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News: CONREASON Project

As part of the Schumpeter CONREASON Project, based at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, we are conducting an online expert survey on judicial attitudes towards European law and European integration in the European Union. The survey focuses on supreme and constitutional courts and their doctrinal response to the legal integration process. The survey targets all those who are potential experts in the EU legal integration process: academics, judges, law students, etc.

The online questionnaire takes only a few minutes to complete. You can choose on which court you wish to report and even take several surveys in case you want to report on more than one court.

To take the survey just click on the link below, which will take you to the survey page of the CONREASON Project Website:

http://www.conreasonproject.com/expert-survey.html

Please feel free to contact us (conreason@mpil.de) for questions and remarks regarding the questionnaire. Feedback is welcome.

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Conference Announcement: Conference on the Teaching of Public Law

CONFERENCE ON THE TEACHING OF PUBLIC LAW IN ACADEMIA NOWADAYS

Manchester, 25th June 2013

Staff House, Sackville Street

Programme

9.30am onwards                Arrival/Registration/Tea and Coffee

10.15 am                                 Welcome

Prof Geraint Howells (Head of Manchester Law School)

Prof Robert Thomas (University of Manchester)

Dr Javier Oliva (University of Manchester)

10.30-noon                              Session 1: Overview of Public Law in academia nowadays

Prof David Feldman (Cambridge University)

Prof Dawn Oliver (University College London)

Prof Robert Thomas (University of Manchester)

Prof Rodney Brazier (University of Manchester)

Chair: Dr Richard Kirkham (Sheffield University)

Noon-1pm                                          Lunch

1pm-2.30pm                     Session 2: Methods of Teaching and Assessing Public Law

Prof David Mead (Essex University)

Prof Ian Cram (Leeds University)

Dr Mark Elliot (Cambridge University)

Dr Fiona Donson (University College Cork)

Chair: Dr Ann Lyon (Plymouth University)

2.30pm-2.45pm                                  Tea and Coffee

2.45pm-4.15pm                      Session 3: Relationship between Teaching and Research in Public Law: Research-led Teaching

Prof Andrew Le Sueur (Queen Mary, University of London)

Nick Barber (Oxford University)

Prof Kathryn Hollingsworth (Newcastle University)

Chair: Dr John Stanton (City University)

4.15-4.30pm                                       Final Discussion

Prof David Feldman (Cambridge University)

Prof Robert Thomas (University of Manchester)

Dr Javier Oliva (University of Manchester) HoH

Places on this conference are limited.  Those interested in attending should contact Javier Oliva: Javier.oliva@manchester.ac.uk

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Please join or renew your UK Constitutional Law Group membership for 2013

Pound CoinsReaders of this blog are invited to support the UK Constitutional Law Group by paying a £15 annual membership subscription (which runs for the calendar year 2013). This can either be done online here or a cheque payable to ‘University College London’ sent to the Group’s treasurer, Professor Dawn Oliver at: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG.

Your subscription will make you a member of the International Association of Constitutional Law, of which the Group is an affiliated organisation. Details of the 2014 IALC world congress in Oslo can be found here. The Group must find €250 a year in fees to the IACL and there are costs in running the blog. Thank you for your support!

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News: House of Lords Constitution Committee seeks new legal adviser

HLThe  House of Lords Select Committee on the Constitution is inviting applications for a vacant post of one of its legal advisers.

 The role is part-time, remunerated by daily fee. The successful candidate will demonstrate a well-established expertise in the fields of public law generally and constitutional law in particular. The primary task is to help the committee fulfil its role examining the constitutional implications of all public bills, but the adviser will also help the committee with other aspects of its work.

The legal adviser will work closely with the committee’s other legal adviser, Professor Adam Tomkins, under the general direction of the clerk.

Role of the adviser

Working with the other legal adviser, the successful candidate will be expected to:

  • prepare a written analysis for the committee of the constitutional implications of Government bills (and some private members’ bills), with the normal aim of the committee considering the note before the bill’s second reading in the Lords;
  • prepare draft reports on bills as appropriate;
  • prepare draft letters to ministers as appropriate;
  • attend the committee as appropriate to assist its deliberation; and
  • undertake other work for the committee as required.

