Law and religion round-up – 19th March

A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation… 

Brexit

As expected, on Monday the Commons rejected the Lords amendments to the European Union (Notification of Withdrawal) Bill, the Lords did not insist on their amendments and the bill passed. So after a total of 70 hours of debate, the EU (Notification of Withdrawal) Bill completed its passage through Parliament and received Royal Assent on Thursday. The BBC reports that the Prime Minister is expected to wait until the end of the month formally to notify the EU of the UK’s intention to leave.

Meanwhile in Scotland… Continue reading

Brexit and Scotland

First Minister’s Press Conference and Announcement

As the Houses of Commons and Lords prepare for the “ping-pong” of in the final stages of the European Union (Notification of Withdrawal) Bill, the Scottish Government First Minister, Nicola Sturgeon, issued the following Statement. The text of her speech at the Press Conference in Bute House setting out her plan for a referendum in face of a hard Brexit is here. Continue reading

Law and religion round-up – 26th February

Opposite-sex civil partnerships, RE, funny handshakes – and some of the media still don’t understand the difference between Brussels and Strasbourg…

Opposite-sex civil partnerships? Not yet

Rebecca Steinfeld and Charles Keidan lost their appeal against the Administrative Court’s refusal to review the Government’s policy on the extension of civil partnerships to opposite-sex couples: see Steinfeld & Anor v Secretary of State for Education [2017] EWCA Civ 81: we noted the decision here. Continue reading

Banns of marriage – their development and future

Introduction

The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions. Continue reading

Law and religion round-up – 5th February

Brexit yet again, child abuse, abortion, deposition from Orders – the usual mix…

Brexit yet again

On Friday, the Administrative Court threw out the latest Brexit challenge by a group led by Peter Wilding and Adrian Yalland. They argued that, under the terms of Article 127 of the Agreement on the European Economic Area, Parliament should give separate approval to the UK’s exit from the EEA.

Lloyd-Jones LJ and Lewis J concluded that the Government had not made a decision “as to the mechanism by which the EEA agreement would cease to apply within the UK”. As a result, it was not clear at this stage what issues, if any, would fall within the jurisdiction of the courts. All we have at the moment is press reports: we’ll be interested to see the written judgment.

‘EU Withdrawal Bill’ – Second Reading and White Paper Continue reading

Law and religion round-up – 29th January

An extraordinarily busy week dominated by Brexit – and just how many more times will we find ourselves saying that?

Brexit and the Supreme Court

Although we steadfastly avoided predicting the outcome of the Supreme Court appeal in the Brexit cases, we were not at all surprised either at the result or that it was an 8/3 split decision. We do not intend to add to the already a mass of analysis on the legal blogs by commentators much more expert than we are; they have been summarized by Robert Craig on the Constitutional Law Group site: Miller: An Index of Reports and Commentary. Continue reading

Law and religion round-up – 15th January

The usual mix of the newsworthy, the obscure and the faintly ridiculous… 

Historic abuse in Northern Ireland…

The final report of the Historical Institutional Abuse Inquiry has been submitted to the First Minister and Deputy First Minister and will be published on Friday 20 January (though whether Northern Ireland will still have an Executive on 20 January is another question entirely). The investigation, which started in 2013, has been chaired throughout by Sir Anthony Hart, a retired judge of the Northern Ireland High Court. It looked primarily into cases of abuse that took place in 22 residential homes for children between 1922 and 1995. Continue reading