Archive for the 'constitutional law' Category

Royal succession reform is being discussed, Clegg says – BBC News

“The government is consulting Commonwealth countries about changing the laws on royal succession, Deputy Prime Minister Nick Clegg has said.”

Full story

BBC News, 16th April 2011

Source: www.bbc.co.uk

Lord Neuberger asks who is the master: the unelected judge or the elected politician? – The Guardian

“According to the master of the rolls, courts could overrule parliament in wholly exceptional cases.”

Full story

The Guardian, 11th April 2011

Source: www.guardian.co.uk

The House of Lords is keeping ministers’ Henry VIII powers in check – The Guardian

“The government’s little-reported announcement last week that it will no longer bypass parliament when it abolishes public bodies is a sign that the House of Lords is working effectively: even ministers now understand that the best thing to do when they find themselves in a hole is to stop digging.”

Full story

The Guardian, 9th March 2011

Source: www.guardian.co.uk

Court clarifies constitutional role in Woolas decision – The Guardian

“Phil Woolas has lost his election court challenge but the decision shines a light on an obscure part of the constitutional system.”

Full story

The Guardian, 3rd December 2010

Source: www.guardian.co.uk

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) – WLR Daily

Ross v Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Ltd (in liquidation) [2010] UKPC 28; [2010] WLR (D) 297

“When an appeal to the Privy Council was expressed to be as of right under the Constitution of the country appealed from, it was still necessary either to obtain leave from the local Court of Appeal or if that was refused, to obtain special leave from the Privy Council.”

WLR Daily, 24th November 2010

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.

Lawcast168: Carl Gardner on “Monkeying with national sovereignty” – Charon QC

“Today I am talking to Carl Gardner, ex government lawyer and author of the Head of Legal blog, about the extraordinary idea being put forward by Foreign Secretary William Hague that we need to enshrine Parliamentary Sovereignty in our law. There are many dangers in doing so. There could well be *unintended consequences* and Carl Gardner says that the drafting of this legislation will need especial care.”

Podcast

Charon QC, 8th October 20101

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Prince Charles’s letters to ministers stay secret as appeal is adjourned – The Guardian

“Freedom of information hearing delayed until next year for reasons panel cannot ‘go into.’ ”

Full story

The Guardian, 16th September 2010

Source: www.guardian.co.uk

Fixed-term parliaments bill open to legal challenge, clerk of Commons warns – The Guardian

“A major potential flaw in the coalition’s bill to introduce fixed-term parliaments was exposed when the clerk of the Commons today warned it would open the way for repeated legal challenges if parliament passed a vote of no confidence in a government, leading to a general election.”

Full story

The Guardian, 7th September 2010

Source: www.guardian.co.uk

Is the European court of justice a legal or political institution now? – The Guardian

“The most curious feature of the European court of justice (ECJ) , the court of the European Union, is not that it is a political court, but rather that it has until very recently been so successful in pursuing its political programme of the integration of Europe through law without attracting much public or even expert notice.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Baroness Hale: Human Rights Act hampered by constitutional problems – The Guardian

“Baroness Hale of Richmond has spoken to the Salford Human Rights Conference on the development of human rights law, and has lamented the time spent on constitutional wrangling rather than applying the essence of the Act.”

Full story

The Guardian, 25th June 2010

Source: www.guardian.co.uk

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349

“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”

WLR Daily, 1st December 2009

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.

Barclays lose Sark reforms claim – BBC news

“The Supreme Court has unanimously dismissed an appeal case by the Barclay brothers who wanted to force a change to constitutional reforms on Sark.”

Full story

BBC News, 1st December 2009

Source; www.bbc.co.uk

Gordon Brown to push for royal Roman Catholics law change – The Times

“Gordon Brown today sparked controversy on the eve of the Commonwealth summit by suggesting he backs the sweeping away of 300-year-old laws that prevent Roman Catholics ascending to the Throne.”

Full story

The Times, 25th November 2009

Source: www.timesonline.co.uk

Constitutional change and the future of parliamentary democracy – Ministry of Justice

“An abridged version of a lecture given by Jack Straw at Brunel University’s Magna Carta Institute on Monday 23 November 2009.”

