Tag: UK Parliament
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Iain Jamieson: Altering the Effect of Section 28(7) of the Scotland Act 1998
This article suggests that the Supreme Court’s interpretation of section 28(7) has created such problems in relation to the legislative competence of the Scottish Parliament that the provision needs to be amended, repealed or qualified. Text The terms of section 28(7) appear innocuous. Section 28(1) confers power on the Scottish Parliament to make laws to…
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Adam Tucker: The Rwanda Policy, Legal Fiction(s), and Parliament’s Legislative Authority
Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends…
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Tarun Khaitan: An Elected Second Chamber? Some Thoughts on the Brown Report
One of the key recommendations of the Brown Commission is to replace the House of Lords with an elected second chamber called the Assembly of the Nations and Regions. The proposal has stimulated a broad debate. A key intervention in the debate was by the Speaker of the Commons, Lindsay Hoyle, who has argued against…
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Solon Solomon: The Northern Ireland Protocol Bill: A comparative perspective on the parliamentary role in the amendment of major international agreements
The discussion about the Northern Ireland Protocol Bill is not new. Back in 2020, in the Internal Market Bill, the UK Government brought forth its volition to unilaterally amend the conditions of its Brexit agreement with the EU and several pieces were written then on the issue. In the last few days, the UK Government has returned…
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Jack Alaric Simson Caird: A Code of Constitutional Standards
The Constitution Unit of University College London is today publishing a report which sets out a code of constitutional standards based on the reports of the House of Lords Select Committee on the Constitution. Since 2001 the Committee has made many recommendations in its reports, and the goal of this report was to codify these…