Category Archives: British Constitution

The Strange Saga Of The Information Commissioner’s Reappointment

On July 13, 2021, the following notice appeared in The London Gazette: THE QUEEN has been pleased by Letters Patent under the Great Seal of the Realm dated 9 July 2021 to re-appoint Elizabeth Anne Denham, to be the Information … Continue reading

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Should Ministers Be Appointed From Outside Parliament?

The Chancellor of the Duchy of Lancaster, Michael Gove, has made headlines by suggesting that ministers need not always be MPs or peers, something the Commission for Smart Government also mooted in a recent discussion paper. While outsiders can make … Continue reading

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Boris Johnson And Section 18 Of The Roman Catholic Relief Act 1829

Boris Johnson married his partner Carrie Symonds at Westminster Cathedral over the weekend. According to a statement from the cathedral, he is now, in fact, a Roman Catholic. This simple statement raises awkward constitutional questions. The Sovereign is formally responsible … Continue reading

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The Perplexities Of The Royal Prerogative

Yesterday’s reveal of a draft bill to repeal the Fixed-term Parliaments Act 2011 has led to quite a bit of academic debate about the nature of the power set out in clause 2(1). Is it a revived prerogative power? A … Continue reading

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Government Unveils Bill To Repeal The Fixed-term Parliaments Act 2011

The Government today unveiled a draft bill to repeal the Fixed-term Parliaments Act 2011. If the Fixed-term Parliaments Act 2011 (Repeal) Bill becomes law, the UK will go back to the pre-2011 arrangement where the Queen dissolves Parliament at the … Continue reading

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The UK Internal Market Bill Could Open Pandora’s Box

After taking a backseat to the COVID-19 pandemic over the last several months, Brexit is back in the headlines. The Government’s United Kingdom Internal Market Bill has provoked considerable outrage across the political spectrum due to the fact that its … Continue reading

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A Few Words On Succession To The Premiership

After being hospitalized with continuing COVID-19 symptoms, Boris Johnson has now been transferred to the ICU after his condition deteriorated. Downing Street has announced that Dominic Raab, Foreign Secretary and First Secretary of State, will deputize for him as needed, … Continue reading

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Could Boris Johnson Try To Suspend The Benn Act?

Sir John Major today claimed that Boris Johnson might try to suspend the European Union (Withdrawal) (No. 2) Act 2019 (‘the Benn Act’) by Order of Council to avoid having to ask for an extension. But what is an Order … Continue reading

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Supreme Court Rules Prorogation Unlawful

In a constitutional bombshell, Britain’s Supreme Court has unanimously ruled that Boris Johnson’s decision to prorogue Parliament for five weeks was unlawful, and the prorogation itself is “null and of no effect.” The justices found that the Prime Minister’s advice … Continue reading

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A Strange Critique Of The Benn Act

The UK Constitutional Law Association Blog has published a strange take on the European Union (Withdrawal) (No. 2) Act 2019 (aka, the Benn Act) by Michael Detmold wherein he claims that the letter contained in the Schedule to the Act … Continue reading

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