Jack Simson Caird: The Supreme Court and Parliament: The Constitutional Status of Checks and Balances

Constitutional Law Group's avatarUK Constitutional Law Association

There have been two competing visions of the constitution battling it out since the Brexit referendum in 2016, which David Howarth described on this blog as the Whitehall view and the Westminster view. The Whitehall view is that the UK constitution, and the relationship between Parliament and Government in particular, is designed to allow the Government of the day to deliver its promises to the electorate. Parliament’s role is to scrutinise how those promises, as well the everyday decisions of Government, are delivered, no more no less. The relationship between Parliament and Government is a purely political one, and therefore raises no questions that are relevant to the courts. The Westminster view, I would argue, is based on the notion that the UK constitution is based on a number of constitutional principles that ensure that Parliament is ‘the senior partner’. Those principles, despite not being codified and subject to legislative…

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Climate Alarmism Isn’t Rational

gjihad's avatarGreen Jihad

Bjorn Lomborg, Director of the Copenhagen Consensus Center, breaks down the facts about the environment and shows why the reality of climate change may be very different from what you hear in the media.

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Don’t overhype the link between climate change and hurricanes

curryja's avatarClimate Etc.

by Judith Curry

Doing so erodes scientific credibility — and distracts from the urgent need to shore up our vulnerability to storms’ impacts.

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Becroft reckons we are too young and impulsive at age 17 to be treated as adults in court – but we are fit to vote at age 16

Bob Edlin's avatarPoint of Order

The recently launched ‘Make It 16’ campaign – aimed at lowering the voting age in New Zealand to 16 – has support from Children’s Commissioner Judge Andrew Becroft.

Becroft said lowering the voting age would enhance turnout, ingrain the habit of voting and uphold young people’s rights.

If this be so, why stop at 16?

Becroft says

“Children and young people have the right to have their voices heard and taken into account.”

This suggests there should be no age limit.

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The Supreme Court ruling in Cherry/Miller (No.2), and the power of parliament

The Constitution Unit's avatarThe Constitution Unit Blog

meg_russell_2000x2500.jpgThis week’s Supreme Court judgment against Boris Johnson on parliament’s prorogation has shaken British politics and will be looked back on as a landmark case. Yet at the same time, Meg Russell argues, it simply reinforces the core principle of parliament’s centrality in our constitution. There has long been a myth of executive-dominance in the British system. Perhaps after this case, the fact that the government gains its power and authority from parliament will be better recognised – by those both inside and outside the system.

The Supreme Court’s judgment in the prorogation case was damning. Short of deciding that Boris Johnson had misled the Queen (which would be difficult to know, given private conversations) the court issued the strongest possible condemnation on all counts. The government had argued that prorogation was non-justiciable: i.e. not a matter in which the courts could get involved. The justices instead ruled it justiciable…

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It’s Greta’s Worldview We Disavow

Ron Clutz's avatarScience Matters

Nick Gillespie gets the focus right in his Reason artilce Think Globally, Shame Constantly: The Rise of Greta Thunberg Environmentalism. Excerpts in italics with my bolds.

Her future—and that of the planet—hasn’t been “stolen” and the best way forward is through serious policy discussion, not histrionics.

To say that reactions to Thunberg are as extreme as her rhetoric is an understatement. . . But despite the volume and vitriol of the attacks directed her way, it’s vitally important that the worldview she represents and the policies she espouses are refuted. Like Rep. Alexandria Ocasio-Cortez (D–N.Y.), Sen. Elizabeth Warren (D–Mass.), and a host of other American politicians, Thunberg believes that we’ve only got a few years left to settle the fate of the planet, a basic tenet pushed by supporters of the Green New Deal and by most of the Democrats running for president. In fact, Thunberg thinks that “cutting our…

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David Friedman on US Foreign Policy, Syria, Assad, Terrorism, WWII, Hitler, and much more…

#OIA 2 @mfe_news @NZTreasury @MFATgovtNZ: information on if nations who invest early in clean technologies are expected to make the deeper emission cuts in climate treaties

From https://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=12101708

‘Green’ Energy’s Toxic Legacy: Millions of Wind Turbine Blades Destined for Landfills

stopthesethings's avatarSTOP THESE THINGS

Environmentalists have tumbled to the fact that wind power is anything but the ‘clean, green’ energy source its proponents claim it to be.

