66

Specifically with reference to the UK, an article in the Guardian reports that Experts have warned about the risk that if tough measures are taken too soon, “fatigue” may set in, prompting the public to disregard the advice just as the virus reaches its peak. Effectively the argument is that, absent some sort of enforcement squad if people are told to ...


62

Nationalism today is mostly associated with ethnic nationalism, which the SNP as a center-left party does not wish to be associated with. Nicola Sturgeon, the leader of the SNP, has expressed displeasure with the name because of this: Nicola Sturgeon has admitted she wishes she could change her party’s name because of the “hugely, hugely problematic” ...


46

The ability to return to your country is considered a human right, Article 13(2) of the declaration of human rights and also Article 12 of the International Covenant on Civil and Political Rights. But cases of quarantine are one of the emergencies where freedom of movement may be restricted. So nations must eventually let their citizens enter, but they can ...


36

Shutting down schools, banning large gatherings and pushing people to do home office has a massive economic cost. Of course you never get the exact numbers on either death or cost but essentially you have to answer questions like: How many death does one need to prevent to make a 10% reduction of annual GDP worth it? This is a complicated ethical question ...


33

Despite the ECHR not being an EU institution, the optics of a European court having jurisdiction over the UK should not be underestimated. This YouGov poll from 2014, shows that the British public favoured withdrawal from the ECHR - the full data shows that the convention is especially unpopular with Conservative and UKIP voters - and this is before the ...


25

Wade writes that a passport is simply an administrative document. On its face it is an imperious request from the Foreign Secretary that all whom it may concern shall allow the bearer to pass freely without let or hindrance and shall afford him assistance and protection. In reality it is an international identity card, certifying that a traveller ...


25

Your understanding is correct - there is no UK Prime Minister until one is appointed by the Queen. In the meantime, the Civil Contingencies Act (2004) gives the Monarch (in practice, government ministers) powers to make emergency regulations, and COBRA meetings can be chaired by any Cabinet minister - after 9/11, these were chaired by the Cabinet Secretary ...


20

The UK can't leave the jurisdiction of the European Court of Human Rights without withdrawing from the convention. Whilst not an EU institution, it's a popular target for the largely right-leaning tabloid press. So the minimal change is we would adhere to the principles, and retain the Human Rights Act to allow UK courts to rule upon them. Then there is the ...


14

Chiefly because pundits seem to agree that current government doesn't actually want the Heathrow expansion to proceed. It should be noted that the Government is not pursuing an appeal to the Supreme Court; the case is being pursued privately by Heathrow Airport itself. The current Prime Minister, then Foreign Secretary, Boris Johnson, was conveniently ...


14

In a nutshell, the UK [Conservative public] wants to exit from the ECHR for the same "take back control of our laws" reason that has been a substantial motivator for Brexit. Some are probably surprised that the UK is still party to the ECHR despite Brexit, because ECHR is a CoE institution, which the UK joined two decades before joining the EU. Nonetheless ...


14

It's a balancing act. You want to save as many people from the virus as possible, but you also don't want to disrupt the economy any more than you need to. This isn't just people being greedy either, many people living paycheck to paycheck cannot handle a recession. Some of these people will, after losing everything, commit suicide. Others will turn to ...


12

There are two kinds of cases which the government has lost repeatedly over the past 20 years and wishes to reverse or win in future: immigration and torture. The Article 8 right to family life is interpreted as meaning that people have a right to live in the same country as their family, especially spouses and children. The government disagrees - there is ...


11

Sheikh Mohammed sued his wife for custody of his children, while both she and the children were in the UK. Naturally, the UK has jurisdiction. Princess Haya made various allegations in response (kidnapping, torture), which would plainly be criminal behaviour, if true. Sheikh Mohammed would have immunity from criminal charges relating to these but the court ...


11

This is perhaps more of a legal than a political question. I am not a lawyer. The answer below is based on my lay understanding/interpretation of articles and rulings. What could the UK do if it wasn't signed into the ECHR? Departing the European Convention on Human Rights and thus the Council of Europe, which I haven't heard being proposed before, ...


10

The recent High Court judgement on the case in question can be found here, where it has decided that the fact finding judgement decided upon in December 2019 should be made public. In particular, it should be noted that this is not a criminal trial, but proceedings in family court, which has led to a so-called Fact Finding Judgement (FFJ). These take place ...