In addition to the legal advisers and the clerk, the Constitution Committee has a policy analyst and a committee assistant. The House of Lords Committee Office is able to provide some secretarial and administrative support.

Skills

The successful candidate will demonstrate a well-established expertise in the fields of public law generally and constitutional law in particular. He or she will demonstrate a strong understanding of how legislation is drafted, and the ability to advise on the effects of legislation clearly and concisely, setting provisions in their legal and constitutional contexts. He or she must be incisive, articulate and able to draft quickly and clearly for both a specialist and a non-specialist audience.

The adviser will be expected to offer the committee impartial advice, regardless of any personal or professional interest in the outcome, and in particular should avoid being seen to favour a particular viewpoint when dealing with contentious issues.

The appointment is likely to be suited to a senior academic lawyer or to a person with experience of working as a senior lawyer in government.

Time

The number of days a week the adviser will need to spend on the work of the committee will vary over the parliamentary session. Activity is expected to be highest following the Queen’s speech opening the session in the spring; so the scrutiny role will particularly active from May to the end of July. There may be less activity in the rest of the year, though it will vary. The commitment should not average more than one day a week when the House is sitting. A fast pace of working is required: a note on a bill will often need to be prepared within days of the bill being introduced.

The adviser would normally work away from Westminster, communicating with the clerk and other staff by email and telephone. The adviser would normally attend committee meetings at which notes on bills, or reports on them, which the adviser has drafted are being discussed.

Conditions of appointment

The appointment will attract a daily fee of £375, payable monthly, either for attendance on the committee or for time spent on the work of the committee. A half-day rate is payable. Travelling expenses are payable within specified limits and there is provision for a modest subsistence allowance. Amounts received by way of fees and expenses are potentially liable to income tax (or VAT) and the House of Lords may seek formal assurance that income tax and national insurance obligations are being met. The committee’s legal advisers are not employees of the House of Lords.

Applications

Interested candidates should send a CV to the Clerk of the Constitution Committee, House of Lords, London SW1A 0PW and/or to beslyn@parliament.uk by or on Monday 11 March. Interviews are likely take place in late March. The appointment is subject to the approbation of the committee, with the adviser beginning work at the start of the new parliamentary session, likely to be in late April or early May.

About the committee

The House of Lords Select Committee on the Constitution was appointed in 2001 to fulfil a recommendation of the Royal Commission on reform of the House of Lords that:

“The second chamber should establish an authoritative constitutional committee to act as a focus for its interest in and concern for constitutional matters.”

The committee’s terms of reference are:

 “To examine the constitutional implications of all public bills coming before the House; and to keep under review the operation of the constitution.”

The committee set out its approach to this task in its first report, which is available via the parliamentary website www.parliament.uk (as are the committee’s other reports).

The current chairman of the committee is Baroness Jay of Paddington. There are four Labour, four Conservative, two Liberal Democrat and two Crossbench members. The vacancy is created by one of the present legal advisers, Professor Richard Rawlings, standing down. The committee usually meets weekly, on Wednesdays at 10.15 am (though the meeting time or day may be subject to change).

For more information about the committee or the post of legal adviser please contact the clerk of the committee (Nicolas Besly) at beslyn@parliament.uk or on 020 7219 1228.

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Andrew Le Sueur: Wikipedia on the British constitution

ALeS NYC 2012 bwAs everybody reading this blog will know, Wikipedia is an online, multilingual, free encyclopaedia compiled using Wiki software. What may be less widely known is the process by which articles on Wikipedia are developed. Anybody with access to the Internet and some basic computer skills can create new articles and edit existing ones. Expert knowledge of the topic in hand is not required: this is not a place for dissemination of original research; instead, contributors are expected to cite secondary sources and adopt a neutral point of view (“NPV”). Errors – some made maliciously, others in good faith – abound. The great majority of contributors use noms de plume or lurk behind the anonymity of IP addresses.  It is, however, among the 100 most popular websites in the world. Thanks to Google, it is often the first port of call for people trying to find out about a subject.

