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Carl Gardner

@carlgardner.bsky.social

Backroom legal obsessive. Former law lecturer and government lawyer. https://www.linkedin.com/in/carlgardner/ Also books, beer, films, and a bit of politics. London and Warrington.

created November 28, 2023

2,055 followers 831 following 2,085 posts

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Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

That seems a very common radical left belief nowadays.

2/9/2025, 9:48:53 PM | 6 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I think this’ll be disastrous for the Greens. Yet again we see party members making the worst choice of leader.

2/9/2025, 9:44:50 PM | 10 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I was once talking to a student who was pro Scottish independence. I asked her about Orkney and Shetland, and she admitted she was (as I'd put it to her) a unionist as regards Scotland. I was impressed by her unapologetic frankness about it.

2/9/2025, 7:49:27 PM | 1 0 | View on Bluesky | view

Profile picture Donal Coffey (@donalcoffey.bsky.social) reposted

There has been a lot of ink spilled about the substance of the Policy Exchange paper today. I just want to write a brief thread here on a point that I haven't seen mentioned today and what I think is likely to be a key target of the paper: the upcoming Supreme Court appeal in Dillon (UKSC/2025/0013)

1/9/2025, 7:47:59 PM | 13 14 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I agree. The people I’m talking about tend to mostly want much higher taxes on the rich, as you say, rather than on themselves. To be fair I do think many of them would happily pay more in tax, but I think also tend to overestimate other people’s readiness to do so.

2/9/2025, 6:22:16 PM | 3 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You seriously think the Supreme Court wrote that judgment because Starmer told them to? What a bonkers conspiracy theory.

2/9/2025, 6:18:25 PM | 0 0 | View on Bluesky | view

Profile picture Steve Peers (@stevepeers.bsky.social) reposted

Full text of last week's Court of Appeal judgment on Essex asylum hotel www.bailii.org/ew/cases/EWC...

2/9/2025, 6:07:45 PM | 15 5 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

To a lot of people now, “austerity” just means not increasing spending, borrowing and tax as much as they’d like to.

2/9/2025, 6:08:18 PM | 7 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

For the Greens.

2/9/2025, 6:01:39 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I reckon this is a disaster for them. It’ll blow up their voter coalition perhaps permanently and divide their activists (or divide them more), and they’re going to waste a lot of time on the question of relations with “Your Party”.

2/9/2025, 4:39:47 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I wonder how many Dutch and Austrian people would agree with her characterisation of events there. I think the far right has become normalised in both countries, and that it’s now very hard to govern without them. I think she’s always wanted PR so this is just her argument du jour.

2/9/2025, 4:31:20 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

Interesting, because some Americans (like Musk) give the impression that there’s a vast gulf between their approach to free speech and ours. I’m not sure it is that vast.

2/9/2025, 4:25:30 PM | 1 0 | View on Bluesky | view

Profile picture Nick Diable (@defencebrief.bsky.social) reposted

I don't particularly agree with his views, but if he has been arrested over these three tweets then that's completely ridiculous. open.substack.com/pub/grahamli...

2/9/2025, 2:07:01 PM | 5 2 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

Polanski’s win is good news for Ed Davey, isn’t it? I imagine the LibDems are well placed to pick up some of the less “firebrandy” former Green voters in seats that may be good targets for them.

2/9/2025, 4:10:13 PM | 2 0 | View on Bluesky | view

Profile picture Barbara Rich (@barbararich.bsky.social) reposted

Quite appallingly, the shadow Lord Chancellor and shadow Secretary of State for Justice has posted to X an inaccurate and misleading statement about the Court of Appeal’s judgment, mistakenly quoting and describing paragraph 114 of the judgment it overruled, not the Court of Appeal’s own reasoning

2/9/2025, 12:54:39 AM | 28 17 | View on Bluesky | view

Profile picture George Peretz KC (@georgeperetzkc.bsky.social) reposted

Could I take this opportunity to suggest to all my followers that they follow Barbara? She comes from a different political perspective to me but she is always worth hearing even when (especially when) we disagree.

1/9/2025, 5:11:42 PM | 37 8 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Yes, fair point.

1/9/2025, 6:40:09 PM | 2 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I’m one of those people, and it’s important to me and for my career to be a barrister. I’m happy to be regulated, and I think there are enough barristers in slightly alternative careers like to make it a good idea.

1/9/2025, 6:06:19 PM | 3 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

There’s no sensible alternative now either, and no sign of one being available by 2029. It’s Starmer or chaos.

1/9/2025, 6:04:02 PM | 2 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Good example! Lots of people did that in 2022, I saw it everywhere.

1/9/2025, 4:55:52 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I suppose it depends how much of a habit these things become.

1/9/2025, 4:54:57 PM | 3 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I'm fine with both. I also (unlike apparently a lot of people here) am not bothered if the PM has one in his house.

1/9/2025, 4:53:54 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Okay, but why are e.g. flags in online profiles different? That's as demonstrative or performative as anything else.

1/9/2025, 4:51:22 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Maybe that's changed a bit, and not necessarily because of the far right. Maybe it's just part of the general Americanisation of our culture. I bet some people put their hand on their heart when singing the national anthem nowadays.

