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  • No to 55%

    Carl Gardner
    May 12, 2010

    The new government is only a day old, and already it’s engaging in constitutional whimmery, even though its formation and existence proves the value and robustness of the constitution we have. The coalition agreement (Part 6, page 3) says […]

    Tags: constitution, government, parliament
  • Who’ll be the new Attorney?

    Carl Gardner
    May 11, 2010

    As I write, David Cameron is the new Prime Minister forming a government that probably will be a coalition – but we’re not yet sure, quite. I type while watching the BBC’s Newsnight and waiting to hear confirmation that Liberal […]

    Tags: attorney general, government
  • Cameron’s new constitutional whim

    Carl Gardner
    April 24, 2010

    I agree with the point David Cameron makes about hung Parliaments and coalition politics: the problem with them, and the proportional representation that would all but require them, is that they result in politicians, not the voters, deciding who […]

    Tags: constitution, government, parliament
  • Charon QC podcast: arresting the Pope, is legislation invalid, and a hung Parliament – who gets to be PM?

    Carl Gardner
    April 16, 2010

    Charon QC interviewed me this afternoon as part of his “20 minutes” series of podcasts. First we spoke about arresting the Pope following my post earlier today. The we moved on briefly to discuss the former UKIP MEP Ashley […]

    Tags: charon qc, crime, government, house of lords, international, parliament, podcasts, religion
  • The Tory legal bits

    Carl Gardner
    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 […]

    Tags: crime, discrimination, education, employment, europe, government, house of lords, human rights, immigration, legislation, lisbon treaty
  • Balls on human rights

    Carl Gardner
    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 […]

    Tags: children, education, government, human rights, legislation, parliament
  • Sion Simon, Keith Vaz and Law Officers’ advice

    Carl Gardner
    January 6, 2010

    The DCMS minister Sion Simon has been speaking for the government in the Commons this afternoon, and is in an embarrassing situation: it appears that government lawyers have advised that the Video Recordings Act 1984 should have been notified to […]

    Tags: attorney general, government, legislation, parliament
  • Binyam Mohamed – again

    Carl Gardner
    November 19, 2009

    Another week, another Binyam Mohamed judgment. This time, Thomas LJ and Lloyd-Jones J have decided to restore to their previous judgment the passages they redacted out at the request of the Foreign Secretary, who claims they’d endanger national […]

    Tags: government, human rights, judicial review, torture, united states
  • Binyam Mohamed: torture and secrecy; wood and trees

    Carl Gardner
    October 23, 2009

    Following on from my Charon podcast yesterday, I thought it might help to put my thoughts in writing about last Friday’s judgment. It might be farcical, except that it relates to the cruel treatment and possibly torture of a prisoner. […]

    Tags: government, human rights, inhuman treatment, international, judicial review, terrorism, torture, united states
  • Charon QC podcast: the Binyam Mohamed case

    Carl Gardner
    October 22, 2009

    I spoke to Charon QC this afternoon about last Friday’s judgment in R (Mohamed) v Foreign Secretary, in which the Administrative Court ruled that it should make public in its original judgment 7 paragraphs, consisting of 25 […]

    Tags: government, human rights, inhuman treatment, international, judicial review, terrorism, torture, united states
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