scholarly journals Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context

2020 ◽  
Vol 16 (4) ◽  
pp. 625-646
Author(s):  
Mark Elliott
Keyword(s):  
United Kingdom ◽  
European Convention ◽  
Unexpected Events ◽  
Constitutional Politics ◽  
The United Kingdom ◽  
Scottish Parliament ◽  
Scottish Independence ◽  
The Uk ◽  
Constitutional Adjudication ◽  
Default Setting

For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned reforms, such as the enactment, in the late 1990s, of legislation to give domestic effect to the European Convention on Human Rights and to introduce devolved systems of government in Scotland, Wales and Northern Ireland. In contrast, more recent upheaval is attributable to often unexpected reactions to often unexpected events. For example, legislation making substantial changes to the devolution scheme in Scotland – providing, among other things, for the constitutional permanence of the Scottish Parliament and Government – was enacted to implement panicked promises made by UK politicians in the dying days of the Scottish independence referendum campaign, at which point a vote in favour of independence seemed a distinct possibility. And then, needless to say, there is Brexit – about which it is almost impossible to be guilty of hyperbole when describing its constitutional implications, so numerous and potentially far-reaching are they.

The Annals of the Parish: Referendum Year 2014

2015 ◽  
Vol 24 (1) ◽  
pp. 1-21
Author(s):  
Eberhard Bort
Keyword(s):  
United Kingdom ◽  
Power Relations ◽  
Status Quo ◽  
Democratic Participation ◽  
Top Down ◽  
The United Kingdom ◽  
Scottish Parliament ◽  
National Conversation ◽  
Scottish Independence

The decisive No vote in the Scottish independence referendum on 18 September 2014 was not a vote for the constitutional status quo, although it confirmed that Scotland would remain part of the United Kingdom. The referendum outcome is likely to have far-reaching consequences for the power relations between London and Edinburgh and, perhaps more than expected, for the constitutional future of the entire UK. A tight timetable for the delivery of extra powers for the Scottish Parliament is in place, and the ‘elephant in the room’, the constitutional status and governance of England, is now firmly on the agenda. There is also pressure for decentralisation in Scotland itself. And the huge ‘democratic awakening’ which characterised this ‘national conversation’ about Scotland's future, with massive democratic participation and a record turnout, demands that these changes will have to be brought about in a participative way – and not ‘top-down’, as a Westminster or Holyrood ‘stitch-up’.

scholarly journals ABORTION IN NORTHERN IRELAND AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS: REFLECTIONS FROM THE UK SUPREME COURT

2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Northern Ireland ◽  
Supreme Court ◽  
International Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Supreme Court ◽  
Uk Supreme Court ◽  
The Uk

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.

EU-UK deal allows Cameron to campaign against Brexit

2016 ◽  
Keyword(s):  
United Kingdom ◽  
Prime Minister ◽  
Transition Period ◽  
David Cameron ◽  
Content Type ◽  
The United Kingdom ◽  
Eu Membership ◽  
Scottish Independence ◽  
The Uk ◽  
The Eu

Subject The package of reforms on a new EU-UK relationship. Significance The agreement between the United Kingdom and its EU partners sets the stage for the UK referendum on EU membership, which Prime Minister David Cameron has set for June 23. Cameron said he had negotiated new terms that would allow the United Kingdom to remain in the EU. Impacts The deal bolsters the campaign to remain in the EU, but the referendum outcome is still highly uncertain. The deal will only come into effect if the outcome is for remaining, forestalling a second referendum for better terms. If the outcome is for leaving, a new relationship with the EU would have to be negotiated during a two-year transition period. It would also probably lead to a second Scottish independence referendum and UK break-up.

17. Freedoms and liberties in the United Kingdom

2020 ◽  
pp. 407-450
Author(s):  
Neil Parpworth
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Civil Liberties ◽  
European Convention ◽  
Bill Of Rights ◽  
Economic Rights ◽  
The United Kingdom ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Uk

This chapter is concerned with how freedoms and liberties might be protected in the UK. It begins with an attempt to distinguish between human rights and civil liberties, whilst recognizing that this is by no means a straightforward task. It then covers political and social or economic rights, the traditional means of protecting civil liberties in the UK, the European Convention on Human Rights, the incorporation of the Convention into English law, and judicial deference/discretionary areas of judgment. The Human Rights Act 1998 is reviewed from a protection of rights perspective. Finally, the question of a Bill of Rights for the UK is considered.

