Tag: Bill of Rights 1689
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Anne Twomey: Article 9 of the Bill of Rights 1688 and Its Application to Prorogation
In the wake of Miller (No 2), it has been contended in the media that prorogation ‘has always been treated as a “proceeding in Parliament”’ and hence protected from judicial review by article 9 of the Bill of Rights 1688. The allegation is that in Miller (No 2), the Supreme Court overturned over 300 years…
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Sam Fowles: Cherry/Miller: What’s Next?
Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of…
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Robert Craig: The Peter Hain Case: The Effect of Article IX
Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the…
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Jelena Gligorijevic: Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege
Two days after the Court of Appeal granted an interim injunction restraining reportage of harassment allegations against a high-profile businessman (ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329), Lord Hain named the individual involved, in the House of Lords under parliamentary privilege. This enabled the media to identify him in their reporting on…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union
Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week. The first section sets out…
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Alexander Horne and Oonagh Gay: Ending the Hamilton Affair?
Article 9 of the Bill of Rights 1689 has been the subject of a variety of legal challenges. The Article, which provides (in modern parlance) that: “the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament” is usually considered to…