Constitutional Conventions in UK Law
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R v HM Treasury, ex parte Smedley
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It, therefore, behoves the courts to be ever sensitive to the paramount need to refrain from trespassing upon the province of Parliament or, so far as this can be avoided, even appearing to do so.
Against that background, it would clearly be a breach of the constitutional conventions for this court, or any court, to express a view, let alone take any action, concerning the decision to lay this draft Order in Council before Parliament or concerning the wisdom or otherwise of Parliament approving that draft. The exercise upon which Parliament would be engaged and that upon which we are engaged are essentially different.
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R (Wheeler) v Office of the Prime Minister
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The first of those principles is particularly relevant to the use to which certain Parliamentary material may be put, and is considered later. The court in that case was willing to consider whether such an Order, if approved by Parliament, would be ultra vires the enabling statute, but made very clear the care that needed to be exercised in relation to the limits of the court's role.
In our judgment, it is clear that the introduction of a Bill into Parliament forms part of the proceedings within Parliament. To order the defendants to introduce a Bill into Parliament would therefore be to order them to do an act within Parliament in their capacity as Members of Parliament and would plainly be to trespass impermissibly on the province of Parliament.
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Thomas and Another v Baptiste and Others
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It is the general right accorded to all litigants not to have the outcome of any pending appellate or other legal process pre-empted by executive action. By ratifying a treaty which provides for individual access to an international body, the Government made that process for the time being part of the domestic criminal justice system and thereby temporarily at least extended the scope of the due process clause in the Constitution.
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Anthony Briggs v Cipriani Baptiste (Commissioner of Prisons) and Others
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It did not overturn the constitutional principle that international conventions do not alter domestic law except to the extent that they are incorporated into domestic law by legislation. It confirmed the principle that the consideration of a reprieve is not a legal process and is not subject to the constitutional requirement of due process, and that the Advisory Committee is not bound to consider, let alone adopt, the recommendations of the Commission.
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R (on the application of Evans) and another v Attorney General (Campaign for Freedom of Information Intervening)
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When the court scrutinises the grounds relied upon for a certificate, it must do so necessarily against the background of the relevant circumstances and in the light of the decision at which the certificate is aimed. Disagreement with findings about such circumstances or with rulings of law made by the tribunal in a fully reasoned decision is one thing.
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The Civil Jurisdiction and Judgments (2005 Hague Convention and 2007 Hague Convention) (Amendment) Regulations 2022
... ... the United Kingdom took the necessary steps to join the two Conventions as an independent party as part of its preparation for leaving the EU ... prior to accession and ratification took place under the Constitutional Reform and Governance Act 2010 (c. 25) during November and December ... ...
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CEYLON (CONSTITUTION) Order In Council, 1946.
... ... of Ceylon in order to examine and discuss proposals for constitutional reform, and the said Commission duly visited the Island and made a report ... of existing constitutions and by the establishment of conventions which have grown up in actual practice ... "Legislation such as the ... ...
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Ghana (Constitution) Order in Council, 1957
... ... , be exercised as far as may be in accordance with the constitutional conventions applicable to the exercise of similar powers, authorities and ... ...
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Trinidad and Tobago (Constitution) Order in Council, 1961
... ... Whereas, having regard to the constitutional discussions held in London in November, 1959, and in Trinidad in June, ... (b) 63 & 64 Vict. c. 62 ... with the constitutional conventions that apply to the exercise of the like power in the United Kingdom: ... ...
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Top‐Down Constitutional Conventions
Many scholars think that all conventions of the constitution emerge from the bottom up, out of the practices of constitutional actors. Here we develop the first systematic account of conventions th...
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Constitutional Conventions and the Prince of Wales
The Upper Tribunal (Administrative Appeals Chamber) held in Evans v Information Commissioner that certain correspondence between Prince Charles and government officials must be disclosed under free...
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Parliaments, constitutional conventions, and popular sovereignty
There is growing interest in the United Kingdom in holding a constitutional convention (CC) to deliberate possible reforms to the political system. What form should a CC take? Having identified a r...
- Constitutional Conventions: Dicey's Predecessors
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Brexit Update – The UK Supreme Court Ruling on Article 50, the Great Repeal Bill and the Commencement of the Departure Process
In the January edition of the Delta Report, we discussed the pending Article 50 challenge before the UK Supreme Court (the "Supreme Court") and highlighted some of the issues and uncertainties surr...... ... , the Supreme Court delivered one of the most significant constitutional decisions of this generation, dismissing the Secretary of State for ... The Supreme Court also noted that constitutional conventions such as the 'Sewel Convention' [18] play a fundamental role in the ... ...
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Alert: UK Supreme Court Confirms Only Parliament Can Start Formal Brexit Process
In its widely anticipated judgment in R (Miller and another) v. Secretary of State for Exiting the EU, the UK Supreme Court confirmed on 24 January, by an 8 to 3 majority, that the British governme...... ... -frogging the Court of Appeal), in light of the case’s constitutional importance and the urgency of resolution. In light of the defeat of the ... The Court unanimously confirmed the principle that conventions are political in nature, with no legal force. In the words of Lord ... ...
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Article 50 Has Been Triggered by the UK: What’s Next?
As anticipated, on this day, March 29th, 2017 British Prime Minister Theresa May has taken the historical step of formally notifying the European Council of the United Kingdom (UK)’s intention to w...... ... It also ends a period of uncertainty about the UK’s constitutional requirements regarding this decision ... The implementation of article ... law, or when applicable, by multilateral international Conventions ... Technically, there could be other options instead of negotiating ... ...
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Brexit: UK Supreme Court Holds That An Act Of Parliament Is Necessary To Trigger Brexit Negotiations
... ... following a decision made "in accordance with its own constitutional requirements." The UK Government had argued that the European Council ... 24 "Conventions of the UK Parliament", Report Session of 2005-6 ... 25 The Conservative ... ...