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Jack Simson Caird

Biography Dr Jack Simson Caird is Senior Research Fellow in Parliaments and the Rule of Law at the Bingham Centre for the Rule of Law. He joined the Bingham Centre in July 2018. Prior to joining the Bingham Centre, Jack was the constitutional law specialist in the House of Commons Library, where he led the Library's work on the European Union (Withdrawal) Bill. Jack was a lecturer in Public Law at the University of Sussex from 2014 to 2015. His academic work has focused on the UK Parliament's…

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Murray Hunt

Biography Murray Hunt is the Director of the Bingham Centre for the Rule of Law. He has a lifelong interest in the ways and means by which the values a society considers fundamental attain and keep a special normative status, how that special status can be reconciled with a commitment to representative democracy, and how to get practitioners and theorists to talk to each other about these questions so that practice is informed by theory, and theory informed by practice. From 2004 to 2017,…

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Prime Minister announces new Modern Slavery Centre to be led by the Bingham Centre

Today the Prime Minister announced an ambitious new Policy and Evidence Centre on Modern Slavery to be led by the Bingham Centre The Prime Minister has today announced the investment of £10million of public funding from UK Research and Innovation's Strategic Priorities Fund to create an ambitious new Policy and Evidence Centre on Modern Slavery and Human Rights. The Centre's job will be to bring about a step change in our understanding of modern slavery and to transform the effectiveness…

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Parliament must act quickly to exert influence if it wishes to prevent a ‘no deal’ Brexit

In four months' time, the extension to the Article 50 period agreed in April will expire. The UK will have a new Prime Minister by then, although it remains unclear what position they will take if the Commons continues to refuse to approve the Withdrawal Agreement. Jack Simson Caird analyses the legal and political mechanisms available should parliament seek to prevent the next Prime Minister taking the UK out of the EU without a deal. Boris Johnson has said that if he is the next Prime Minister…

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APPG on the Rule of Law: Can Parliament stop a no deal Brexit?

APPG on the rule of Law: Can parliament stop a no deal Brexit? A recent Institute for Government comment arguing that Parliament would not be able to stop a Prime Minister determined to deliver no deal has provoked significant debate. This roundtable is being convened to debate the argument advanced in the comment piece and to consider the possible steps that Parliament could take to prevent a no deal exit. Chair Dominic Grieve QC MP, Chair of the APPG on the Rule of Law…

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APPG on the Rule of Law: Parliament, Brexit and the Rule of Law

'Brexit, Parliament and The Rule of Law: extending Article 50 and implementing the Withdrawal Agreement' 'Brexit, Parliament and The Rule of Law: extending Article 50 and implementing the Withdrawal Agreement' This meeting considered the events leading up to 29 March and discussed Rule of Law challenges facing Parliament. Chair Dominic Grieve QC MP, Chair of the APPG on the Rule of Law Speakers Professor Kenneth Armstrong, Professor of European Law at the University…

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The Bercow Bombshell: Political Constitutionalism in Action

This week, like the last and probably the next, the constitutional and political drama in the Brexit process reached new heights. The week began with a statement  from the Speaker of the House of Commons, John Bercow MP. The Speaker took many by surprise by invoking a precedent that has existed since 1604: that once the Commons has rejected a motion or Bill, the proposition in question should not be re-introduced in the same parliamentary session. The Speaker's intervention, both in terms…

PARLIAMENTS

MPs’ powers of persuasion are shaping the Brexit endgame

This week has been a momentous one for the Brexit endgame in the Commons. There is a growing sense of frustration and bewilderment at the lack of progress being made by MPs. However, it is worth taking a step back and seeing this week's events in the wider context of the relationship between the government and the Commons which has been evolving and adapting to the unique circumstances of Brexit. In a UK in a Changing Europe and Bingham Centre for the Rule of Law report published this week ,…

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The House of Commons’ Last Chance at Taking Back Control?

On Wednesday 27 February, MPs will have another opportunity to debate an amendable motion on the Government's approach to Brexit. The debate on Wednesday is likely to focus on the plan put forward by Yvette Cooper MP (Labour) and Oliver Letwin MP (Conservative). They want MPs to have a legally binding say on whether the Prime Minister seeks an extension to Article 50's two-year negotiating period. An amendment on Wednesday (if passed) would make time for legislation to achieve this. This post…

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For Rule of Law in the US, 2019 Brings New Hope

Published in The Hill  on 28 December 2018 For those concerned about the rule of law in the United States, the last two years have been a steady drip - accelerating at times to a full-blown torrent - of terrible, horrible, no good, very bad days. 2017 was tough, but 2018 was tougher. The year included the manufacture and release (against adamant objections from the intel community) of the infamous "Nunes" memo. It included the Helsinki summit between presidents Trump and Putin. It included…

PARLIAMENTS

The Commons’ verdict delayed: a decisive shift in the battle for control of the Brexit Endgame?

Theresa May's delay of the meaningful vote was a game-changing decision in the contest between the Commons and the Government for control of the Brexit process. This decision - ostensibly to address the concerns of MPs and enable further legal clarifications from the EU - might not appear that significant. In principle, the delay simply ensures MPs have all the information they need to make an informed choice. However, this underplays the strategic importance of the delay. The Government's…

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The House of Commons and the Brexit Endgame: what can the Commons achieve before exit day?

This was originally published in the UK in a Changing Europe blog  on 23 November 2018, republished here with kind permission. Amid all the noise around leadership challenges and a People's Vote, it is easy to forget that the role of the House of Commons in the Brexit Endgame is focused on two core tasks: Approving the Withdrawal Agreement and the Framework on the Future Relationship (the meaningful vote); and Turning the Withdrawal Agreement into domestic law through the EU (Withdrawal…

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Taking Back Control: Brexit, Parliament and the Rule of Law

Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK's constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis , we argue that the next six months represents a major test for the Rule of Law in the UK. The Rule of Law does not itself provide answers to the question…

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