The Bishop’s vote in Tynwald: Tynwald decides

In two earlier posts – linked below – Peter Edge, Professor of Law at Oxford Brookes, commented on the earlier debates in Tynwald on the position of the Bishop of Sodor and Man. In a cross-post from his own blog, he reports on the conclusion to the debate.

On 21 February 2018, Tynwald voted on the Third Report of the Select Committee on the Functioning of Tynwald. This report, which I have discussed previously, made three recommendations:

(1) that the Tynwald Management Committee should be responsible for overseeing the CPD Programme for Members of Tynwald;

(2) that the Lord Bishop of Sodor and Man should retain his vote in Tynwald, and have the same rights and duties as to voting as other members; and

(3) that the Isle of Man Government should establish an independent review to examine and report on emoluments of Members of Tynwald, having regard to a number of foundational principles.

This note focuses on the second recommendation. Continue reading

First Nation Canadians, sacred sites and judicial review: Ktunaxa

The Supreme Court of Canada has handed down judgment in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) 2017 SCC 54 (CanLII), dismissing a challenge to the construction of a ski resort in an area in British Columbia of particular spiritual significance to the Ktunaxa Nation. Continue reading

Law and religion round-up – 8th October

A typical eclectic mix of news from the world of law and religion…

Organ donation – presumed consent

One aspect of the Prime Minister’s speech to the Conservative Party Conference on Wednesday that received relatively little media attention was her announcement of plans to move to a system of presumed consent for organ donation under which everyone would be presumed to agree to the removal and reuse of body parts after their death unless they opted out, rather than the present situation in which it is necessary to opt in to organ donation. However, the issue is not straightforward and the approach of different faith groups to organ donation complicates the matter. Continue reading

Why the constitutional treatment of religion in Great Britain matters in religious disputes

In this guest post, cross-posted with permission from the UK Constitutional Law blog, Javier García Oliva looks at the wider constitutional implications of two recent cases involving children and religion.

Two high-profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.

Firstly, a Sikh couple were denied the opportunity to adopt a white baby by Adopt Berkshire, the Windsor and Maidenhead council-run adoption agency, and despite considerable political pressure and the intervention of the EHRC, the local authority refused to alter its position, Continue reading

Law and religion round-up – 10th September

End of “silly season” brings news from around the UK, and a new motu proprio 

Hijabs in primary schools

There were various reports (eg in The Sunday Times and the Evening Standard) that “Children as young as three are being allowed to wear the hijab in British nurseries and primary schools.” The ST reported that its survey found that a fifth of 800 primary schools, including Church of England schools, list the hijab as part of their uniform. “Campaigners” objected, Continue reading

Law and religion round-up – 16th July

A quiet week, apart from…

… not the Great Repeal Bill

On Thursday, the Government published the European Union (Withdrawal) Bill. We noted it here and the Parliament page on the Bill is here.

In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading

Is a foreign polygamous marriage valid in Ireland? HAH v SAA & Ors

We tend not to encroach into Ireland, but we thought it worth reporting a recent case on the status in Irish law of a polygamous marriage contracted validly in Lebanon.

The background

HAH, the husband, was a recognised refugee and naturalised Irish citizen who had contracted marriages with two women in Lebanon in accordance with Lebanese law. Continue reading