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Cherry v AG for Scotland, Part II: "No Justification" For Prorogation?

Following the decision of the Supreme Court in Cherry/Miller, this series considers the legal challenge to the PM's decision to prorogue Parliament. This is the second part of the series, which considers the decisions of the Inner House of the Scottish Court of Session and the UK Supreme Court.

11:00, 1st October 2019
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Cherry v AG for Scotland, Part I: Is a No-Deal Brexit Necessarily Implied?

In anticipation of the decision of the Supreme Court in Cherry/Miller, this series considers the Scottish challenge to the Prime MInister's decision to prorogue Parliament. This is the first part of the series, which considers the decision of the Outer House of Scottish Court of Session

18:00, 23rd September 2019
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The Shamima Begum Case: A Just Decision?

It is hard to empathise with Shamima Begum, the 19-year old girl that wishes to return to the UK after fleeing to join ISIS four years ago. However, the UK Government's reaction represents an unacceptable knee-jerk decision that can have dangerous consequences down the line.

11:00, 30th April 2019
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Secession and the EU: Brave New World or Continuation of Membership?

Recent events throughout Europe - perhaps most notably in Catalonia, Spain - has seen rising tensions in many regions regarding the possibility of secession. However, whether a secession will permit the new state to remain part of the European Union is a largely uncertain area of law.

12:00, 4th December 2018
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Parliamentary Privilege: An Outdated Right?

The #metoo campaign briefly stagnated in the UK following the granting of a temporary injunction on the identity of a high-profile allegation of sexual misconduct. However, using 'Parliamentary privilege', Lord Hain controversially revealed the identity of the alleged abuser to be Sir Philip Green.

12:00, 13th November 2018
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The EU v Hungary: The Failures of Article 7 of the TEU

The European Parliament recently voted to initiate the Article 7 procedure against Hungary and Viktor Orban's controversial far-right government. However, the highly political nature of Article 7 of the TEU means Hungary will likely be allowed to continue on the same path. A change is necessary.

12:00, 30th October 2018
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Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age

Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.

11:00, 15th May 2018
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Exploring the Christian Marginalisation Narrative beyond the Workplace

A previous KCTL article examined how legal decisions in employment law have been used to argue that there exists a narrative of Christian marginalisation. Though that article dismissed those arguments, lawyers must not be overlook the sociological and political forces that also contribute.

11:00, 24th April 2018
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Lord Lester's 'Five Ideas to Fight For' - And How Brexit Changes Them

Lord Lester QC's book, published in April 2016, outlined the importance of fighting for five key ideals. Almost one year and a Brexit vote later, the protection that these principles are afforded is under threat, and the nature and content of the battle for them has changed.

12:00, 21st March 2017
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Lethal Injection Drugs in the US: Glossip v Gross

Capital punishment is rarely out of the spotlight due to persistent questions over the humaneness of the methods employed. Though the recent US Supreme Court case of Glossip v Gross appears to confirm lethal injection as the most humane method, the reasoning of the majority lacks legitimacy.

12:00, 19th February 2016
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Where is the Love? A Lament to Justice

This week the 800th anniversary of Magna Carta is being celebrated around the world. Yet there is hypocrisy in us celebrating it here in the UK, given the unrelenting changes that have been made to the justice system over the last five years. Would King John be proud of what he saw today?

11:00, 16th June 2015
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Can Sturgeon Save the Human Rights Act and Prevent ‘Brexit’?

The Scotland Bill, currently making its way through Westminster, gives legal basis to the Sewel Convention, providing the Scottish Parliament with a right of veto over areas of shared competence. Could this pose a problem for Cameron in repealing the Human Rights Act, and leaving the EU ('Brexit')?

11:00, 15th June 2015
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Queen and Country: Important Changes to the Crown Succession

Whilst the monarchy no longer has a practically significant constitutional role in the UK, it continues to to be a cornerstone of British and Commonwealth society. Yet, until recently, crown succession had clear gender bias, and discriminated on religious grounds. Princess Charlotte benefits.

11:00, 3rd June 2015
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A Web of Influence: Freedom of Information and the Black Spider Memos

The 'Black Spider Memos’, private letters to government departments from Prince Charles, will shortly be in the public domain subsequent to an extensively litigated freedom of information request and a Supreme Court judgment. This simple FOI request has raised questions of constitutional importance.

11:00, 28th April 2015
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