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

Law and religion round-up – 18th June

And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …

Access for Northern Ireland women to free abortion in England

On Thursday we posted Frank’s analysis of R (A and B) v Secretary of State for Health [2017] UKSC 41 in which the Supreme Court considered:

  • Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
  • Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?

The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. Continue reading

Law and religion round-up – 4th June

Another serious incident in London …

The Labour Party, race and faith

The Labour Party published its Race and Faith Manifesto – which has quite a lot to say about race and ethnicity but not very much specifically about religion other than that Labour “will strengthen our communities’ rights to practice [sic] their religion free from persecution” and “defend the right to wear all forms of religious and other dress of Muslims, Jews, Hindus, Christians, Sikhs and many others”. It does, however, include a specific condemnation of antisemitism and pledges “a review the Prevent programme with a view [to] assessing its effectiveness and potential to alienate minority communities”.

The European Parliament and antisemitism

On Thursday, the European Parliament agreed a resolution urging stronger action against antisemitism across the EU.

Continue reading

The Emperor of Japan, Prince Philip and the ‘a’ word

Two recent announcements – the Japanese government’s agreement to the Emperor’s wish to abdicate and Prince Philip’s retirement from public life, both on grounds of advancing age – highlight the fact that there is no continuing provision for abdication in UK law. Bob Morris, who will be no stranger to readers of this blog, has kindly allowed us to cross-post the following, which first appeared on the UCL Constitution Unit Blog. Bob indicated to us that it would be interesting to see whether any of our readers were moved to regard religious reasons as nowadays an impediment to abdication/retirement.

The Japanese government has agreed to the request of the current Emperor of Japan, Akihito, to abdicate on grounds of age and growing infirmity – he is now 84 years old. Prince Philip, 96 this year, announced on 4 May that he would be withdrawing from public life later this year on grounds not dissimilar to those of the Emperor. What are the implications, if any, for the United Kingdom monarchy? Continue reading

Christian prayers in the military: Commodore Royal Bahamas Defence Force

Background

Colours parades have been a tradition in the Royal Bahamian Defence Force since its creation in 1980 and, at some of them, Christian prayers are said at one point in the parade [1]. From 1993 to 2006, pursuant to Coral Harbour Temporary Memorandum No 20/93, non-Christians could excuse themselves by falling out during the prayers and falling back in after them; but that was revoked by a further Temporary Memorandum No 67/06 in 2006 [2].

In Commodore Royal Bahamas Defence Force & Ors v Laramore (Bahamas) [2017] UKPC 13, former Petty Officer Gregory Laramore, a Muslim who objected to being obliged to attend Christian prayers on parade, challenged the constitutionality of the 2006 Memorandum [3]. Continue reading

Law and religion round-up – 23rd April

A week dominated by…

…the General Election, June 2017

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 Parliaments Act.

On 12:57 pm on 19 April, the Prime Minister moved “That there shall be an early parliamentary general election”. [HC Hansard, 19 April Vol 624 Col 681]. After a 90-minute debate, the House divided: Ayes: 522; Noes: 13.  Continue reading