Christian Magaard: Reconciling the Proactive Principle of Legality with Parliamentary Sovereignty

UKCLA's avatarUK Constitutional Law Association

*Editors’ note: This post is part of a series on ‘The Human Rights Act After 22 Years’, following the SLS Annual Seminar held in November 2022. You can read the first post in the series here.

Rising like an arguably rather dark phoenix from the ashes, the Bill of Rights Bill now appears back on the legislative agenda. Yet again, the repeal of the Human Rights Act 1998 (HRA) seems somewhat inevitable, unless cabinet will once again implode in turmoil. In this light, the potential of the common law to provide a system of rights protection of similar vigour to that of the HRA has rightly gained much attention. The previous debate has largely focused on the content and development of common law rights and the structural potentials of the common law constitution. In contrast, this post will shed some light on what Mark Elliottdescribed as the rigour of…

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COP27 That!: African Leaders Reject ‘Renewables Reset’ & Press For Fossil-Fuelled Future

stopthesethings's avatarSTOP THESE THINGS

Once again, well-fed cynical Western elites are berating developing countries about their energy use, hoping to prevent them from using the very sources that drove the Industrial Revolution and dragged millions of Europeans out of agrarian poverty, two centuries ago.

Pontificating windbags are railing against the prospect of real development in the poorer parts of the planet,  like the over-stuffed, Malthusian misanthrope, Antonio Guterres – pictured in full flight above.

Much to their annoyance, the ‘end is nigh, unless we all plump for insanely expensive and chaotically intermittent wind and solar’ rhetoric, is wearing a little thin south of the Sahara.

African leaders are pushing back and presenting an intractable obstacle to global elites keen to deprive them of the ability to use their own natural resources to power their people and drive economic growth and prosperity.

Tilak Doshi reports on how Africans are waking up to the grand wind…

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Star Trek: Season 3, Episode Four “And the Children Shall Lead”

Great Books Guy's avatarGreat Books Guy

Stardate: 5029.5 (2268)
Original Air Date: October 11, 1968
Writer: Edward J. Lakso
Director: Marvin Chomsky

“Hail, hail, fire and snow.
Call the angel we will go.
Far away, for to see.
Friendly Angel, come to me.”

Responding to a distress call from the science colony on Triacus, Kirk, Spock, and Bones beam down to the surface of the planet to investigate, but they shockingly find a piles of lifeless bodies. One man, Professor Starnes (Craig Huxley) staggers forward and then promptly dies –“he’s dead, captain.” The crew determines this must have been the site of a mass suicide. Then, a cohort of playful children emerge from a nearby cave, seemingly unaffected by the corpses all around them. They give no signs of grief. Perhaps they are suffering from depression, shock, lacunar amnesia, or an invasive bacteria of sorts.

The crew buries the bodies from the Starnes…

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Star Trek: Season 2, Episode Twenty-Four “The Ultimate Computer”

Great Books Guy's avatarGreat Books Guy

Stardate: 4729.4 (2268)
Original Air Date: March 8, 1968
Writer: D. C. Fontana/Laurence N. Wolfe
Director: John Meredyth Lucas

“We’re all sorry for the other guy when he loses his job to a machine. When it comes to your job, that’s different. And it always will be different.”

The Enterprise has been inexplicably ordered to a remote space station where most of the crew has been ordered to a secure holding facility. What is going on? Kirk demands an explanation from Starfleet and so Commodore Enwright (voiced by James Doohan) decides to send another Starfleet Commodore aboard the Enterprise to explain the situation. Commodore Robert “Bob” Wesley (Barry Russo) arrives and says that the Enterprise is scheduled to be “the fox in the hunt” for a series of covert war games. The purpose is to test the strength and viability of a new “ultimate computer”…

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November 17, 1558: Death of Mary I, Queen of England and Ireland. Part I.

liamfoley63's avatarEuropean Royal History

Mary I (February 18, 1516 – November 17, 1558), also known as Mary Tudor, and as “Bloody Mary” by her Protestant opponents, was Queen of England and Ireland from July 1553 until her death in 1558.

