.com
‘The government has repeatedly criticised prosecutors for doing “no more than applying the law”, the head of the Crown Prosecution Service (CPS) has said.’
The Independent, 24th January 2021
Source: www.independent.co.uk
‘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.’
UK Constitutional Law Association, 22nd January 2021
Source: ukconstitutionallaw.org
‘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.’
UK Constitutional Law Association, 18th January 2021
Source: ukconstitutionallaw.org
‘Lord Chief Justice press conference December 2020’
Courts and Tribunals Judiciary, 2nd December 2020
Source: www.judiciary.uk
‘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”.’
The Independent, 2nd December 2020
Source: www.independent.co.uk
‘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.’
Legal Futures, 3rd November 2020
Source: www.legalfutures.co.uk
‘The Law Society has endorsed parliamentary criticism of proposed legislation aimed at curbing what the government calls vexatious claims against service personnel.’
Law Society's Gazette, 30th October 2020
Source: www.lawgazette.co.uk
‘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.’
UK Constitutional Law Association, 27th October 2020
Source: ukconstitutionallaw.org
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