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  • Why Michael Gove should drop his Bill of Rights plans

    Carl Gardner
    May 9, 2016
  • Let’s have proper no-fault divorce

    Carl Gardner
    March 11, 2016

    MPs are due today to debate the principle of Richard Bacon MP’s No-fault Divorce Bill.

    What’s interesting about this bill is how very unradical it is. When we talk about “no fault divorce” most of us mean taking […]

    Tags: divorce, family, parliament
  • Gove can roll his own smoking ban:
    R (Black) v Justice Secretary

    Carl Gardner
    March 8, 2016

    Carsten ten Brink | CreativeCommonsDoes the smoking ban in public places apply to prisons? No, the Court of Appeal has said, in a judgment today. The ruling […]

    Tags: government, health, interpretation, legislation
  • What Boris told us about the “sovereignty plan”

    Carl Gardner
    March 7, 2016

    Boris MarrSince I wrote about David Cameron’s “sovereignty plan”, it seems to have been forgotten. It’s clear the idea was aimed at keeping politicians in the Remain camp, and has failed.

    Tags: constitution, eu law, parliamentary sovereignty, UK Supreme Court
  • What is Parliamentary sovereignty, anyway?

    Carl Gardner
    February 23, 2016

    Albert_Venn_Dicey_in_academic_robes - Version 2As we await David Cameron’s sovereignty plan this week, it might help to explain what we mean by “Parliamentary sovereignty”.

    When we talk about Parliamentary sovereignty, we don’t mean a general notion […]

    Tags: constitution, eu law, human rights, US constitution
  • Cameron’s sovereignty plan: what to hope for, and what to fear

    Carl Gardner
    February 21, 2016

    Cameron on MarrDavid Cameron’s EU deal has been published. But there’s a missing piece of his jigsaw: a “sovereignty plan” that he hoped would reassure waverers like Boris Johnson. On […]

  • The UN working group’s Assange opinion

    Carl Gardner
    February 5, 2016

    Here’s the opinion of the UN working group on arbitrary detention, which has concluded that Britain and Sweden have arbitrarily detained Julian Assange. It calls on both countries to release him, and pay him compensation.

    Tags: assange, crime, extradition, human rights, international
  • Julian Assange’s submission to the UN working group

    Carl Gardner
    February 4, 2016

    We awoke to the extraordinary news that Julian Assange had announced he’d leave the Ecuadorian embassy in London tomorrow and submit to arrest if the UN working group on arbitrary detention turned down his complaint to […]

    Tags: assange, bail, counter-terrorism bill, crime, extradition, human rights, international
  • Miranda: the Court of Appeal’s interpretation of “terrorism”

    Carl Gardner
    January 19, 2016

    I’ve already criticised what I think is a fundamental contradiction undermining the Court of Appeal’s judgment in the Miranda case. But there’s another aspect of the judgment that I must mention, which may well be of more lasting […]

    Tags: Court of Appeal, freedom of expression, human rights, interpretation, judicial review, terrorism
  • The self-contradictory Miranda appeal ruling

    Carl Gardner
    January 19, 2016

    I’ve been following for some time David Miranda’s challenge to the lawfulness of his questioning at Heathrow airport in 2013. I wrote shortly after his detention; I covered his application for an injunction;

    Tags: Court of Appeal, freedom of expression, human rights, judicial review, terrorism
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