Utopia, you are standing in it!

The relationship between the Scotland Act 1998 (“the SA”), Convention rights and the Human Rights Act 1998 (“the HRA”) is well known.

Convention rights are embedded in the Scottish constitution. The Scottish Parliament cannot legislate, and Scottish Ministers cannot act, in any way which is incompatible with those rights (SA ss. 29(2)(d), 53,54,57(2)).

The SA is largely independent of the HRA.

Questions whether provisions in an Act of the Scottish Parliament are incompatible, or Scottish Ministers have acted incompatibly, with Convention rights are usually determined by proceedings under the SA but they can also be determined under the HRA. (Somerville v The Scottish Ministers[2007] UKHL 44: and my article ‘Remedies under the Scotland Act: Implications ofSomerville’ 2007 SLT, 40, 289-294).

There are now similar provisions in both Acts regarding, title and interest, time limits and damages (SA ss. 100(1),(3), (3B) and HRA ss 7(1) (5) and…

The other day I got into a debate on the internet about the name of the Kingdom after the passing of the Act of Union of 1707 which united England and Scotland.

I was under the impression that this new Kingdom was simply called “Great Britain” or the “Kingdom of Great Britain” and Queen Anne’s title becoming “Queen of Great Britain and Ireland.”

Anne, Queen of Great Britain and Ireland

At the time Ireland was not joined to Great Britain but was in personal union with the sovereign and didn’t politically join Great Britain until the Act of Union of 1801. Therefore in 1801 the country then became known as “The United Kingdom of Great Britain and Ireland” and the sovereigns title reflected that change.

Now my internet debating friend insisted that the name of the kingdom after the Act of Union of 1707 became ” The United Kingdom of…

On 28 June 2022, the Scottish First Minister announced that the Lord Advocate had made a reference to the UK Supreme Court on whether a Bill for a consultative referendum on Scottish independence would fall within the Scottish Parliament’s legislative competence. Although there has already been much discussion  on the issue of legislative competence (see here, here and here), this post argues that consultative referendums have a broader constitutional significance that might impact both the determination of competence and the steps that will follow the court’s ruling.

Consultative and determinative referendums

Consultative referendums do not have direct legal consequences. Notable examples in the UK include the 2014 referendum on Scottish independence and the 2016 Brexit referendum. In both cases, the enabling statute for the referendum was silent as to the consequences of the result. Consultative referendums are contrasted with binding or ‘determinative’ referendums (asTierneyterms them) in which…

Concerns about the health of UK democracy and the risk of democratic backsliding are rising. Meg Russell, Alan Renwick and Lisa James warn that MPs, who are the ultimate democratic safeguard, cannot afford to be complacent if we wish to prevent backsliding and safeguard our democracy.

Commentators, civil society groups, think tanks and academics are increasingly warning about the health of UK democracy. Such warnings often draw on the concept of ‘democratic backsliding’.

But what is democratic backsliding? And is there good reason to worry about a risk of it in the UK?

What is democratic backsliding?

Democratic backsliding is, in its simplest form, the process by which a state becomes gradually less democratic over time. Scholars emphasise that no cataclysmic state collapse or overthrow is required for backsliding to take place; instead, it is a gradual process, coming about through actions of democratically elected leaders.

Democratic backsliding…

In this clip from an interview with Chile’s Axel Kaiser, I discuss “Wagner’s Law” and the lessons to be learned from fiscal policy in Western Europe.

If you don’t want to watch the video, my discussion can be summarized in three sentences.

• Yes, welfare states in Western Europe are comparatively rich by world standards.
• But those  countries became rich when they had relatively small governments.
• Adopting high taxes and big welfare states has since stunted their economic growth.

And here’s a fourth sentence that I should have mentioned.

• They compensate for bad fiscal policy by having laissez-faire policies in other areas.

I expect that some people won’t accept my argument without some supporting evidence, so I’m going to share some charts.

We’ll start with this chart from Our World in Data. As you can see, nations in Western Europe has almost no welfare states prior to…

Here are the slides from a presentations I gave last week to A-level students of economics, politics and business studies…

It appears as if adults are finally taking charge of energy policy, wresting it from the hands of boffins and bureaucrats determined to have us freezing or boiling in the dark.

Germany has restarted its coal-fired power plants and looks unlikely to shut down its nuclear power plants as previously mandated; the French are determined to maintain their 56 nuclear plants and have plans to build 14 all new plants in the near future.

In the US, its Supreme Court has just crushed Joe Biden’s surreptitious efforts to destroy America’s coal-fired power plants by a mixture of underhanded stealth and unlawful regulation.

The Epoch Times had this report on Joe’s latest constitutional blow.

Supreme Court Narrows EPA’s Ability to Regulate Carbon Dioxide Emissions
Epoch Times
Matthew Vadum
30 June 2022

The Supreme Court ruled 6–3 on June 30 that the Clean Air Act doesn’t give the U.S. Environmental Protection Agency…

There was some controversy about Arctic sea ice in May of this year. Back then, I saw some (contradictory) messages in a quick succession. First, there was a tweet claiming that Arctic sea ice extent was the same as in 1989, followed by a fact-check claiming that this was just cherry-picking and that it in fact going steadily downhill, finally a reply that also the fact-check was cherry-picking and overall sea ice extent was just fine.

So, what is it? Is Arctic sea ice going to hell in a handbasket or is it doing just fine, already recovered to 1989 levels?

It is several years ago since I looked at Arctic sea ice extent data and at that time there was what seems to be a modest beginning of a pause, so I was curious how it evolved since then. Did that pause continue or is it straight down again?

One of the better sequences in Baz Luhrmann’s “Elvis” is recreating that sacred piece of Elvis lore, “Singer Presents…Elvis,” the Xmas season TV show labeled “The ’68 Comeback Special.”

Luhrmann does spectacle like few filmmakers working today.

But you might be surprised how impressive that analog live on videotape show was for its day, and remains. Here’s a favorite but featuring a song by Burt Reynolds ‘ future sidekick, Jerry Reed.

You can find the entire special on YouTube, in pieces and in complete form. Some of it is teeth grindlingly dated. But what worked still works.