The Wikipedia phenomenon has itself become a subject of academic study from a variety of disciplines. Research questions have included whether it is based on “wisdom of crowds” effects (huge numbers of people making large numbers of edits) or driven by “elite” users? How do editors coordinate their contributions? How are rules and procedures created and implemented within the editor community? Why do people spend time editing it?

I want to consider the Wikipedia article “Constitution of the United Kingdom” (to which synonyms such as “British constitution” are directed). This is worth doing for several different reasons. It is probably among the most read pieces of writing on the subject: what we know for sure is that it has been viewed 69220 times in the last 90 days. So far as I can tell, it has been written by amateurs rather than people with a professional or academic interest in the subject matter: as such, it provides a snapshot of a collective effort to capture what is regarded as important about the constitution. I want also to suggest that the quality of the article raises questions about the role of academics and other experts in promoting public understanding of the constitution.

The article’s history and contributors

The first version of the article was started in February 2003, two years after the launch of Wikipedia. During the ensuing 10 years, 564 distinct contributors have developed the article. It was set in motion by an editor known as “Jtdirl”, who describes himself as an Irish “cultural creative” and “postmodern idealist” who subscribes to the view that “This user does not believe Wikipedia takes the expertise and knowledge of academic contributors seriously enough”; but by October 2005, Jtdirl seems to have stopped editing the article, leaving it to others to carry on the work.

Another early editor of the article was “Deus Ex”, who seems to have stopped editing in 2005, explaining “I will not be active in Wikipedia editing for the foreseeable future. I cannot justify spending significant amounts of time on Wikipedia. I am also beginning to become frustrated by the lack of direction and progress – to become a truly reliable encyclopaedia, Wikipedia must have stable versions of important articles verified by qualified experts. … the problem with Wikipedia-in the current set up, it is simply not reliable enough to be considered an encyclopaedia”.

By far the most prolific contributor is “Grover Cleveland”, who to date has made 91 changes to the article. He contributes across a range of subject matter, including US politics and classical music. In all, ten contributors made ten or more “edits”; two appear to be lawyers though not specialists in public law. Several hundred more have made a small number of (often very minor) changes to the article.

Conclusion: the article is the work of non-experts.

Assessing the quality of the article

Wikipedia users are invited to rate articles using a widget at the end of the article. The “Constitution of the United Kingdom” receives relatively high scores as “trustworthy”, “objective”, “complete” and “well-written”. This is a generous assessment.

Any more detailed assessment has to recognise that the article is part of a cascade of linked articles. For example, devolution gets relatively light coverage in the article but there is a separate one on that subject. The article is, in places, historical in its approach though it fails to present a clear chronology of the development of the constitution.

It contains a number of erroneous statements or assertions that are misleading without qualification or further explanation: “Parliament has the power to determine the length of its term.” “By the Constitutional Reform Act 2005 [Parliament] has the power to remove individual judges from office for misconduct”. (Yes, but rather misleading). “However, as part of Parliamentary Sovereignty, Parliament could create new prerogatives if it so wished regardless”. “The Prime Minister is normally a member of the House of Commons.”

The balance of coverage in the article is lop-sided. There is discussion (twice) about the Church of England but the ECHR and Human Rights Act 1998 is relegated to a passing reference in a paragraph towards the end under the heading “Other constitutional reforms”.

The article would not pass a peer review process for an academic journal and nor would it receive a good mark as an undergraduate essay (though I suspect it has been cut and pasted into some over the years). But those, of course, are not fair points of comparison.

Conclusion: the article, like many of those linked to it, could be much better than it currently is.

