Tag: international treaties
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Roger Masterman: Reasserting/Reappraising Dualism
Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the concept of parliamentary sovereignty, the notion of dualism is ‘based on the proposition that international law and domestic law operate in independent spheres’ and that interaction between those spheres is formally contingent – in the forum of…
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Tim Cochrane: The Impact of the CLOUD Act Regime on the UK’s Death Penalty Assurances Policy
This post discusses the impact of the new CLOUD Act international data sharing regime on the UK’s death penalty assurances policy. This regime—named after its enabling US legislation, the Clarifying Lawful Overseas Use of Data Act—is due to come into force in July 2020 following the signing of a bilateral US–UK agreement in October 2019…
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Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Parliamentary Scrutiny of Treaties
The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in relation to the Withdrawal Agreement that the UK Government is seeking to enter into with the European Union. That role arises from section 13 of the European Union (Withdrawal) Act 2018…
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Sam Fowles: The Trade Bill 2018: A Step Towards Parliamentary Control of Treaty Making?
The Trade Bill 2017-19, currently undergoing its second reading in the House of Lords, marks a significant step in the evolution of the UK’s constitution in that it gives Parliament a greater say in the making of international trade agreements (“ITA”) than ever before. Constitutional law and international trade are rarely spoken of in the…