Tag: ministerial advice
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Dane Luo: The Church Appointments (Repeal of Discriminatory Provision) Bill 2026 and Constitutional Advice to the Sovereign
Prime Minister Andy Burnham has said that, while he is no longer a regular Mass-goer, he still professes the Catholic faith. His religious beliefs triggered the operation of s 18 of the Roman Catholic Relief Act 1829, which makes it unlawful for any person professing the Roman Catholic religion ‘directly or indirectly to advise [His]…
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Dane Luo: There is ‘Advice’ and then there is ‘advice’: The Constitutional Conventions on the Appointment of the Prime Minister
On 23 May 2025, the Court of Appeal held that the Conservative Party was not exercising a ‘public function’ for the purposes of s 6 of the Human Rights Act 1998 when it elected Liz Truss as party leader, who would go on to be appointed as the Prime Minister: R (Tortoise Media Ltd) v…
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David Stott: Ministerial Influence in Judicial Appointments – Taking Back Control?
Not since the Blair era has a government been so committed to a significant programme of constitutional reform as the Johnson government, but with very different objectives. The Blair government sought to modernise the constitution and, through the Constitutional Reform Act 2005, to formalise a separation of powers in respect of the judges by (i)…
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Stefan Theil: Unconstitutional Prorogation
Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the support of the House of Commons: all plans put forward again failed to command a majority. In a recent intervention, John Finnis has suggested that…