8

As is true most everywhere, the answer is likely political cost. Courts are not inherently political bodies, and are thus insulated somewhat from the political process. There's no political cost to the UK courts ruling it cannot happen. The same is not true for Parliament. While this is not a major case, there doesn't appear to be any political will to ...


7

The Chancellor is allowed to do this as a matter of tradition, as the OP's link says. There's also a practical reason: the Budget speech is often long and complex, and a boost to their morale during the process is reasonable. Many of the details of operation of the UK parliament are traditions, rather than written rules. The tradition goes back to at least ...


7

WHO officials have criticised the UK government's approach to the COVID-19 pandemic Actually the quoted criticism does not come from the WHO, nor from a current employee of the WHO. It comes from Professor Anthony Costello, ex-director of maternal and child health at the World Health Organisation The criticism is of the claim that the UK government ...


6

There are specific restrictions imposed by the EU, though most of these are based on historical taxation. Since 2001 sanitary products have been subject to VAT at a reduced rate of 5% The BBC covered this in a reality check around the time of the Brexit Referendum. Reality Check verdict: EU rules mean the UK cannot reduce VAT on goods and services below ...


5

It is one method of defusing the ability of the opposition of calling them ethnonationalists - and being able to present the SNP as an alternative in Scotland to the Tory (and Labour too) party without being branded antisemitic for example. I believe that Scotland, due to the oil industry, has a number of ex-foreigners who after, say, 30 years see ...


5

Note: This answer discusses including biological sex on an official ID card (like a passport). This answer does not discuss including gender. I feel that a good discussion about including gender would require establishing what gender is in a universally acceptable way, which would be a large topic in itself. (Also perhaps a separate topic, as some folks ...


4

In large part what you're seeing here is the difference between a political theorist and a legal scholar. For a political theorist like Orwell, it's evident that people in Liberal democratic societies hold the law and constitution as something above any individual or group, including the state itself. This is foundational for a republican regime. Republics ...


4

I think the key difference is here how the NHS operates, compared to health care in most continental European countries. Being a UK resident is sufficient to qualify for NHS access, there is no additional paperwork required, a rental contract or even say bank statement mailed to you at a UK address suffices. This is not the case in most continental European ...


4

The quote you have provided is from 'Heathrow bosses' not members of the current government. The government will not be appealing the decision. In fact, the court blocking the runway is a major let off for Boris Johnson who in 2015 vowed to; “lie down in front of those bulldozers and stop the construction”. That aside there are a number of reasons ...


4

Two reasons: (1) That is not its name, and (2) it doesn't like to be reminded of its history. Its correct (English) name is the Scottish National Party, not "Nationalist." It was founded by the merger of the center-left National Party of Scotland and the center-right Scottish Party. Until the 1960s the SNP did not have a clear ideology, beyond the vague ...


3

I'll quote from Public Law: Text, Cases, and Materials (2019 4 edn). p 202. Some sense of how revolutionary the enterprise was considered to be may be gleaned from the UK government’s reaction to it. The United Kingdom was one of the greatest supporters of improving human rights protection and, indeed, was the first state to sign the ECHR. While it ...


3

No, it's definitely not the first case. The Dutch government lost a case in 2015, upheld in the Dutch Supreme Court in 2019. It's generally known as the Urgenda case.


3

No, the two clauses are not identical. The key thing to notice is that the Parliament Act 1911 excludes the House of Lords from further legislation, but the House of Lords itself was included in the legislation that lead to the Parliament Act 1911. Therefore the first clause says that this delegated legislation is not valid on its own because it excluded ...


3

Adding to the other answers, introducing legislation that provides advantage to a single private organisation is likely to be seen as improper. It also has the potential for other private organisations asking for the Government to step in and introduce legal exclusions for their plans. As an example, where I live, major developments are required to undergo ...


3

No Prior to 2011, the Monarchy did possess that ability (although it had not been used in quite some time), but the Fixed Term Parliaments Act officially changed that Before the passage of the Act, Parliament could be dissolved by royal proclamation by virtue of the royal prerogative. This originally meant that the English, and later British, monarch ...


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