Support for Private Members’ Bills in the United Kingdom and Japan

2019 ◽  
Vol 41 (3) ◽  
pp. 304-319
Author(s):  
Shota Moriue
Keyword(s):  
United Kingdom ◽  
Northern Ireland ◽  
Quality Standards ◽  
National Assembly ◽  
The United Kingdom ◽  
Scottish Parliament ◽  
The Uk ◽  
The Way

Abstract It is a common arrangement in different legislatures that individual members who are not ministers can bring forward bills (private members’ bills), but the drafting of a bill may involve certain technicalities that are usually outside their knowledge. How, then, do legislators prepare the text of private members’ bills? This article presents the way in which support is provided to those members who seek to introduce their bills in the UK Parliament, the Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly, and the National Diet of Japan. It then discusses two common challenges for such support: how to avoid the risk that demand will outstrip supply and how to make sure that the drafting of private members’ bills meets the quality standards (if any).

scholarly journals Deportation on the Basis of Diplomatic Assurances : Permissible under the European Convention on Human Rights? : a Critical Analysis of the Judgment of the ECtHR in Abu Qatada v the United Kingdom (2012) and Its Impact on the Jurisprudence of the ECtHR

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Critical Analysis ◽  
European Convention ◽  
Background Information ◽  
Counter Terrorism ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Case Basis

<p>Inspired by the recently concluded litigation seeking to deport the radical Islamic preacher Abu Qatada from the UK to Jordan, this paper aims at examining the 2012 judgment of the ECtHR by focusing on the question under which circumstances a deportation with diplomatic assurances (DWA) may be permissible under the European Convention on Human Rights. Relevant background information will be provided concerning the interplay of the use of the DWA policy and the European Convention on Human Rights as well as concerning the particular circumstances that led to the ECtHR’s ruling in Abu Qatada. In the following analysis of the judgment, the focus will be on the interplay of the DWA policy and the European Convention on Human Rights with special regard to art 3 and art 6 of the Convention. Finally, the impact of this judgment on the future jurisprudence and the DWA policy will be shown. In the light of this judgment, it will be argued that the counter terrorism means of deporting a non-national terrorist suspect with diplomatic assurances seems to be compatible with the Convention if the diplomatic assurances given guarantee a sufficient protection of the human rights of the transferee, which due to the uncertain effects of the DWA policy, still has to be decided on a case-by-case basis.</p>

scholarly journals A COMPARATIVE ANALYSIS OF THE PRACTICE OF THE UNITED KINGDOM AND MALAYSIA IN RESPECT OF FREEDOM OF EXPRESSION

2011 ◽  
Author(s):  
Nazli Ismail @ Nawang
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
International Law ◽  
Freedom Of Expression ◽  
Great Influence ◽  
European Convention ◽  
International Treaties ◽  
The United Kingdom ◽  
The Uk ◽  
The Right

International law, particularly treaties on human rights, has great influence on the development of the right to freedom of expression. The application of international treaties is very much dependant on the constitutions of individual countries and these constitutions to a large extent are dissimilar from one to another. The position in the United Kingdom is relatively unique since the country has no codified written constitution to safeguard the fundamental right to freedom of expression and as a result it was regarded as residual in nature. Nonetheless, the provisions of the international treaties, particularly the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) have altered this position and accordingly freedom of expression has been formally incorporated into the UK law via the Human Rights Act 1998 (HRA). Meanwhile, the international human rights treaties is considered to have less influence in Malaysia arguably since the country has a written constitution (the Federal Constitution) that contains a specific part on fundamental liberties including the right to freedom of expression. Keywords: International law, treaties, freedom of expression.