Full story

Ministry of Justice, 24th November 2009

Source: www.justice.gov.uk

Review of executive royal prerogative powers – Ministry of Justice

“A review of the ancient royal prerogative powers available to UK government ministers.”

Full report

Ministry of Justice, 15th October 2009

Source: www.justice.gov.uk

Brown gets tough in Parliament clean-up – The Independent

“Legislation is to be rushed through Parliament to end Westminster’s system of self-regulation and impose a new code of conduct on MPs in the wake of the expenses scandal, Gordon Brown announced today.”

Full story

The Independent, 10th June 2009

Source: www.independent.co.uk

New MP voting system considered – BBC News

“Gordon Brown is set to announce plans to examine a new system of voting MPs to the House of Commons.”

Full story

BBC News, 10th June 2009

Source: www.bbc.co.uk

Could the Queen really dissolve Parliament now? – The Times

“Thinking the unthinkable is what constitutional lawyers are paid to do. Many are now saying that with the daily revelations about improper expenses claims from beleaguered MPs the Queen should step in and dissolve Parliament — against the Government’s wishes — forcing a general election to compel MPs to stand for immediate re-election after a scandal on the scale of that of the pre 1832 rotten boroughs. Trust has now been destroyed. It can, so the argument runs, be rebuilt only by a neutral third party, the Queen, and not by a self-interested and wholly discredited cabal of politicians.”

Full story

The Times, 21st May 2009

Source: www.timesonline.co.uk

Rights and responsibilities – Ministry of Justice

“A national debate is launched today to explore whether a clearer common understanding of our rights and responsibilities might be built by articulating them in a single text – a Bill of Rights and Responsibilities.”

Full press release

Ministry of Justice, 23rd March 2009

Source: www.justice.gov.uk

Succession law changes ‘needed’ – BBC News

“A cabinet minister has called for progress to be made on ending the 300-year old legal ban on Roman Catholics succeeding to the throne.”

Full story

BBC News, 10th December 2008

Source: www.bbc.co.uk

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Regina (Barclay and Others) v Lord Chancellor and Secretary of State for Justice and Others

Court of Appeal

“Proposed reform of the constitution of the Channel Island of Sark which allowed the Seneschal, appointed by the Seigneur, to be both a member of the legislature and the chief judge, contravened article 6 of the European Convention on Human Rights, guaranteeing a fair trial by an independent and impartial tribunal.”

The Times, 5th December 2008

Source: www.timesonline.co.uk

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

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily

R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others [2008] EWCA Civ 1319; [2008] WLR (D) 376

The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th December 2008

Source: www.lawreports.co.uk

Sark under new pressure to end feudal system – Daily Telegraph

“The Channel island of Sark has come under renewed pressure to scrap one of the last vestiges of its feudal system after the Court of Appeal ruled that its new constitution breached human rights laws.”

Full story

Daily Telegraph, 3rd December 2008

Source: www.telegraph.co.uk

Dicey Revisited: Separation of powers for the 21st century – speech by Lord Justice Leveson

“Dicey Revisited: Separation of powers for the 21st century.”

Full speech

The Judiciary of England and Wales, 28th November 2008

Source: www.judiciary.gov.uk

Lord Lester stands down as adviser to Jack Straw – The Times

“The Prime Minister’s plans to introduce a ‘Bill of Rights and Responsibilities’ have been dealt a blow with the resignation of the Lord Lester of Herne Hill, the Liberal Democrat peer.”

Full story

The Times, 5th November 2008

Source: www.timesonline.co.uk

Cabinet revolt over Straw’s rights and responsibilities plan – The Guardian

“Jack Straw, the justice secretary, is facing a cabinet-level revolt over his plans for a British bill of rights and responsibilities, and has sent his justice minister, Michael Wills, on a mission to re-explain the proposals to sceptical Whitehall departments.”

Full story

The Guardian, 4th November 2008

Source: www.guardian.co.uk

Constitutional experts rally behind proposals to revoke 300-year-old ban on Catholic monarchs – The Guardian

“Constitutional experts and minority parties yesterday rallied behind proposals to repeal the 300-year bar to Catholics succeeding to the throne and end male precedence in the royal succession.”

