Andrew Tettenborn is a professor of law at Swansea Law School
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For many years, the EU has posed as a kind of overbearing imperial leviathan, which insists its law has to prevail over that of the states that make it up. Now its bluff appears to have finally been called: the Polish constitutional court in Warsaw ruled yesterday that some EU laws are in conflict with the country’s constitution. Understandably, Brussels
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The Supreme Court judgment striking down a couple of Acts of the Scottish parliament has been greeted with typical outrage from the SNP. Nicola Sturgeon has been busy fulminating that she is now ‘unable to fully protect children’s rights’. But the First Minister shouldn’t be surprised by this legal defeat: there was little chance of it going any
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Private members’ bills don’t normally make for exciting reading. They give MPs and peers a chance to let off steam if they have a bee in their bonnet, and more importantly to lay down fairly cheap political markers. Most sink without trace, since the government through its control of the Commons legislative timetable has an
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In a few hours’ time, comedy fans in Sheffield will take to the streets in protest. Their cause? Not Brexit, or climate change, but the decision to ban Roy ‘Chubby’ Brown from performing a gig in the city. Chubby, who is not to everyone’s taste, is best described as the North’s answer to Bernard Manning or
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Liberals have always set great store by laws and declarations. It was joked about Lord Loreburn, the liberal Lord Chancellor in the years before the First World War, that if told the Germans had landed he would immediately have taken steps to obtain an interim injunction from the Chancery Division requiring an immediate withdrawal. These
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If you suggest to an English politician that your home should be your castle to use as you like, he will probably nod. Tell that to a member of the SNP ruling class in Bruntsfield or Kelvingrove, however, and they will take any such view as a challenge to be overcome. A couple of years
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When Eton master Will Knowland was sacked last year over anti-feminist views contained in a YouTube video which he refused to take down, alumni and others rightly called out Eton’s small-mindedness and intellectual conformism. If the best-endowed schools in the land can’t stomach unorthodox opinion, what hope for UK education generally? They were, of course,
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It’s not often that a brass plate sparks a diplomatic incident, as happened this week in Vilnius. Lithuania invited Taiwan to establish a ‘Taiwan representative office’ in the capital. Beijing told Vilnius that the name was unacceptable, and ordered the government to replace the word ‘Taiwan’ with ‘Taipei’ or ‘Taipei City’. Lithuania held its ground,
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You could describe the UK planning system as a giant whispering gallery where landowners, pressure groups and developers all seek to bend policy their way. One such group is Unesco, an organisation with an inveterate habit of telling the British administration what to do about particular places in Britain and threatening consequences if it is disobeyed. You
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As if Rotherham, Rochdale, Telford and other places were not enough, last week we had another local authority child sex abuse scandal, this time from Lambeth. The child sex abuse inquiry’s damning report concluded that for years councillors and local authority managers in the borough were too indolent, too concerned with politics, and at times
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Officially the European Union may be a union of sovereign states. But its Commission increasingly has the air of an imperial chancellery, or perhaps the headquarters of some vast conglomerate giving instructions to the directors of its far-flung subsidiaries. The Commission’s annual Rule of Law report, published last week, is a case in point. It
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When European governments openly disobey courts, ears prick up. When two courts simultaneously contradict each other on the same day and descend into an unseemly shouting-match, all bets are off. Welcome to the mad world of Poland’s legal relations with the EU. The ruling Law and Justice Party in Poland, PiS, is cordially detested in
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The recent decision by Boris Johnson’s government to put a five-year time-bar, save in exceptional circumstances, on the prosecution of British troops for crimes committed during overseas operations, came as a welcome relief to soldiers. Those who served their country abroad now know they are effectively safe from stale prosecutions in the distant future; veterans who have
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Big corporations have a lot not to be proud of, and we certainly could do with laws to rein in some of their excesses. But that doesn’t mean that we should necessarily nod those laws through without a careful look. A case in point is the demand made in recent days for the government to follow an
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Trade deals are in the air post-Brexit, but not everybody is happy. In a speech this week Frances O’Grady, the TUC General Secretary, accused the government of not taking international morality into proper account when closing such deals. She demanded the government take steps to suspend trade deals with a number of countries that, according
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The EU may boast a common currency like any other state (even if nearly a third of its 27 members do not use it). It may also have, through its regulatory jurisdiction over banks and financial services, a vast say in the running of the financial system throughout the bloc: powers at least comparable to
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It’s not only in Northern Ireland that the EU has taken to acting like some imperial power. Last week, with international correspondents’ eyes conveniently fixed on the G7, it quietly began a legal push to take over large areas of its remaining member states’ domestic affairs. On Tuesday, the Commission announced that it was suing
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There have been harrowing stories of cruelty, torture and mistreatment of Uyghurs in Xinjiang province in the news this week, coming from an official-sounding body called the Uyghur People’s Tribunal. But what is it, and what is its status? The answer may surprise you. Although its composition is highly eminent and its chairman the impeccably
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The Equality and Human Rights Commission has unceremoniously dumped Stonewall – and who can blame it? Its excuse for ceasing to pay at least £2,500 a year for the privilege of being part of Stonewall’s ‘diversity champions’ programme was that it did not offer ‘value for money’. For all the anodyne corporate-speak, it seems clear the increasing toxicity
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A striking curiosity of American life is that the names of legal cases can insinuate themselves into everyday dialogue. None more so, of course, than Roe v Wade, the 1973 decision where a majority-liberal Supreme Court extracted from the Constitution’s protection of life, liberty and property a constitutional right to abortion: absolute in the first
