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From davidallengreen.com

A close look at Truss’s legal threat to Starmer – a glorious but seemingly hopeless cease-and-desist letter

3 4

9th January 2025 This post is about a “cease-and-desist” letter that has reportedly been sent on behalf of the former Prime Minister Elizabeth Truss to the current Prime Minister Keir Starmer. For …

#LizTruss #defamation

on Thu, 5PM

From davidallengreen.com

“Twelfth Night Till Candlemas” – the story of a forty-year book-quest and of its remarkable ending

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The day before the Winter Solstice, 2024 This post is about finally finding a book from one’s youth forty years later – and after nearly thirty years of searching. It is also a tale about gob…

on Dec 20

From davidallengreen.com

How the lore of New Year defeated the law of New Year – how the English state gave up on insisting the new year started on 25 March

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New Year’s Day 2025 By the mid 1700s in England there was a curious juxtaposition between the lore of New Year’s Day and the law of New Year’s Day. The legal system, the government, the estab…

on Jan 1

From davidallengreen.com

An argument about Assisting Dying – matters of life and death need to be properly regulated by law, and not by official discretion

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28 November 2024 I almost did not publish the post below. The online (and no doubt offline) debate about this topic is heated and often abusive, and as one gets older one loses usually loses the ta…

on Nov 28

From davidallengreen.com

New stories for old – making sense of a political-constitutional rupture

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14th November 2024 * LAUNCELOT: I will send help as soon as I have accomplished a daring and heroic rescue in my own particular… CONCORDE: Idiom, sir? LAUNCELOT: …idiom! – Monty Python …

on Nov 14

From davidallengreen.com

The shapes of things to come – some thoughts and speculations on the possibilities of what can happen next

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8th November 2024 The working assumption of many in reaction to the re-election of Trump as President is that he will serve a full term. And that is the most likely outcome, as that is what preside…

on Nov 8

From davidallengreen.com

A postcard from the day after an election: capturing a further political-constitutional moment

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6th November 2024 Yesterday things were unclear, and today things are all too clear. Yesterday it looked as if Harris could win. On the evidence available to someone watching from England, there se…

on Nov 6

From davidallengreen.com

A postcard from the day of an election – capturing a political-constitutional moment

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5th November 2024 Today is the day of the American presidential election. Sooner or later there should be a result – even if, like four years ago, there is drama (or worse) all the way into t…

on Nov 5

From davidallengreen.com

“…as a matter of law, the house is haunted” – a quick Hallowe’en post about law and lore

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Hallowe’en 2024 As words ‘law’ and ‘lore’ can sound pretty much alike. And as things they are also very similar: that is a theme of this blog. But from time to time the courts are asked to de…

on Oct 31

From davidallengreen.com

Prisons and prisons-of-the-mind – how the biggest barrier to prisons reform is public opinion

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28th October 2024 In every voice: in every ban, The mind-forg’d manacles I hear – from London by William Blake * Over at Prospect I have done an article on the recent announcement about…

on Oct 28

From davidallengreen.com

A blow against the “alternative remedies” excuse: the UK Supreme Court makes it far harder for regulators to avoid performing their public law duties

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22nd October 2024 Not all cases of constitutional import involve the high drama of cheering campaigners and disappointed ministers – or of cheering ministers and disappointed campaigners. But…

on Oct 22

From davidallengreen.com

What explains the timing and manner of the Chagos Islands sovereignty deal?

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20th October 2024 Towards resolving a puzzle about how and when the decision was announced * Perhaps the best place to start for a blogpost or any other writing is a sense of puzzlement. A thing do…

on Oct 20

From davidallengreen.com

Happy birthday, Supreme Court: the fifteenth anniversary of the United Kingdom’s highest court

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1st October 2024 In the main courtroom of the Supreme Court there are the benches – really desks – where the Supreme Court judges sit, and at each place there is a microphone for each j…

on Oct 1

From davidallengreen.com

Words on the screen – the rise and (relative) fall of text-based social media: why journalists and lawyers on social media may not feel so special again

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30th September 2024 In the beginning was the Word. * Well, in the beginning there were words. Lots of words, all over the place, at the beginning of the internet and then of the World Wide Web. And…

on Sep 30

From davidallengreen.com

Political accountability vs policy accountability: how our system of politics and government is geared to avoid or evade accountability for policy