Full story

The Guardian, 26th September 2008

Source: www.guardian.co.uk

Call to adopt UK Bill of Rights – BBC News

“The government should adopt a Bill of Rights for the UK, a cross-party committee of MPs and peers has urged.”

Full story

BBC News, 10th August 2008

Source: www.bbc.co.uk

Britain ratifies Lisbon treaty – The Guardian

“Britain has officially ratified the controversial Lisbon treaty, it was announced today.”

Full story

The Guardian, 17th July 2008

Source: www.guardian.co.uk

Constitutional Justice: lessons from Magna Carta – Speech by Sir Anthony Clarke

Constitutional Justice: lessons from Magna Carta (PDF)

Speech by Sir Anthony Clarke, Master of the Rolls at Royal Holloway, University of London, 16th June 2008

Source: www.judiciary.gov.uk

Jack Straw welcomes a year of constitutional progress – Ministry of Justice

“Justice Secretary Jack Straw today marked the one-year anniversary of the government’s constitutional change programme and said the progress made was a major step forward in renewing Britain’s democracy.”

Full story

Ministry of Justice, 3rd July 2008

Source: www.justice.gov.uk

Court rejects EU treaty block bid – BBC News

An attempt to block Britain’s ratification of the Lisbon Treaty has been rejected by the High Court.”

Full story

BBC News, 19th June 2008

Source: www.bbc.co.uk

Lords to vote on EU treaty today – The Guardian

“Peers will vote later today on whether to ratify the Lisbon treaty – its final parliamentary hurdle – after it was rejected in an Irish referendum last week.”

Full story

The Guardian, 18th June 2008

Source: www.guardian.co.uk

Ireland votes No to Lisbon Treaty – The Times

“Ireland has voted No to the Lisbon Treaty, plunging the European Union into a new crisis.”

Full story

The Times, 13th June 2008

Source: www.timesonline.co.uk

Lords reject EU referendum call – BBC News

“The House of Lords has voted against holding a referendum on the EU Treaty – a day before the Irish Republic’s national ballot on the agreement.”

Full story

BBC News, 11th June 2008

Source: www.bbc.co.uk

Draft legislative programme: new proposals to empower the individual – Ministry of Justice

“New proposals to give greater protection to victims and witnesses in court are among those set out in the Ministry of Justice’s contribution to the Draft Legislative Programme announced by the Prime Minister today.”

Full story

Ministry of Justice, 14th May 2008

Source: www.justice.gov.uk

Related link: Preparing Britain for the Future – the Draft Legislative Programme 2008-09 (PDF)

The Supreme Court and Other Constitutional Changes in the UK – Speech by Lord Phillips of Worth Matravers

The Supreme Court and Other Constitutional Changes in the UK (PDF)

Speech by Lord Phillips of Worth Matravers, Lord Chief Justice of England and Wales

Address to members of the Royal Court, The Jersey Law Society, and members of the States of Jersey, 2nd May 2008

Source: www.judiciary.gov.uk

Fraser v Judicial and Legal Services Commission and another – WLR Daily

Fraser v Judicial and Legal Services Commission and another [2008] UKPC 25; [2008] WLR (D) 139

“A magistrate, on a fixed term appointment in Saint Lucia, enjoyed the same constitutional rights against summary dismissal as a member of the higher judiciary, regardless of any contractual term to the contrary.”

WLR Daily, 7th May 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.

After 450 years, Sark turns back on feudal law – The Independent

“For more than 450 years Sark stood alone as one of Europe’s last bastions of feudal law, but yesterday marked the end of an era for the tiny Channel island as the UK Privy Council approved changes to its system of government, heralding the arrival of democracy for the first time.”

Full story

The Independent, 10th April 2008

Source: www.independent.co.uk

Act repeal could make Franz Herzog von Bayern new King of England and Scotland – Daily Telegraph

“Gordon Brown is considering repealing the 1701 Act of Settlement as a way of healing a historic injustice by ending the prohibition against Catholics taking the throne.”

