Public Law Blog

Insights and legal updates from specialist public law solicitors.

24 October 2018

How does secondary legislation come into force? The enactment of secondary legislation and the impact on subsequent litigation

Many who voted for Brexit did so to ‘Take Back Control’ from the EU, but who will legislative control pass to after Exit Day and what are the possible consequences for our constitution and for all of us? In the third post in our Public Law team’s blog series Fred Allen outlines the processes by which secondary legislation is enacted and examines how these might affect judicial scrutiny. Follow our Public Law blog for more.

Fred Allen

18 October 2018

Modern Slavery Act 2015: Under Review

Since its implementation, the Modern Slavery Act 2015 (“the MSA”) has not only increased public and corporate awareness of slavery in the modern day but has focused the government’s and Crown Prosecution Service’s (“CPS”) attention and resources towards fighting people trafficking, modern slavery, organised immigration crime and forced labour.

Sophie Wood

25 September 2018

Blowing spies’ legal cover? Reprieve threatens judicial review of alleged government misuse of the ‘James Bond clause’

Earlier this month the Guardian reported that Reprieve has sent a formal pre-action protocol letter to the Foreign Secretary challenging “a pattern of authorisations” granting legal protection to British spies for otherwise unlawful acts done outside the British Islands. The allegation is that authorisations are being given despite the risk of torture, inhuman or degrading treatment. This blog gives some initial thought to the issues.

Nick Wrightson

19 September 2018

What is secondary legislation and why do we have it?

Many who voted for Brexit did so to ‘Take Back Control’ from the EU, but who will legislative control pass to after Exit Day and what are the possible consequences for our constitution and for all of us? In the second post in our Public Law team’s series Nick Wrightson outlines why secondary legislation is necessary in modern Britain. See our Public Law Blog for more.

Nick Wrightson

10 September 2018

Kingsley Napley considers statutory instruments and Brexit

Many who voted for Brexit did so to ‘Take Back Control’ from the EU, but who will legislative control pass to after Exit Day and what are the possible consequences for our constitution and for all of us? In the coming months, Kingsley Napley’s Public Law team will publish a series of short comment pieces that explore the functions of statutory instruments in the UK, how lawmakers are held to account and the implications of Brexit in this area. Follow our Public Law Blog and Brexit Blog for more.

Adam Chapman

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