The Deal in Detail 6): Law and Constitution

The fifth of a series of pieces from Policy Exchange looking at specific issues that arise from the Brexit trade deal.

John Howell: It is time for Britain to take the Council of Europe more seriously

As we depart the EU, a new commitment to this older body would demonstrate our continuing commitment to our friends on the continent.

Is it really worth breaking international law to curb the role of the European Court?

Johnson and Cummings’ previous assaults on the pre-Brexit order have been brilliantly conceived.  This one may not be up to the same standard.

The Constitution, Democracy and Rights Commission pledged in the Conservative Manifesto is being quietly shelved

It was promised “in our first year”. Instead, there will be mini-commissions, and a push to reform a Government bugbear: judicial review.

Richard Ekins: How the Supreme Court has empowered Gerry Adams to sue the Government – and seek damages

Worse, its judgement has knock-on implications for the effectiveness of government. Urgent corrective legislation is needed.

The behaviours of the civil service

At the heart of the Rutnam row is its reservations not only about how the post-Brexit journey is being negotiated, but about taking it in the first place.

“The shocking influence of lawyers on policy”

The Government seems to be gearing up for a big fight over human rights laws in the wake of the Streatham terror attack.

What you may have missed about the Conservative Manifesto 5) Johnson has neither forgiven nor forgotten the Supreme Court

He will remember Lady Hale and her swipe over “girly swots”.  More pertinently, he will have in mind the court’s constitutionally illterate decision over prorogation.

The European Court of Human Rights has set a problematic precedent on religious freedom

In justifying their defence of Austria’s ‘blasphemy law’, its judges seem to be not just expanding but changing the relevant protections in the Convention.

Catherine Utley: Let’s end the civil partnership ban on these devoted, long-term, cohabiting people

Siblings who have lived together for many years should be entitled to the same rights and protections.

Tatchell defends anti-abortion protests – and tells how he got Cameron and Johnson to support same-sex marriage

The veteran LGBT campaigner says the former Prime Minister’s aides “were terrified I might try and kiss him, or superglue myself to the Cabinet table”.

The mighty edifice of human rights rests on no coherent philosophy

Noel Malcolm warns that the European Court of Human Rights has become a threat to democracy.

Remaining in the ECHR is a cost of leaving the EU

Given its majority and manifesto, the Government cannot take on both delivering Brexit and quitting the court. But it must stand fast against the Charter of Fundamental Rights.

If Stormont is to be overridden on gay marriage, it must be by Parliament

Ulster citizens deserve the same marriage rights as their fellow Britons. But a recent bid to secure them through the courts was wrong.

Welsh Government proposes allowing votes for prisoners in council elections

Thousands of inmates could become a significant proportion of the electorate in particular local wards.