Mary was born on February 18, 1516 at the Palace of Placentia in Greenwich, England. She was the only child of King Henry VIII and his first wife, Infanta Catherine of Aragon, to survive infancy. Her mother had suffered many miscarriages and stillbirths. Before Mary’s birth, four previous pregnancies had resulted in a stillborn daughter and three short-lived or stillborn sons, including Henry, Duke of Cornwall.

Mary was baptised into the Catholic faith at the Church of the Observant Friars in Greenwich three days after her birth.

Despite his affection for Mary, Henry was deeply disappointed that his marriage had produced no sons. By the time Mary was nine years old, it was apparent…

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The Conversation Wants To Stop Africa Developing Gas Reserves

Star Trek: Season 3, Episode One “Spock’s Brain”

Great Books Guy's avatarGreat Books Guy

Stardate: 5431.4 (2268)
Original Air Date: September 20, 1968
Writer: Lee Cronin (Gene L. Coon)
Director: Marc Daniels

“What have you done with Spock’s brain?”

At last, we arrive at the infamous season three opener which many fans regard as the worst episode in the whole series! A strange object is rapidly moving through space toward the enterprise via ion propulsion at a high velocity. Scotty marvels at its beauty –it even has its own internal atmosphere. Suddenly, a female humanoid lifeform appears on the bridge. She pushes a button attached to her wrist which essentially renders all lifeforms on the Enterprise unconscious –we later learn her name is Kara (Marj Dusay).

When the crew awaken, they find that Spock is missing. He is later found in sickbay on a table. Is he dead? No, he is “worse than dead” –his brain missing! Thanks to his Vulcan autonomic…

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Star Trek: Season 3, Episode Three “The Paradise Syndrome”

Great Books Guy's avatarGreat Books Guy

Stardate: 4842.6 (2268)
Original Air Date: October 4, 1968
Writer: Margaret Armen
Director: Jud Taylor

“I am Kirok!!”

Kirk, Spock, and Bones beam down to an idyllic planet rife with pine trees, a lake, honeysuckle, and orange blossoms –it appears to be exactly akin to earth only half a galaxy away. Suddenly, the crewmen spot a strange object composed of alloy and featuring a complex language scribed upon it. Who could have constructed such an obelisk? This planet known as Amerind (only in the script, not in the episode), has primitive tribes who seem to live peacefully alongside the banks of the water. The tribes carry a mixture of “Navajo, Mohican, and Delaware” characteristics. However, we soon learn that a massive asteroid is en route to destroy this planet, and the Enterprise crew have only thirty minutes on the surface before needing to depart and hopefully…

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New Anti-Fossil Fuel Puritans Set New Standard in Blatant Ignorance & Gross Hypocrisy

stopthesethings's avatarSTOP THESE THINGS

If it looks and sounds like a deranged cult, it probably is. The latest wheeze is pretending that functional, civil societies can live without coal, oil and gas. It’s perfect nonsense, to be sure, and symptomatic of an uneducated cohort who haven’t the faintest idea about what makes their safe and utterly privileged little lives possible.

This is a class of resentful, miserable misanthropes who live by an edict that fossil fuels are an unadulterated evil to be driven back to the earthly depths where they shall remain. None of which applies to their own selfish energy needs. Think pontificating actors, wannabe princesses and their royal beaus lecturing us about our energy use, as they traverse every inch of the globe in their private jets.

Amongst this brand of New-Age Puritan, ranting about oil, coal and gas, is all the rage. Sanctimony and outrage have overtaken logic and reason.

Theodore…

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Unions press ahead to win “fair pay” agreements. But what if they add to inflationary pressure?

tutere44's avatarPoint of Order

One of NZ’s leading economists Cameron Bagrie told the TV3 AM show on Tuesday the increase in wages in NZ is a “success” but we are getting to a point of too much success.