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24 September 2024 Over at Bluesky, the German writer and historian Helene von Bismarck, an acute observer of British politics, posted this interesting question: “One question I have been asking mys…

on Sep 24

From davidallengreen.com

Miscarriages of Justice: the Oliver Campbell case

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21st September 2024 How a recent appeal case is instructive about how difficult it for the English legal system to right a wrong * Over at Prospect I have done a piece on the recent Oliver Campbell…

on Sep 21

From davidallengreen.com

How Taylor Swift’s endorsement of Harris and Walz is a masterpiece of persuasive prose: a songwriter’s practical lesson in written advocacy

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11th September 2024 Taylor Swift has endorsed the Democratic nominees Kamala Harris and Tim Walz. * Politically and culturally the endorsement is significant, but this is not really a political or …

on Sep 11

From davidallengreen.com

Supporting Donald Trump is too much for Richard Cheney

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7th September 2024 Back in the halcyon days of that golden age of when politics seemed kind of normal, there was no greater illiberal pantomime villain than Vice President Richard Cheney. (Of cours…

on Sep 7

From davidallengreen.com

A miscarriage of justice is normally a systems failure, and not because of any conspiracy – the cock-up theory usually explains when things go wrong

0 1

30th August 2024 One accusation that is often made of anyone with an interest in possible miscarriages of justice is that they are “conspiracy theorists”. In reality, however, you do not have to po…

on Aug 30

From davidallengreen.com

What Elon Musk perhaps gets wrong about civil wars being ‘inevitable’ – It is in the nature of civil wars that they are not often predictable

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7th August 2024 On the site that is still known as Twitter, Elon Musk has again tweeted that ‘civil war is inevitable’. The thing is that civil wars are rarely inevitable – at least not in th…

on Aug 7

From davidallengreen.com

How the criminal justice system deals with a riot

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5th August 2024 Thirteen years ago, I went along to the south London shopping centre expecting to report on a riot. But there was not a riot. And so in a splendid exercise of journalism, I filed a …

on Aug 5

From davidallengreen.com

And out the other side? The possible return of serious people doing serious things in law and policy

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10th July 2024 There is a sub-genre of fantasy literature which can be called the “portal” story. Here someone goes through a portal into a world similar to but also profoundly different from our o…

on Jul 10

From davidallengreen.com

What if a parliamentary candidate did not exist? The latest odd constitutional law question which nobody has really thought of asking before

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9 July 2024 What would be the legal position if a parliamentary candidate did not exist? A non-existent candidate, yesterday. This question is posed because of concerns currently expressed as to wh…

on Jul 9

From davidallengreen.com

The task before James Timpson: the significance of this welcome appointment – and two of the obstacles that he needs to overcome

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8th July 2024 The appointment of James Timpson as prisons minister is welcome – indeed it is the most welcome appointment to this position that any sensible person can imagine. But there are …

on Jul 8

From davidallengreen.com

How the Met police may be erring in its political insider betting investigation – and why we should be wary of extending “misconduct of public office” to parliamentary matters, even in nod-along cases

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28 June 2024 Some may be tempted to clap and cheer at the news that a Conservative politician is facing a Metropolitan police investigation in respect of alleged political insider betting. But this…

on Jun 28

From davidallengreen.com

Of majorities and “super-majorities”

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21st June 2024 The greatest prize that the constitution of the United Kingdom can bestow is a substantial parliamentary majority at a general election. With such a majority you can be confident to …

on Jun 26

From davidallengreen.com

What you need to know about commercial regulation, in the sports sector and elsewhere – for there is compliance and there is “compliance”

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25th June 2024 Imagine you are a business person faced with an irksome or onerous regulation. The regulation means that a course of action you would like to take for your business may not be availa…

on Jun 25

From davidallengreen.com

The strange omission in the Conservative manifesto: why is there no commitment to repeal the Human Rights Act?

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12th June 2024 As each party manifesto is published online, and for my own easy amusement, I like to search the pdf for words like “enshrine” and “clear”. And after that easy amusement, I look for …

on Jun 24

From davidallengreen.com

Seven changes for a better constitution? Some interesting proposals from some good people.

