OMG! @HLConstitution seems unanimous condemnation of UK govt!! Sir Frank has puts his finger on PRACTICAL Q:Why has govt NOT managed to contain within disputes procedures? As:
"Effect is dramatic; it's EXPLOSIVE!" WOW!! So many high profile QCs outraged😱
@ProfMarkElliott -brilliant in countering Sir Stephen Laws' case precedents (Laws seems sheepish & embarrassed!) as irrelevant! Huge difference re incompatibility as here Govt DELIBERATELY setting out to breach International obligations= a different order of magnitude!
Ministerial Code not legally binding but encouraging ministers to treat International obligations in
"cavalier fashion" is concerning! About standards & requirement to act in accordance with the law -so needs reframing appropriately!?
Sir Stephen Laws seems to compare law officers/legal advisers drafting legislation which appears contrary to ministerial code for ministers/Exec as like lawyers defending guilty criminals!🙄 OMG!😩😭
What the Exec does is SERIOUS as serious consequences for UK internationally! Sir Franklin Berman says law officers shd be backstop - shd think carefully about not just domestic but international impications - v worrying in this case!!
Prof Elliott: Clauses 42 & 43 do not respect #InternationalLaw Clause 45 does not respect the courts!
Q: Is there anything to constrain parliament from breaking #InternationalLaw? (paraphrasing) No. But Sir Stephen now saying not saying that it should be done!
Sir Frank: Ought to be CONSTRAINTS! & AG has role in advising parliament not just ministerial collegues!
DANGER in assumng legal obligations just for lawyers. Legal obligation for ALL involved in Q of complance & non-compliance -dereliction of duty not to take a/c of ..
potential implications for international obligations but international standing! We are all floundering against a background "the like of which we've never seen before!" Sir Stephen's egs of contravention are telling as so scattered & so limited & all in particular situations!
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Policy Exchange
▪︎UNLAWFUL prorogation "constitutional vandalism"
▪︎INTL LAWBREAKING Internal Market Bill "constitutionally dangerous" "last resort of a scoundrel"
▪︎Judicial Power Project= "EXECUTIVE Power Project"
▪︎Crackdown on protest
▪︎REUL "arson"
▪︎ECHR
▪︎EDI
1/ Policy Exchange's Ekins defended Johnson's UNLAWFUL PROROGATION as ruled by UNANIMOUS @UKSupremeCourt.
In @CommonsPACAC
review of the ruling he still defended it only admitting it was "certainly a politically extremely controversial" prorogation & "might be imprudent & WRONG"?
2/ @CommonsPACAC Review of @UKSupremeCourt ruling on UNLAWFUL PROROGATION
@LordCFalconer
"Lord Sedwill is effectively dismissed as the Cabinet Sec does that not make the replacement much more of a COURTIER?
Jonathan Slater is dismissed as the SoS for DfE & replaced by the head of the Court Service does that not make her more of a COURTIER for the govt?
Tom Scholar is dismissed by a govt & replaced by James Bowler does that not make him more of a COURTIER?
Are you not worried about that?
GS: "these things happen in industry" & gives eg but says at 'that level' proper HR processes function @LordCFalconer HR process absolutely NOT
Chair: Not with Tom Scholar @LordCFalconer Not with ANY of them!
[@HLConstitution 3/5/23
RE The Appointment & dismissal of permanent secretaries and other senior civil servants.]
'The #PublicOrderBill..now been passed by Parliament in the UK, is deeply troubling legislation that is incompatible with the UK’s international human rights obligations regarding people’s rights to FREEDOM OF EXPRESSION, PEACEFUL ASSEMBY and ASSOCIATION.. ohchr.org/en/press-relea…
It is especially worrying that the law expands the powers of the police to stop & search individuals, including WITHOUT SUSPICION; defines some of the new criminal offences in a vague & overly broad manner; & imposes UNNECESSARY & DISPROPORTIONATE criminal sanctions on people...
'Without an independent invigilator to ensure the fairness of the vote, there is concern the government could go into polling day with an inbuilt advantage. That could undermine voters’ confidence that they have taken part in a sound election, and..
James @LBC, even Johnson's sister believed Johnson backed by Hedge fund donors eg wanting to short the £! Eg Odey donated about £900K to Brexit campaigns but profited >£200 MILLION on night of EU ref & how much from Kwarteng mini Budget? opendemocracy.net/en/dark-money-…
@MarkFenhalls I'm sorry if you think I am going on about it. All I'm doing is saying that there was a democratic process, which we were party to for several decades: we were members of the EU, & we followed the lawful processes. We now have this body of law, which Parliament owns
and we are all looking for an opportunity for Parliament to say, “Let’s now take advantage of our departure from the European Union, put aside the conflict of the past and work out a better way.” We are all delighted by that. None of us is hostile to change...
We just want change in a measured and balanced way, so that we know what the alternatives are.
The effect of the Bill—I was thinking about it as I listened to the previous speakers—feels a bit like the uncertainty and the uncosted promises made by the former Chancellor, which..