Promoting public understanding of the UK constitution

Academics and other experts from time to time attempt to promote public understanding of the British constitution. This can be done through books (there are some valuable contributions in the New Oxford Companion to Law (OUP 2008), edited by Peter Cane and Joanne Conaghan; and Hilaire Barnett’s Britain Unwrapped: Government and Constitution Explained (Penguin 2002) would be another example). The cost and lack of immediate access to books, however, put them at a disadvantage in the digital age.

Another avenue is that taken by The Constitution Society, whose website (see here) is its main educational resource: it contains some imaginative and well-designed ways of communicating facts and ideas about the constitution.

What I want to suggest is complementary to these attempts to promote public understanding: that people with expertise on aspects of the British constitution contribute to articles on Wikipedia. A coalition of the willing could, relatively easily, improve and develop the amateur efforts of the past 10 years.

Who will join me? I’ve made a few forays in Wikipedia (always using my real name). I’ve improved Stanley de Smith’s biography. In 2011, I rewrote and expanded the article on “Law of Jersey” and related articles. I made early contributions to the article “Supreme Court of the United Kingdom”. Wikipedia is not a place for preciousness: one’s carefully crafted sentences can be hijacked modified by unknown contributors; irrelevances (to my mind) introduced; some dubious assertions tacked on. But if one accepts that writing for Wikipedia is more like standing on a soapbox addressing a crowd than a contribution to a highly refined academic debate, it’s possible to make it a better read. And that’s the point: people, in their tens of thousands, do read Wikipedia. If those of us with expertise want to reach them, then let’s roll up our sleeves and get stuck in to editing.

 Andrew Le Sueur is co-convenor of the UK Constitutional Law Group, a member of the executive committee of the International Association of Constitutional Law and Professor of Public Law at Queen Mary, University of London.

 Suggested citation: A. Le Sueur ‘Wikipedia on the British constitution’ UK Const. L. Blog (27th January 2013) (available at http://ukconstitutionallaw.org)

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Events of interest to UKCLG members and blog readers …

  1. Statute Law Society lecture: Jonathan Swift QC, ‘Constitutional Statutes: Construction and Legal Adjudication’. Monday 28 January 2013, 6-7 pm, Institute of Advanced Legal Studies, London.
  2. European and National Constitutional Law Closing Conference: ‘The European Constitution is best perceived as a composite Constitution, comprising constitutional rules and principles developed at European level, complemented by (common) national constitutional rules and principles as well as those from other sources such as the ECHR and international law. Crucially, European as well as national law are involved in defining a European constitutional law’. The ERC-funded European and National Constitutional Law (EuNaCon) project (2008 – 13) was set up to better understand and improve the body of knowledge on the national component of Europe’s composite Constitution. As such, national constitutional traditions and principles have been analysed and compared in four key areas of constitutional law, and the insights obtained have been used to formulate a better understanding of Europe’s composite Constitution. EuNaCon marks its successful conclusion with a Closing Conference that takes place between 20-22 February 2013 in Maastricht, The Netherlands.

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Event reminder: Neil Walker’s 2012 “Public Law” lecture, Thursday, Queen Mary, Mile End, 6.30 pm

Details here http://ukconstitutionallaw.org/2012/10/15/event-invitation-to-the-2012-public-law-lecture-thursday-6-december-2012-at-6-30-pm/ CPD accredited.

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Conor Gearty: Reflections on Purpose

Twenty years ago the brilliant political scientist Brendan O’Leary wrote a pugilistic article in the Oxford Journal of Legal Studies, pithily entitled ‘What Should Public Lawyers Do?: (1992) 12 OJLS 404.  O’Leary was thinking about the challenge of inter-disciplinarity and of how much any of us can risk gambolling across fields without making obvious the fact that we are not nearly as well-informed/well-read as we like to pretend. Disciplines not only frame how we write; they also guide us to what we should (need to) read.  They pigeon-hole us for a purpose that we ignore at our peril.

All as true now as it was then.  But right now I am not so bothered by inter-disciplinarity as I am by the even broader question – not of what but of where public lawyers should be writing.