While the wind industry works overtime to bury a range of inconvenient facts, it’s actually burying millions of tons of toxic waste, among a list of other environmental sins.

Wind turbines don’t run on wind, they run on subsidies: cut the subsidies and once these things inevitably grind to a halt, they’ll never be replaced.

With an economic lifespan of something like 10-12 years (rather than the overblown 25 put forward by turbine makers and wind power outfits), over the next decade countries like Germany will be left with hundreds of thousands of 2-300 tonne ‘problems’ littering the landscape. With hundreds of turbines already kaput, Germans have already been smacked with the harsh and toxic reality of their government’s so-called ‘green’ obsession.

And they aren’t alone.

Iowa’s…

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@ProfSteve Keen didn’t pick up on why Nordhaus’ book is called Climate Casino according to the @nytimes review

From https://www.nytimes.com/2013/12/01/business/climate-casino-an-overview-of-global-warming.html

How do astronauts do hygiene?

whyevolutionistrue's avatarWhy Evolution Is True

This new video, narrated by former NASA astronaut (and Columbia professor) Mike Massimino, answers a lot of your pressing questions about how astronauts keep clean in space. His answers apply to the Space Shuttle and to the International Space Station, though procedures sometimes differ between them.  Here are some of the important issues addressed in the video.

How do you shower?
How do you pee and poo? And what happens to the feces and urine?
Can you shave in space?
How do you wash your hair or brush your teeth?
Can you wear contact lenses?
How can you do laundry?
What if you have to go to the bathroom during a space walk?
And does it get stinky up there? (Answer: yes indeed!)

In the end, Massimino speculates about future hygiene problems as we travel farther and longer from Earth.

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Alex Greene: Our Constitution, Accountability and the Limits of the Power to Prorogue

Constitutional Law Group's avatarUK Constitutional Law Association

Constitutions do many things. They distribute authority amongst public bodies, enshrine important points of substantive principle, and cement relationships between rulers and the ruled. However, in a more abstract and fundamental sense, constitutions also tell us something about ourselves as political collectives: they express the kind of polity we embody and the kind of people we have come to be.

Whether written or unwritten, constitutions establish the contours of our political communities. To use Hannah Arendt’s metaphor – borrowed from the Ancient Greek understanding of law as nomos – constitutions are the walls that encircle, define, and defend the everyday aspects of our political lives. It is against this normative backdrop that I want to reflect upon one element of what is expressed by the recent judgement of the United Kingdom Supreme Court in the cases of R (on the application of Miller) v The Prime Minister and Cherry and…

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Sam Fowles: Cherry/Miller: What’s Next?

Constitutional Law Group's avatarUK Constitutional Law Association

Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and Miller v the Prime Minister. The court found that the Prime Minister’s decision to prorogue parliament was unlawful and, consequently, null and void. This article aims to identify some of the immediate constitutional and political impacts of that decision.

The decision

Four key points underpin the court’s reasoning. First, the matter of justiciability. All parties accepted that the court was entitled to determine the existence and extent of prerogative powers. The government parties, however, argued that, where the power was exercised within its lawful bounds, it was not justiciable. Cherry and Miller argued that, even within lawful bounds, the ordinary principles of judicial review applied. The question of justiciability formed the cornerstone of the government’s case. Ultimately, however, the court decided it on entirely uncontroversial terms. The court found that it…

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Image

Another brain teaser for woke left @NZGreens @greenpeace @oxfam @AOC @BernieSanders @SenWarren @jeremycorbyn

Danny Nicol: Supreme Court Against the People

No longer possible to repeal the Fixed term parliament Act because dissolution by the queen would be subject to judicial review

Constitutional Law Group's avatarUK Constitutional Law Association

The chorus that the United Kingdom Supreme Court’s decision on prorogation (R. (on the application of Miller) v The Prime Minister; Cherry and others v. Advocate General for Scotland [2019] UKSC 41) has “nothing to do with Brexit” cannot withstand serious scrutiny. The British electorate’s decision to leave the European Union is the pivot around which contemporary politics revolves. There is no question to my mind that the aim of prorogation was to ease Britain’s withdrawal from the organisation, and thankfully the question of prime ministerial motivation was not a live issue in the Court’s judgment. This post argues that the Court acted in a partisan fashion as if it were the legal wing of Remain, and that as a result the judiciary now needs to have its wings clipped.

The political fundamentals against which the Miller-Cherry case fell to be decided are as follows: (1) a majority of…

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