legislation

The Department of Health’s legal response to 38 Degrees

September 6, 2011

Guido Fawkes today drew attention to two responses by Conservative MPs to the legal opinion published by 38 Degrees about the Health and Social Care Bill – one by Stephen Phillips, and another by Guy Opperman. But the Department of Health has also published its own response – no doubt written by the lawyers working [...]

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The EU Bill in the European Scrutiny Committee

November 25, 2010

Bill Cash’s European Scrutiny Committee of the Commons is looking at the EU Bill, and in particular is considering very closely clause 18, William Hague’s “national sovereignty clause”, which I’ve written about before. If you’re as interested as I am in this clause and the relationship between EU law and our own constitution, you’ll want [...]

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The “national sovereignty” clause: broken belt and braces

November 11, 2010

William Hague introduced his European Union Bill in the Commons today, and it will have its second reading as early as tomorrow – a debate that will no doubt be a treat. Much of the bill makes provision to require referendums before the UK can agree to treaty change conferring new power on the EU, [...]

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Charon QC podcast: William Hague’s “National Sovereignty” Clause

October 8, 2010

I know I’ve been away a few weeks – we all need a blog break occasionally – but I’m back with a bang, with a piece at the Guardian Law website yesterday on William Hague’s proposed “national sovereignty” clause, which he intends to put before Parliament in his EU Bill later this year to “reaffirm [...]

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The Law Commission, regulation and civil sanctions

August 27, 2010

I wrote yesterday at Guardian Law about the Law Commission’s new consultation paper on Criminal Liability in Regulatory Contexts, which has been reported as proposing the repeal of minor criminal offences: The alternative approach proposed by the Law Commission is no soft option – and no civil libertarian’s utopia, either. Relying on the existence of [...]

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That American stem cell ruling

August 25, 2010

On Monday Federal District Judge Lamberth gave a surprising ruling in Sherley v Sebelius, handing down an injunction preventing new US health guidelines on human stem cell research, drawn up on President Obama’s instructions, from being given effect on the basis that they breach legislation that prohibits the use of federal funds for research in [...]

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Proposition 8, again

August 5, 2010

Every summer I seem to write about gay marriage in California. At least, I did in 2008, then in 2009, and now I’m at it again. Because Judge Walker of the US District Court has ruled, in Perry v Schwarzenegger, that Proposition 8 breaches the “due process” and “equal protection” clauses of the US Constitution. [...]

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Lap-dancing clubs and human rights

April 21, 2010

I’ve written at Comment is Free today about the threat, made by lap-dancing club owners, to use the Human Rights Act to challenge the new legislation regulating them: It’s difficult to argue that firms should never enjoy convention rights – if they didn’t, media organisations like the Guardian would be unable to enforce freedom of [...]

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The Tory legal bits

April 14, 2010

Following my post on the “legal bits” of the Labour manifesto, here’s my analysis of the most important Conservative proposals of particular legal interest. I warn you: this is a long one, and needs sub-headings. Constitutional law On the constitution, the Tories promise that A Conservative government will change the law so that never again [...]

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Balls on human rights

April 9, 2010

I was interested in a debate yesterday kicked off by Jessica Asato, writing at Left Foot Forward about the way Conservative opposition led to the government’s dropping provisions in the Children, Schools and Families Bill about personal, social and health education – sex and relationships education being its most controversial aspect. The plan had been [...]

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