I remember 1992 well.  A public lawyer wrote books and ‘learned’ articles and every now and again might, exceptionally, get something into a newspaper of an upmarket generalist journal (the TLS say or the LRB) – a day warranting great rejoicing and the purchase of multiple copies for family and friends.

That was it, more or less.

Now consider today: where should public lawyers write? There are a multiplicity of additional platforms – blogs like this one; virtual newspapers (Guardian Unlimited) and journals as well (an electronic LRB); personal web sites and blogs; Facebook; and – of course – Twitter.  As they feel their way to an effective business model, traditional print outlets offer virtual space with almost gay abandon while being clear that they will pay nothing or next to nothing to those who fill it. New outlets freed of the constraints of print create virtual intellectual sweatshops that academics queue up to join – at The Huffingdon Post it is called pitching a blog.  Even the august British Academy asks its FBAs to blog these days.

Far from opposing such developments, the universities collude in them.  Not only departments and subject areas but also various cross disciplinary initiatives seek 800 words on this or that to appeal to the wider community.  While universities know they need scholarship which jumps the necessary  hoops for the REF their heart is in impact – that Holy Grail of evidence of engagement with the ‘real’ world,  a place where few believe these days that any kind of serious scholarship truly belongs.

Here is the paradox that afflicts all in higher education today: the more scholarship there is and the better its quality, the less confident anyone is about its importance.

So what should we all do about these new media? Of course they are particularly attractive to young academics who are the most actively engaged in them, but is there a cost?

On the plus side, most ideas can be said simply and succinctly and ‘journalistic’ writing of the sort insisted upon by new media encourages this.  My first newspaper articles were done under the benevolent guidance of an editor who gently insisted on a style that was not only informed (the point, after all, of asking me to write in the first place) but also clear and decisive in its delivery of its ideas as well.  New media remind us that clarity is not an optional extra in the delivery of knowledge, it is part of what knowledge is.

New media also force us to think much more deliberately about audience, something we so rarely do in serious scholarship.  Maybe this is because in our heart of hearts, we think there is no audience at all for such work, but the one way to guarantee this is true is never to think about who might be reading what we say.

And new media help ‘big us up’, swirl some noise around us, make us seem to matter.  A similar kind of breakthrough occurred when I was starting out as an academic.  This was 24 hour television news, CNN and later BBC News 24.  People remembered for months you were on, even if they hadn’t a clue what you might have been saying.  And as with new media being on was enough. You were no longer just another obscure scholar, you were ‘out there’ and therefore desirable.  Profile helps with promotion and gets you pay rises, part of the same systemic lack of confidence in scholarship that makes impact seem so important.

Public lawyers are especially available in this world of instant-comment.  Our stuff keeps coming up – prisoners’ votes; Scotland in the EU; a bill of rights for Britain; the removal of this or that suspected terrorist to a nasty ally; the list of potential virtual comment is virtually endless.  And there are our subject blogs as well, places like this where it is good to be seen and important also to be able to help out.

So what is the downside?

Well obviously there is the time factor.  One 700-800 word essay every now and again is one thing, an essay of that sort every other day quite another.  Not to mention updating your personal web site (how many future events are in fact years long past?) and remembering to keep an eye on Twitter (the never-ending Twitter where new messages pour in as you produce your latest brilliant, debate-defining Tweet, requiring yet more spontaneous brilliance if you are to keep up).

But it is more than the time.  It is the attitude that the world of Twitter/blog generates that is its real danger.

If the moment counts for so much can anything other than that moment every count at all?

Every working day brings some excitement in public law.  The Twitter/Blog mind embraces the daily frenzy, scans the raw material to hand and produces an instant judgment – as though its owner were some kind of perpetually available law specialist on Radio 5 Live.   The old fashioned hard work – quiet; library-based; thoughtful –  that made the writer/speaker an expert in the first place gradually drifts off the daily agenda. At first because of time constraints and then – well – because it’s boring, like returning to decaff coffee after an espresso.  Twitter/Blog erodes our confidence in the deeper stuff without which we would never have become experts in the first place.