Perpetuating Britishness

2015 ◽  
Vol 14 (6) ◽  
pp. 729-750 ◽  
Author(s):  
Ewan Crawford
Keyword(s):  
Political Parties ◽  
Political Leaders ◽  
Content Type ◽  
Discursive Strategies ◽  
The United Kingdom ◽  
Scottish Parliament ◽  
Decision To Stay ◽  
Scottish Independence ◽  
The Uk ◽  
British State

In 1999 a devolved Scottish Parliament was established within the United Kingdom following a referendum two years earlier. The current governing party in that Parliament – the SNP – held a referendum on Scottish independence in September 2014, which resulted in a decision to stay within the UK. However, during the referendum campaign promises were made by the main UK parties to transfer further power away from the British Parliament at Westminster to the Scottish Parliament in the hope this would satisfy demands for greater self-government in Scotland. This paper analyses the rhetoric of the leaders of Britain’s two main political parties in an effort to detect strategies used to construct and perpetuate Britishness in the context of devolution and a threat to the British state. It finds a number of discursive strategies deployed to promote unity and difference to (non-British) others. It also suggests the apparent need by British political leaders to deploy such British-constructivist strategies involves avoiding even acknowledging the reality of a major constitutional reform such as devolution and therefore political difference between the nations of the UK.

United Kingdom

2021 ◽  
pp. 89-108
Author(s):  
Christian Leuprecht
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
European Convention ◽  
Intelligence Community ◽  
State Security ◽  
The United Kingdom ◽  
Accountability System ◽  
European Court ◽  
Legal Challenges ◽  
The Uk

The United Kingdom’s intelligence accountability system reviews and oversees the Five Eyes’ oldest intelligence and security community. Her Majesty’s intelligence community illustrates the challenge of managing the tension between state security with human security: a cycle of reform driven in an attempt to (re)gain the trust of a sceptical UK public and in response to technological progression. Over the course of the last century, the UK and its intelligence and security agencies (ISAs) assisted other Five Eyes members in establishing their own ISAs, while its cycle of reform has had equally important ramifications for driving innovation in intelligence accountability across the Five Eyes community. Controversies have undermined the prospect for public trust on which the legitimacy of the UK’s intelligence community ultimately depends. Changes from the initial focus on general administrative and executive review and oversight were driven by domestic and transnational legal challenges. The European Convention on Human Rights and the European Court of Human Rights have had a notable impact on security and intelligence in the United Kingdom. The chapter reviews the member organizations of the UK’s intelligence community, the strategic environment that has informed intelligence and accountability in the UK, national security threats from the vantage point of the UK, and the UK’s intelligence accountability architecture: the Investigatory Powers Commissioner and Judicial Commissioners Office, the Investigatory Powers Tribunal, the Intelligence and Security Committee composed of members of both Houses of Parliament, and the Independent Reviewer of Terrorism Legislation.

scholarly journals Deportation on the Basis of Diplomatic Assurances : Permissible under the European Convention on Human Rights? : a Critical Analysis of the Judgment of the ECtHR in Abu Qatada v the United Kingdom (2012) and Its Impact on the Jurisprudence of the ECtHR

2021 ◽  
Author(s):  
◽  
Bernadette Sangmeister
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Critical Analysis ◽  
European Convention ◽  
Background Information ◽  
Counter Terrorism ◽  
The United Kingdom ◽  
The Uk ◽  
The Impact ◽  
Case Basis

<p>Inspired by the recently concluded litigation seeking to deport the radical Islamic preacher Abu Qatada from the UK to Jordan, this paper aims at examining the 2012 judgment of the ECtHR by focusing on the question under which circumstances a deportation with diplomatic assurances (DWA) may be permissible under the European Convention on Human Rights. Relevant background information will be provided concerning the interplay of the use of the DWA policy and the European Convention on Human Rights as well as concerning the particular circumstances that led to the ECtHR’s ruling in Abu Qatada. In the following analysis of the judgment, the focus will be on the interplay of the DWA policy and the European Convention on Human Rights with special regard to art 3 and art 6 of the Convention. Finally, the impact of this judgment on the future jurisprudence and the DWA policy will be shown. In the light of this judgment, it will be argued that the counter terrorism means of deporting a non-national terrorist suspect with diplomatic assurances seems to be compatible with the Convention if the diplomatic assurances given guarantee a sufficient protection of the human rights of the transferee, which due to the uncertain effects of the DWA policy, still has to be decided on a case-by-case basis.</p>

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