Conor Monighan reviews the Administrative Law Bar Association (ALBA) Summer Conference 2018
Brexit update – Chair: Mr Justice Lewis; Speakers: Professor Alison Young (Sir David Williams Professor of Public Law, University of Cambridge) and Richard Gordon QC
Professor Alison Young
Is it inevitable that domestic law will alter drastically after Brexit? According to Professor Young, it is entirely possible that little change will occur.
First, the CJEU will continue to have an influence on domestic law. This is because section 6(2) of the EU (Withdrawal) Act 2018 states courts/ tribunals ‘may have regard’ to CJEU decisions (including those made after exit day) if they think it appropriate.
Second, the fundamental rights enshrined in the Charter of Fundamental Rights will probably not disappear. Although Section 5(4) of the Act states that the Charter will no longer be part of domestic law, paragraph 106 of the Explanatory Notes says “those underlying rights and principles will also be converted into UK law”. Arguably, this means lawyers will still be able to use case law in which these general principles were referred to. However, a limitation to reliance on fundamental principles is set out by s.3(1) of the Schedule to the Act. This states no court/ tribunal may disapply law because it is incompatible with any of the general principles of EU law. Continue reading →
It has been widely reported that Theresa May will stay on as Prime Minister following the election on June 8th. The Conservative PM will seek to form a government with the support of the Democratic Unionist Party (the DUP).
A recent Round-Up by Poppy Rimington-Pounder highlighted some welcome changes in the parties’ approaches to human rights in the pre-election manifestos. With the recent shift in political climate it seems that changes may be on the horizon.
What does the election result mean for human rights?
Emma-Louise Fenelon is a Pupil Barrister at 1 Crown Office Row
‘Eavesdropping, sir? I don’t follow you, begging your pardon. There ain’t no eaves at Bag End, and that’s a fact.’ (J.R.R Tolkein)
If parliamentarians are seen to be taking a more forensic interest in matters of surveillance in the coming weeks and months, the reason is unlikely to be purely down to the publication of the greatly anticipated surveillance legislation. Last week’s Investigatory Powers Tribunal judgment has sent ripples of discontent through both Houses of Parliament, evidenced in immediate calls for an emergency debate on the subject (scheduled to take place in the House of Commons later today).
This blog is maintained for information purposes only. It is not intended to be a source of legal advice and must not be relied upon as such. Blog posts reflect the views and opinions of their individual authors, not of chambers as a whole.