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Posts by Gavin Phillipson

The principle I think is well recognised and flows from the unelected nature of the Lords. I’m not saying that precludes the Lords from amending such Bills, but from rejecting them entirely. How much they can legitimately insist on amendments is in a grey area.

7 months ago 1 0 2 0

I don’t think that was the view of either the Govt or many members of the Lords.

7 months ago 0 0 1 0

I disagree with Mark to this extent: I don’t see it being a PMB makes any difference to the broad constitutional case for primacy, which flows from the Lords’ unelected status. It does complicate the application of the PA procedure as he says.

7 months ago 0 0 1 0

It was a mixture of both. But out of interest, are you arguing it would have been perfectly legitimate for the Lords to reject Rwanda at Second Reading since it wasn’t a manifesto Bill?

7 months ago 0 0 2 0

The HL has a general duty to respect the primacy of the Commons. Hence the fact that the Parliament Act has had to be used only a handul of time since 1911. The Lords know this see e.g. the speeches in the Lords re the Rwanda Bill(which was not a manifesto Bill).

7 months ago 3 0 1 0
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Yuan Yi Zhu on X: "Unsurprisingly the head of comms of @dignityindying is peddling constitutional falsehoods. This is a PMB. It's not in any manifesto. It's not been passed twice by the House of Commons in two consecutive sessions. The House of Lords has no duty to defer." / X Unsurprisingly the head of comms of @dignityindying is peddling constitutional falsehoods. This is a PMB. It's not in any manifesto. It's not been passed twice by the House of Commons in two consecutive sessions. The House of Lords has no duty to defer.

It being a PMB makes no difference to the core reason the Lords defers to the Commons - its unelected status (the relevance of manifestos doubtful these days). Curious to see opponents of judicial power arguing it's fine for an unelected House to thwarting the democratic will.
x.com/yuanyi_z/sta...

7 months ago 5 0 1 0
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Very much looking forward to reviewing both these exciting new books, by Profs Paul Wragg and ⁦@proftomkins.bsky.social‬
respectively!

9 months ago 6 1 1 0

Great thread, illustrating you can't accurately delineate the protective scope of CDA 230 shielding platforms from potential liability for the content they host without knowing the First Amendment caselaw that determines when such content can and can't generate liability in the first place.

10 months ago 1 0 0 0

It's very hard to say whether it's the Chagos Islands or the 'Brexit reset' that has produced more frothing hysteria from the rightwing commentariat. Either way it's been both amusing and slightly surreal to witness.

10 months ago 5 1 2 0
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Jacob Rees-Mogg on X: "Advocates of free speech must defend Lineker’s tweets from this type of investigation; being offensive is not a crime. https://t.co/saLP2EsPj8" / X Advocates of free speech must defend Lineker’s tweets from this type of investigation; being offensive is not a crime. https://t.co/saLP2EsPj8

Unfortunately being grossly offensive online *is* a crime: legislation.gov.uk/ukpga/2003/2... The last Govt should have asked Parliament to repeal this offence when the Online Safety Act was passed. It didn't & police enthusiastically enforce it. thetimes.com/uk/crime/art...
x.com/Jacob_Rees_M...

10 months ago 3 0 1 0

Expert curatorship I'd say...

11 months ago 1 0 0 0

This promises to be a great collection.

11 months ago 1 1 1 0

thank you!

11 months ago 0 0 0 0

Thank you! Interesting to look around here...

11 months ago 2 0 1 0
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Hate Speech and the European Court of Human Rights | Natalie Alkiviado This book argues that the European Court of Human Rights (ECtHR) should reconsider its approach to hate speech cases and develop a robust protection of freedom

I recent read this forthcoming book by @nataliealkiviadou.bsky.social taylorfrancis.com/books/mono/1... It's a really forensic and detailed critique of the often unprincipled and illiberal caselaw of the European Court of Human Rights on hate speech. Essential reading if you're writing in the area.

11 months ago 11 6 0 0
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Royal Law This book argues that prerogative powers encompass all the non-statutory powers of the Crown. Hence the Crown has no 'third source' powers, common law powers or…

I was Robert's supervisor for the thesis, but he's done a huge amount of work on it since. So v much forward to reading what will be a key work on the royal prerogative. (Which will of course set the cat amongst the common law pigeons). Book launch Bristol 3 July www.bloomsbury.com/uk/royal-law...

11 months ago 11 5 1 1

many thanks Steve. Had heard of the starter packs, just figuring them out!

11 months ago 1 0 1 0

@stevepeers.bsky.social @paolosandro.bsky.social hi both - recommends for others to follow here? Just arrived!

11 months ago 4 0 3 0