Read on Twitter
Two current legal/constitutional events - formally unconnected - go to why there are serious problems about the UK state
1.
1.
The first is the drama over the threatened breach of domestic and international law
What has been lost in much of thee drama is the exact nature of the threatened breach
2.
What has been lost in much of thee drama is the exact nature of the threatened breach
2.
The key clauses in the Bill are, in effect, enabling clauses
They enable a minister to make regulations, regardless of whether those regulations are in breach of domestic and international law
3.
They enable a minister to make regulations, regardless of whether those regulations are in breach of domestic and international law
3.
The Bill not only is in breach of UK's obligations under the Withdrawal Agreement but would provides the statutory basis for new regulations to be made by ministers also in breach
All supposedly law-proof and court-proof
4.
All supposedly law-proof and court-proof
4.
The other legal/constitutional event is the ongoing casual use (misuse/abuse) by the government to make regulations under the Public Health Act
Last night new criminal offences were issued *twenty minutes* before they had effect
5.
Last night new criminal offences were issued *twenty minutes* before they had effect
5.
We are moving to a situation where the government rules by decree
No parliamentary scrutiny, no real judicial supervision (and judicial review constantly under threat as well)
Making the decrees law-proof and court-proof is natural next step
6.
No parliamentary scrutiny, no real judicial supervision (and judicial review constantly under threat as well)
Making the decrees law-proof and court-proof is natural next step
6.
There is always some excuse - coronavirus here, pace process there - but the excuses are never sincere and only impress fools
In reality, it is an ongoing power-grab by the executive at the expense of the legislature and the judiciary
7.
In reality, it is an ongoing power-grab by the executive at the expense of the legislature and the judiciary
7.
Slowly and surely the UK constitution is being disfigured so that all effective checks and balance to executive action are removed or weakened
We are moving steadily towards government by decree
8 & ends
We are moving steadily towards government by decree
8 & ends
ps
There are limits to what can be done by law and policy commentary
(Commentators are, after all, just reply guys with pretensions and wider platforms)
This illiberal trend can be charted, explained, analysed, in real time
It is for others to try and stop this trend
There are limits to what can be done by law and policy commentary
(Commentators are, after all, just reply guys with pretensions and wider platforms)
This illiberal trend can be charted, explained, analysed, in real time
It is for others to try and stop this trend
pps
And, no, this is not an especially Tory thing
One could imagine easily a government of Blair/Clarke/Straw/Blunkett going down exactly the same path
It is an Executive thing, regardless of party
But the UK's political tribalism hides this from view
And, no, this is not an especially Tory thing
One could imagine easily a government of Blair/Clarke/Straw/Blunkett going down exactly the same path
It is an Executive thing, regardless of party
But the UK's political tribalism hides this from view