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24th June 2024 In the Times today there is a letter published from various good sorts putting forward seven practical and easy-to-make steps for a better constitution. One of the signatories, David…

on Jun 24

From davidallengreen.com

The predicted governing party implosion in historical and constitutional context

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11th June 2024 From time to time the party now known as the Conservative and Unionist party has done badly – very badly. * In 1828-32, the old Tory collapsed as what some historians call the …

on Jun 24

From davidallengreen.com

The public service of an “Enemy of the People”

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22nd June 2024 You may remember this headline: This was about the first of the two Brexit cases where the courts had to prevent the government acting in spite of parliament. The court held that an …

on Jun 22

From davidallengreen.com

Donald Trump is convicted – but it is now the judicial system that may need a good defence strategy

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1st June 2024 On balance, the prosecution of Donald Trump in New York did not look likely to succeed. The prosecution had to show that certain business records were falsified at the direction of or…

on Jun 1

From davidallengreen.com

Thoughts on the calling of a general election – and on whether our constitutional excitements are coming to an end

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29 May 2024 When the general election was suddenly called I was in the middle of writing about another legal topic for Prospect. And then when the current Prime Minister squelchingly announced a ge…

on May 29

From davidallengreen.com

Another inquiry report, another massive public policy failure revealed

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21st May 2024 There are so many governmental scandals that it is difficult to keep up with them all, and one horrific scandal this blog has not before covered is about contaminated blood. This week…

on May 21

From davidallengreen.com

On how regulating the media is hard – if not impossible – and on why reviving the Leveson Inquiry may not be the best basis for seeing what regulations are now needed

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Star Wars Day, 2024 I once came across a quote in a history book which I have never been able to re-find. It was from an acquaintance of I think Lord Randolph Churchill (Winston’s father), or perha…

on May 4

From davidallengreen.com

How the civil justice system forced Hugh Grant to settle – and why an alternative to that system is difficult to conceive

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17th April 2024 Hugh Grant has acted in many counter-intuitive scenarios. But the situation he described today on Twitter is perhaps the most counter-intuitive predicament of them all: * Grant has …

on Apr 18

From davidallengreen.com

The Law and Policy Blog

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Independent commentary on law and policy from a liberal constitutionalist and critical perspective

on Apr 15

From davidallengreen.com

Why prime ministers and ministers should read the legal texts for which they are responsible – and not leave it to summaries and advisors

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16th January 2021 There are news reports that the prime minister has not read the trade and cooperation agreement with the European Union – and nor had the fisheries minister before it was ag…

on Mar 2

From davidallengreen.com

A close look at the law and policy of holding a Northern Ireland border poll – and how the law may shape what will be an essentially political decision

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10th February 2024 This week Prospect posted something by me on the issue of a potential border poll in Northern Ireland. Please click (and read!) here. This post unpacks that Prospect post –…

on Feb 11

From davidallengreen.com

How the government is seeking to change the law on Rwanda so as to disregard the facts

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30th January 2024 The decisions of judges, other than about case and court management, can be divided into two sorts. First, there are rulings. These rulings can be about the substantive law, or th…

on Jan 30

From davidallengreen.com

How the legal system made it so easy for the Post Office to destroy the lives of the sub-postmasters and sub-postmistresses – and how the legal system then made it so hard for them to obtain justice

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12th January 2024 The Post Office Horizon scandal is both simple and complex, straightforward but also difficult to grasp in all its interconnected detail. The essence of the scandal is, of course,…

on Jan 22

From davidallengreen.com

What is often left unsaid in complaints about pesky human rights law and pesky human rights lawyers

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15th December 2023 * Those criticising human rights law and lawyers often shy away from spelling out the substance of a particular right * You may or may not remember Abu Qatada and how he once fea…

on Dec 15, 2023

From davidallengreen.com

The three elements of the Rwanda judgment that show how the United Kingdom government is now boxed in

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30th November 2023 This post is about three elements of the judgment of the Supreme Court on the Rwanda policy – and how the Supreme Court decision means that the Rwanda scheme cannot be save…

on Nov 30, 2023

From davidallengreen.com

What if the Elgin Marbles were not legally acquired by the British Museum in the first place?

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15th November 2021 No sensible person can deny that the exhibition of the Elgin Marbles at the British Museum is awesome. To walk into the relevant room at the museum is breathtaking. But. The sple…

on Nov 28, 2023

From davidallengreen.com

Why the United Kingdom government cannot leave the ECHR without either breaching or re-negotiating the Good Friday Agreement

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1st July 2023 * The overlooked obstacle to the United Kingdom withdrawing from the ECHR * From time to time the demand comes from a government minister, or from one of their political and media sup…

on Nov 18, 2023

From davidallengreen.com

Proportionality is an incomplete legal concept

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25th October 2023 * The legal(isitic) concept of proportionality does not exist in a vacuum, for it is a term for the relationship between means and objectives * There is an old line shared by Engl…

on Oct 25, 2023

From davidallengreen.com

Commissioner Breton writes a letter: a post in praise of the one-page formal document

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11th October 2023 Thierry Breton is the Commissioner for Internal Market of the European Union and yesterday he sent a letter: * You may have strong views – very strong views – on the c…

on Oct 11, 2023