UK Constitutional Law Association
Monday 18 November, 5pm – Inn of Court, Royal Courts of Justice, Belfast Members of the UK Constitutional […] Thomas Horsley, Coree Brown Swan, Nicola McEwen and Lisa Claire Whitten: Westminster Rules: The United Kingdom Internal Market Act and Devolution. The UK Labour Government is committed to resetting relations with the devolved ...
Michael Foran: Parliamentary Sovereignty and the Politics of …
Oct 18, 2021 · Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal…
Mark Elliott and Nicholas Kilford: - UK Constitutional Law Association
Oct 15, 2021 · In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of the doctrine of parliamentary sovereignty — or, more specifically, of the provision in the Scotland Act 1998 that had hitherto been understood merely to affirm that doctrine. The provision in question is section 28(7), which says of…
Stephen Tierney and Alison Young: Constitution Committee report …
Jan 20, 2022 · Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century. The document comprises 10 chapters, beginning with reflections upon the state of the Union. It then turns to …
Michael Foran: - UK Constitutional Law Association
Mar 17, 2021 · The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This…
Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’?
Feb 21, 2023 · On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5.What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin). I think that the Court’s remarks in Re Allister can be read to show that there is no ...
UK Constitutional Law Association
Jun 1, 2021 · 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…
Mike Gordon: A Statutory Basis for the Ministerial Code – the ...
Nov 16, 2021 · With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight.Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in …
UK Constitutional Law Association
On 31 January 2022, the second anniversary of the UK’s withdrawal from the European Union, the UK government proposed a new ‘Brexit Freedoms Bill’. The ‘Benefits of Brexit’ Policy Paper outlines the objectives of this Bill as ‘reviewing retained EU law to meet the UK’s priorities’ and ‘allowing changes to be made to retained EU law more…
Richard Clayton QC - UK Constitutional Law Association
Jan 14, 2022 · This post completes my analysis of the Government’s Proposals for reform of the Human Rights Act 1998, following Part 1 (outlining the proposals) and Part 2 (analysing the interaction with the common law, the UK Supreme Court, and the intention to sharpen the focus on fundamental rights). This post considers three final themes of the…