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  • We must say no to this bad Lords reform

    Carl Gardner
    June 29, 2012

    Walter Bagehot, in his high Victorian classic The English Constitution, wrote that

    the danger of the House of Lords certainly is, that it may never be reformed.

    Already the view’s been expressed that if you have a problem with the […]

    Tags: constitution, government, house of lords, parliament
  • Hunt’s handling of the NewsCorp-BSkyB deal was unlawful

    Carl Gardner
    April 25, 2012

    Yesterday’s big news was the relevation at the Leveson Inquiry of the e-mails from Frédéric Michel to his NewsCorp colleagues about his contact with Jeremy Hunt, or at least with Jeremy Hunt’s special adviser, while Hunt was preparing to […]

    Tags: constitution, government, judicial review, media law
  • Written constitutions: a warning from America

    Carl Gardner
    March 28, 2012

    The United States Supreme Court is currently hearing Department of Health and Human Services v Florida, in which President Obama’s Health Secretary Kathleen Sebelius is appealing the decision of a Federal Court of Appeals that the Patient Protection and […]

    Tags: constitution, health, legislation, US constitution, US Supreme Court
  • A pointless constitutional abuse

    Carl Gardner
    March 16, 2012

    By convention, the Queen grants Royal assent to legislation passed by the Lords and Commons. It’s only a constitutional convention that she does so: in other words, she does so because she herself, ministers, MPs and the public regard it […]

    Tags: constitution, health, house of lords, legislation, monarchy, parliament
  • Lady Hale’s injudicious speech

    Carl Gardner
    December 2, 2011

    Does Lady Hale wish she were still sitting in the House of Lords, rather than the Supreme Court? Earlier this week she gave a striking speech to the Law Centres Federation conference. She opened her remarks by saying

    It is not […]

    Tags: constitution, judges, legal aid
  • Brodie Clark’s tribunal claim – and Parliamentary privilege

    Carl Gardner
    November 10, 2011

    The Guardian is reporting today that Home Office legal advisers think Brodie Clark, the former senior civil servant at the Border and Immigration Agency, will win his employment tribunal claim against the Home Office. I find this slightly strange, […]

    Tags: constitution, employment, government, human rights, parliament
  • Lord Phillips doubts his own independence

    Carl Gardner
    February 9, 2011

    I never thought we needed a Supreme Court, myself. The Law Lords worked perfectly well as far as I was concerned. But we got one, the main justification for the increased expense being increased judicial independence. To me, this supposed […]

    Tags: constitution, government, parliament, UK Supreme Court
  • The EU Scrutiny Committee on the national sovereignty clause

    Carl Gardner
    December 8, 2010

    I don’t agree with Bill Cash, chairman of the committee, when he says

    It is essential that it is made clear that Parliament, is the ultimate authority, and not the Supreme Court of the Court of Justice of the EU […]

    Tags: constitution, eu law, parliament
  • The EU Bill in the European Scrutiny Committee

    Carl Gardner
    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 […]

    Tags: constitution, eu law, legislation, parliament
  • The “national sovereignty” clause: broken belt and braces

    Carl Gardner
    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 […]

    Tags: constitution, eu law, legislation, parliament
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