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Tom Hickman KC

@tomrhickman.bsky.social
2.1K followers 274 following 14 posts

Professor of Public Law and a barrister, who posts on public law, the constitution and national security. Reposts are not endorsements.

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Tom Hickman KC @tomrhickman.bsky.social · 28/08/2024
Hello, Dinah!
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Dinah Rose KC @dinahrose.bsky.social · 28/08/2024
An excoriating analysis of the dire state of the US Supreme Court, by Lord Sumption, former UK Supreme Court Justice and Honorary Fellow of Magdalen. www.prospectmagazine.co.uk/world/north-...
prospectmagazine.co.uk
The president’s crimes
The oldest constitution in the world was not made for the political culture of modern America. The Supreme Court’s decision in Trump v United States is a symptom of its crisis
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David Anderson @bricksilk.bsky.social · 26/08/2024
... and (3) National Security and the Law www.daqc.co.uk/2022/11/19/n... /3
daqc.co.uk
National Security and the Law - David Anderson QC Lawyer London UK
"National Security and the Law" was the subject of this year's Birkenhead Lecture. It contains a description and assessment of the current state of our law on counter-terrorism, hostile state activity...
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David Anderson @bricksilk.bsky.social · 26/08/2024
... (2) Writing a Constitution (revised version to be published in Public Law this October) www.daqc.co.uk/2023/12/01/w... ... /2
daqc.co.uk
Writing a Constitution - David Anderson QC Lawyer London UK
I gave a lecture last night to the Statute Law Society on the subject of Writing a Constitution. Our constitution is sick (though its condition is chronic rather than acute); a written constitution is...
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David Anderson @bricksilk.bsky.social · 26/08/2024
If you are wondering whether to follow and want to know the sort of thing I do, here are recent lectures on (1) the House of Lords and the Law www.daqc.co.uk/2022/11/19/t... .../1
daqc.co.uk
The Lords and the Law - David Anderson QC Lawyer London UK
What use is the House of Lords? What contribution is made by peers with experience as lawyers and judges? How could the Lords be reformed, and does it make sense to speak of the intention of Parliamen...
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
The Labour Party adopted this approach in 2015, the conservatives around turn of century, so not a development that coincided with the development of democracy.
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David Anderson @bricksilk.bsky.social · 26/08/2024
Delighted you are here. This place has exceeded expectations in my first 24 hours. But needs more institutional (e.g. parliamentary) accounts - and [ducks] more conservatives.
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
Until relatively recently, this was the way our constitution worked.
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
Democracy is about having a roughly equal right to choose those that govern. It was therefore much more democratic for those who had been elected to represent the people of this country to choose Rishi Sunak as Prime Minister than for 172,000 Con party members to choose Liz Truss.
govern.it
govern.it
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
Coda to this. Whist there are differences, it is notable that John Swinney was appointed FM without a party vote after the short-lived Yousaf ministry, presumably to avoid another divisive leadership contest amongst party members; similarly, Sunak was appointed by MPs agreeing, to avoid party vote
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
Yes I agree. It’s a sort of softball version at the moment
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Tom Hickman KC @tomrhickman.bsky.social · 26/08/2024
Labour could strip members of vote in future leadership contests : I appear not to be the only one who thinks party members should not vote on leaders midterm: it’s inconsistent with constitutional principle. www.thetimes.com/article/3109...
thetimes.com
Labour could strip members of vote in future leadership contests
Allies of Sir Keir Starmer want to change the way the party elects its leader if it is in power, in a move being called the ‘Liz Truss lock’
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
Yes Adam - a rule whereby a parliament nominates a first minister achieves much the same as the governing party’s MPs choosing. And imagine how inappropriate it would be if all the MPs agreed a contract with party members by which they would vote for the person chosen by party members
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mandascott.bsky.social @mandascott.bsky.social · 25/08/2024
As far as I can tell, political parties are essentially private member’s clubs and can do whatever the heck they want to. See: expelling members en masse on fake pretext ahead of Corbyn’s 2nd leadership election. (Of which I was one…)
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
More on this and the constitutional issues around appointing ministers from outside Parliament, here (partly paywalled I’m afraid) : www.lrb.co.uk/the-paper/v4...
lrb.co.uk
Tom Hickman · Short Cuts: Outside Appointments
In a report published in 2010, the House of Commons Public Administration Committee warned that the prime minister’s...
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
The issue was not as obvious when Johnson was appointed as it was mid Brexit crisis and the Con Party was fractured and a minority administration. May was effectively appointed by MPs without a party election.
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
The radical policies she had promised to members quickly resulted in MPs withdrawing their support from her and Sunak was appointed without another members vote.
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
Because constitutional principle requires the King to appoint the individual most likely to command the confidence of the Commons, not party members. The issue arose starkly when Liz Truss was appointed PM, when Sunak had the support of Conservative MPs.
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
I’ve recently been seeking to explain why the rules that the political parties now have for choosing party leaders by vote of members operate inconsistently with constitutional principle as well as being contrary to the public interest, at least when prime ministers are replaced mid term. Why?
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Tom Hickman KC @tomrhickman.bsky.social · 25/08/2024
Good evening Bluesky. I’m giving this a try, learning the ropes and now in an echo chamber very helpfully created by @seanjones.org - for which many thanks indeed. Hoping to reach out beyond lawyers to advance a little here and there the understanding of legal issues.
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