His warning came as the Dominion-Post reported what it called “an avalanche” of fair pay applications are expected to be made over the next few months as unions gather momentum to launch bids for better pay for workers under the new fair pay agreement law.

Fair pay agreements set out specific conditions and deals betweenworkers and employersin an industry or occupation, with the regime for establishing them coming into effect next month.

They can be triggered by support from 1000 workers or 10% of a workforce. The fair pay legislation stemmed from a major plank in the Labour Party’s election policy.

So how will that “avalanche” fit with what the Reserve Bank is trying…

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Princess Anne and Prince Edward to become stand-ins for King

Northern Ireland: dangers and opportunities for London

The Constitution Unit's avatarThe Constitution Unit Blog

Northern Ireland is again governed by civil servants. Alan Whysall argues that London’s self-interest requires it to give Northern Ireland serious attention in coming months. But success may require more effort and time than is currently envisaged, and a return to the approach that led to the Belfast/Good Friday Agreement. Not making this commitment could have grave consequences for the entire Union, not just Northern Ireland.

This blog draws on the Unit’s report on Northern Ireland’s Political Future, published in May (hereafter referred to as the Report).

No government again

Northern Ireland has had no functioning Executive since the DUP’s withdrawal of its First Minister, in protest at the Northern Ireland Protocol, in February. The party declined to appoint a deputy First Minister following Assembly elections in May – when, for the first time, Sinn Féin emerged the largest party, entitled to the First Minister post (the DUP…

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Wind & Solar Wipeout: Reliable & Affordable Power Now Part of Ancient History

stopthesethings's avatarSTOP THESE THINGS

Pretty soon, the notion of having affordable power available on demand will be ancient history. Never before in the course of human existence have so few done so much damage to so many. Electricity prices are spiralling out of control in any place attempting to run on sunshine and breezes, power rationing (aka ‘demand management’) is routine and, with delusional dunderheads driving energy policy in Australia, we’ve only just begun.

As Eric Worrall describes it, Australians can look forward to a very dark and very dismal future. One where the weather dictates whether or not you and yours will be sitting freezing or boiling in the dark.

The Australian Government Vision for Our Renewable Future
Watts Up With That?
Eric Worall
16 October 2022

The government has provided a risible $224 million budget for batteries to stabilise a 33GW grid which is expected to be 82% renewable by 2030.

Record…

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Some Thoughts On The Counsellors Of State

jasonloch's avatarA Venerable Puzzle

With the news that the Prince of Wales has COVID, I’ve been asked about who might step in for the Queen if she were to fall ill as well. Under section 6(1) of the Regency Act 1937, the Sovereign can delegate their functions to Counsellors of State in the event of illness or some other indisposition. Section 6(2) of the Act states that the Counsellors must be the Sovereign’s spouse and the four individuals who are next in line for the throne and are capable of serving as a regent.[1]

Since the Duke of Edinburgh is dead and the Duke of Cambridge’s children are too young to serve, this means the Counsellors would be Prince Charles, Prince William, the Duke of Sussex, and the Duke of York. But Prince Charles is self-isolating, Prince William is out of the country, Prince Harry lives in the US, and Prince Andrew…

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What Are Counsellors Of State?

jasonloch's avatarA Venerable Puzzle

The Prince of Wales and the Duke of Cambridge will open Parliament today after the Queen had to pull out due to mobility issues. They will be acting as Counsellors of State, but what exactly does that mean?

Counsellors of State are individuals empowered by the Sovereign to discharge royal functions under section 6 of the Regency Act 1937. Unlike a Regent, who exercises the full panoply of the Crown’s power, Counsellors of State are meant to handle routine business such as signing state documents or holding meetings of the Privy Council.[1] The Monarch ultimately decides what they can and cannot do, though section 6(1) of the 1937 Act states that the Sovereign can’t delegate the power to dissolve Parliament (except on their express instructions) or create new peerages.[2] Modern convention also dictates that Counsellors of State don’t handle business from the Commonwealth Realms.[3]

When George…

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