Full story

Daily Telegraph, 7th April 2008

Source: www.telegraph.co.uk

Strengthened constitutional role of the Law Commission – Law Commission

The Lord Chancellor has announced his intention to strengthen the role of the Law Commission. Law Commission Chairman Sir Terence Etherton responds.”

Full story

Law Commission, 25th March 2008

Source: www.lawcom.gov.uk

Catholics could join the royal succession – Daily Telegraph

“Gordon Brown is to consider abolishing the Act that prevents Roman Catholics marrying into the Royal Family or becoming king or queen, in a move that could lead to the disestablishment of the Church of England.”

Full story

Daily Telegraph, 27th March 2008

Source: www.telegraph.co.uk

Governance of Britain Draft Constitutional Renewal Bill gives more power to Parliament – Ministry of Justice

“Jack Straw has announced new proposals to give Parliament more power to hold the government to account and strengthen its relationship with the people.”

Full press release

Ministry of Justice, 25th March 2008

Source: www.justice.gov.uk

Bar Council Welcomes Draft Constitutional Renewal Bill – The Bar Council

“The Bar Council today welcomed the publication of the draft Constitutional Renewal Bill, which was announced by the Secretary of State for Justice, the Rt Hon Jack Straw MP. The draft Bill follows the July 2007 Green Paper, The Governance of Britain, and a consultation on its contents.”

Full press release

The Bar Council, 25th March 2008

Source: www.barcouncil.org.uk

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

“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.”

Full story

The Times, 26th March 2008

Source: www.timesonline.co.uk

‘Milestone’ on Welsh laws reached – BBC News

“The first new order giving the Welsh assembly the power to make laws in specified areas has been approved by Parliament.”

Full story

BBC News, 19th March 2008

Source: www.bbc.co.uk

Lords’ membership cut considered – BBC News

“Membership of the House of Lords could be almost halved under proposals to replace peers with elected members.”

Full story

BBC News, 20th March 2008

Source: www.bbc.co.uk

Labour retreat over attorney general’s role – The Guardian

“The government is poised to let the attorney general retain the power to stop prosecutions such as the corruption case against BAE Systems on national security grounds, the Guardian has learned.”

Full story

The Guardian, 11th March 2008

Source: www.guardian.co.uk

Modernising Magna Carta – Ministry of Justice

“Jack Straw has given a speech at the George Washington University about the UK’s and USA’s constitutional heritage and what a British Bill of Rights and Responsibilities might look like.”

Full speech

Ministry of Justice, 13th February 2008

Source: www.justice.gov.uk

Written constitution is a long way off, says Straw – The Guardian

“Britain is unlikely to have a full written constitution for at least 10 or 20 years, the justice secretary, Jack Straw, said today.”

Full story

The Guardian, 13th February 2008

Source: www.guardian.co.uk

Towards a Bill of Rights and Responsibility – Ministry of Justice

“Jack Straw has given a speech on how a British Bill of Rights and Responsibilities fits into a long British tradition, and how we would be greatly impoverished without the Human Rights Act.”

Full story

Ministry of Justice, 21st January 2008

Source: www.justice.org.uk

Government braced for revolt to force EU referendum – The Guardian

“Senior ministers are bracing themselves for the most significant revolt Gordon Brown has faced when Eurosceptic Labour rebels join forces with the Conservatives to try to force a referendum on the EU’s Lisbon treaty.”

Full story

The Guardian, 21st January 2008

Source: www.guardian.co.uk

More haste, less speed – Law Society’s Gazette

“The debate over new Bill of Rights must include constitutional issues which need to be considered carefully, argues Roger Smith.”

Full story

Law Society’s Gazette, 6th December 2007

Source: www.lawgazette.co.uk

Human rights in the (bus) queue? – The Times

“Lord Bingham of Cornhill can’t quite see the point of a new bill of rights.”

Full story

The Times, 20th November 2007

Source: www.timesonline.co.uk

British lawyers call on President Musharraf to reinstate rule of law – The Times

“British lawyers are united in their condemnation of the treatment of lawyers in Pakistan and the dismissal of the Chief Justice and are calling for the re-instatement of the rule of law and the Constitution.”

Full story

The Times, 8th November 2007

Source: www.timesonline.co.uk


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