On 18 April we published a short post on the announcement by the Prime Minister of her intention to move a motion for an early election in the House of Commons on the following day, under the provisions of the Fixed-term Parliaments Act 2011. The House of Commons Library immediately published a helpful short guide to the election, and for anoraks, it answers the question: Will the Manchester Gorton by-election go ahead? vide infra. The House of Commons Library has also produced a briefing on the Fixed Term ParliamentsAct.
In Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses 2016 ABCA 255 (CanLII), Mr Wall had sought judicial review of his expulsion from the Highwood Congregation. A chambers judge had concluded that the Court of Queen’s Bench had jurisdiction to hear the application and the Court of Appeal of Alberta (Paperny & Rowbotham JJ: Wakeling JA dissenting) upheld that ruling, concluding that
“… a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged … We note as well that the respondent appears to have exhausted all avenues of appeal within the church so jurisdiction could also be found on that basis” .
The case was remitted to the Court of Queen’s Bench to be heard by a judge other than the chambers judge, but on 13 April the Highwood Congregation was granted leave to appeal by the Supreme Court of Canada: see Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses v Randy Wall, 2017 CanLII 20389 (SCC). Continue reading →
A week dominated by Brexit, ‘First Minister vs Prime Minister’ and the fall-out from the first judgments of the CJEU on religious manifestation…
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.
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 EWCA Civ 81: we noted the decision here. Continue reading →
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 →
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.