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  • Charon QC podcast: Home Secretary v AF

    Carl Gardner
    June 13, 2009

    Charon interviewed me this morning about Wednesday’s House of Lords judgment in Home Secretary v AF, in which they ruled, applying the ECtHR judgment in A v UK, that there is a breach of […]

    Tags: charon qc, control orders, human rights, podcasts, terrorism
  • Reporting crime

    Carl Gardner
    June 4, 2009

    I must post briefly on something that’s annoyed me: George Alagiah just said, summarising the day’s headlines on BBC News, that the murderers Sonnex and Farmer were sentenced to 40 and 35 years respectively. They weren’t. They were sentenced to […]

    Tags: crime
  • Vodafone 2 v HMRC

    Carl Gardner
    June 4, 2009

    I’m quite interested in the Court of Appeal’s recent decision in this tax case, about Vodafone’s attempt to structure its takeover of Mannesman in the most tax-efficient way, using a Luxembourg-registered holding company to take advantage of lower rates […]

    Tags: eu law, human rights, interpretation, tax
  • Toying with the constitution

    Carl Gardner
    June 3, 2009

    Chris Hawes at The Wardman Wire has written an excellent piece today on constitutional reform arguing against some of the fads of the moment, like proportional representation and fixed-term parliaments. I’ve already written about fixed terms; and I […]

    Tags: constitution, parliament, parliamentary sovereignty
  • Mrinal Patel and the Fraud Act 2006

    Carl Gardner
    June 2, 2009

    You may remember that last week Mrs. Patel appeared at Harrow Magistrates’ Court; she’s being prosecuted by Harrow Council under section 2 of the Fraud Act 2006, the accusation being that she gave a false address in order […]

    Tags: crime, education, fraud
  • Thoughts on Proposition 8

    Carl Gardner
    June 1, 2009

    Last Tuesday, the California Supreme Court decided to uphold “Proposition 8”, an amendment to the state’s constitution passed by a referendum last November. Here’s the opinion, and a press release summarising it. Proposition 8 amends the constitution so […]

    Tags: family, marriage, sexual orientation
  • Fixed-term Parliaments: not the answer

    Carl Gardner
    May 28, 2009

    One of the strangest aspects of the MP’s expenses scandal has been the way politicians have tried to move public discussion on to questions of sweeping constitutional reform. It seems to me it was the greed of MPs themselves – […]

    Tags: constitution, elections, parliament
  • R (Smith) v Defence Secretary: a judicial frolic

    Carl Gardner
    May 28, 2009

    Since last week’s judgment in Smith – in which the Court of Appeal ruled that the Human Rights Act, in particular article 2, applies to British troops even on the battlefield, I’ve been thinking about the judgment […]

    Tags: article 2, defence, human rights
  • The Speaker: wholly inadequate

    Carl Gardner
    May 18, 2009

    The Speaker’s statement today was an embarrassing affair: he read an apology to the public over MPs’ expenses, saying words that seemed not to come from his heart. He then said he’d act by summoning yet another meeting, weeks if […]

    Tags: parliament
  • Charon QC podcast: MPs’ expenses and the Speaker

    Carl Gardner
    May 14, 2009

    Charon interviewed me today about the MPs’ offences scandal – including potential criminal liability under the Fraud Act 2006 – and about the Speaker’s decision to call in the police, not to investigate MPs’ claims but astonishingly to investigate […]

    Tags: charon qc, crime, parliament, podcasts
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