Earlier this year I went off Twitter/blogging/Facebook pretty well entirely for about three months. My sabbatical from the frenzy of the moment was to allow me to finish a couple of writing projects. I needed distance from today not only to save time but also so that I could properly persuade myself that writing about more than the immediate was worth doing. I needed this respite care from new media in order to recover my confidence in what mattered and to relearn how to engage with difficult concepts in an in-depth and well-referenced way.

Now I am back. Short pieces; no footnotes; no worries about anonymous review; lots of sounding off on this or that; plenty of attention – what fun!

Conor Gearty is Professor of Human Rights Law, LSE, and a Barrister at Matrix Chambers.

Suggested citation: C. Gearty, ‘Reflections on Purpose’ UK Const. L. Blog (12th November 2012) (available at http://ukconstitutionallaw.org).

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News: Scotland’s Constitutional Futures Forum Launched

The Scottish Constitutional Futures Forum is an initiative of academics from five Scottish Law Schools- those of the Universities of Aberdeen, Dundee, Edinburgh, Glasgow and Strathclyde.

It has been set up to address the wide range of issues bearing upon the constitutional choice facing the people of Scotland today. We have a unique opportunity to debate and decide Scotland’s constitutional future in a manner that is inclusive, well-informed and open-minded.  But for this to happen we need to ensure the circulation of information and the discussion of ideas is not confined to the official campaigns and their party political backers. Our Forum plans to contribute to this wider process.

Over the next two years we will host regular discussions of the key constitutional questions which arise. Is the referendum the right way to proceed? Have we correctly identified the key constitutional options? What happens to defence, currency, social citizenship or human rights under independence or enhanced devolution?  What new or amended political institutions – parliamentary, executive or judicial – would we need in a constitutionally renewed Scotland? We will debate these and many other questions in a way which draws upon comparative expertise and experience, in so doing involving and engaging with a wide range of Scottish groups and interests.”

The SCFF website also provides resources for those seeking to be informed about the ongoing constitutional debate, and, via our blog, up-to-date commentary on the unfolding issues.  Please visit:

 http://www.scottishconstitutionalfutures.org

for details of forthcoming events and to read the opening blog post by  Professor Alan Page from the University of Dundee.

The founding members of the forum are Professor Paul Beaumont, University of Aberdeen, Professor Aileen McHarg, University of Strathclyde, Professor Alan Page from the University of Dundee , Professor Tom Mullen, University of Glasgow, and  Professors Christine Bell , Stephen Tierney and Neil Walker,  all of the University of Edinburgh.

Professor Neil Walker from the University of Edinburgh said: ‘This is an exciting and timely initiative that we are very pleased to be involved in. We hope it will make a contribution to the debate, as it is important that Universities bring their particular resources and knowledge to bear on this crucial issue that, whatever the result, will dominate and shape the politics of Scotland’s future for some time to come.’

Professor Aileen McHarg from the University of Strathclyde added: ‘We think that the Scottish universities and the Law schools in particular, have an important role in ensuring that our debate is worthy of the constitutional moment. We welcome the participation of all who share our commitment to an open and non-partisan process.’

Professor Paul Beaumont from the University of Aberdeen said: ‘We don’t want the debate to occur only in the central belt and we will be hosting two public events in Aberdeen on two key areas where expert analysis will help voters to make an informed decision in the independence referendum in 2014: first, what status would an independent Scotland have in the European Union and second, what was the constitutional nature of Scotland before it became part of the United Kingdom in 1707 and why did the Union take place?’ 

Professor Tom Mullen, University of Glasgow said: ‘It is crucial that the people of Scotland are able to make an informed choice about how they will be governed in future. There is a real need for a forum in which information can be provided and the key constitutional and legal issues can be discussed free from party politics. The SCFF will meet that need.’

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August Break

We are off on our summer break.  We wish everyone a nice, hopefully dry, vacation, and the blog will return in September.

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