1/9/2025, 4:48:33 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Obviously I agree about not being pressured to fly flags. And I'm not into flags as an ideological symbol. I do see your point about England flags. But I do also think that if we start seeing a national flag as a divisive ideological symbol, that will really help those who want it to be one.

1/9/2025, 4:45:58 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

The Daily Mail might have said that! There are lots of flags around, on pubs and cafes for example, and on people's profiles here, going without comment all the time. It seems to me displaying flags is pretty normal!

1/9/2025, 4:42:24 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

How about the Scottish or Welsh flags? What makes them better, if they are? I think the only rationale that makes any sort of sense is if we've decided we will just give the far right the English and British flags because they want them.

1/9/2025, 4:34:47 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

What's the difference? Why would we see one flag as normal and okay for people to display, the other not?

1/9/2025, 4:33:02 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

The funny thing about this is that if Tory-minded or just non-leftwing people started pointing out funny bits of behaviour done by relatively few people (hanging up pride flags for example) and saying it's "not normal", I bet more leftwing people would think that was well dodgy.

1/9/2025, 4:31:48 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

There’s an oversteering danger in response to this flag thing. The far right will own every symbol of this country and any other symbol they want (Paddington, say!) if the rest of us start assuming any use of those things is abnormal and far right.

1/9/2025, 4:17:41 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You didn’t mention lampposts! You did mention streets and houses. I don’t do it myself but think it’s completely normal for people to put those things up outside their houses at a time like that.

1/9/2025, 4:14:46 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You think it’s weird when people put one up around football tournaments, for example?

1/9/2025, 3:59:22 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I realise defending the government to any extent is pretty unpopular here, but they mean delivering this, surely. I mean this page specifically, not the manifesto as a whole. labour.org.uk/change/missi...

1/9/2025, 3:28:48 PM | 1 1 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I seem to remember that being a pretty dull book. It might be quite interesting today though to see what he said back then about energy. I seem to remember there was a lot on that.

1/9/2025, 3:22:13 PM | 1 0 | View on Bluesky | view

Profile picture Barbara Rich (@barbararich.bsky.social) reposted

Two important omissions from this story The reporting barrister, Steven Barrett, is associated with “Lawyers for Borders” who encourage and assist local authorities seeking these injunctions Complaints about judicial case management decisions are outside the remit of the conduct body

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1/9/2025, 3:08:00 PM | 20 6 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Thanks! But there’s something funny going on with the ebook of Logopolis. I get £1.99 of I look on one device, £3.99 on another

1/9/2025, 1:17:03 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

In fairness, one way to misunderstand him might to think he wanted #DrWho to be "hard sci-fi". Those stories definitely aren't that. But they are less silly in tone, and more focused on mind-bending sort-of-sciencey (sciencey-wiencey?) ideas, than what he was reacting to. He succeeded in that.

1/9/2025, 12:56:25 PM | 0 0 | View on Bluesky | view

Profile picture Nitro Nine Milkshake (@adamclegg.bsky.social) reposted

I think people made of pure maths who reject their creator to do good is one of the most quietly beautiful ideas in Dr Who. “You made us man of evil but we are free.” RIP Christopher H Bidmead.

31/8/2025, 9:50:54 AM | 21 3 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

It says £5.99 on the site.

1/9/2025, 12:16:21 PM | 0 0 | View on Bluesky | view

Profile picture Obverse Books (@obversebooks.co.uk) reposted

Following the news of the sad death of Doctor Who script editor Christopher H Bidmead this weekend we've reduced the two recent Black Archives on his LOGOPOLIS and CASTROVALVA to £1.99 for the rest of the week. obversebooks.co.uk/product/76-l... obversebooks.co.uk/product/77-c...

1/9/2025, 11:33:28 AM | 23 21 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Sure, but isn't that the very weakness of the move? True, our PM can ask Israel to work towards making the Palestinian state more genuinely self-governing, but can no longer really ask that it help bring it into existence. It must already exist as far as Britain is concerned, if we recognise it.

1/9/2025, 12:11:47 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

The thing I don't get about this policy is: how can you recognise Palestine, then call for a two-state solution? Haven't you yourself declared that there are two states?

1/9/2025, 11:55:25 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You're right, they're rubbish.

1/9/2025, 11:53:04 AM | 0 0 | View on Bluesky | view

Profile picture Matthew Waterhouse (@matthewwaterhouse.bsky.social) reposted

Very sorry to hear about Christopher Bidmead's death. As script editor, he gave DW a new lease of life during Tom's last year, with a season of extraordinarily interesting and tonally wide-ranging stories.

31/8/2025, 5:48:05 PM | 138 16 | View on Bluesky | view

Profile picture J.A. Prentice (@japrenticewrites.bsky.social) reposted

I just rewatched Logopolis today and was struck by the uniqueness of Bidmead's voice. Entropy as an all-consuming inevitability, quiet falling on Logopolis, the overgrown TARDIS cloisters, the Doctor haunted by the ghost of his future... There's no other story quite like it. RIP

31/8/2025, 6:17:14 AM | 42 5 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Thinking back to the past though, Jamie wore a consistent costume, as did Harry I think pretty much, and of course the UNIT guys.

1/9/2025, 11:19:42 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

That hadn't occurred to me before. The 5th Doctor is arguably more consistent in his costume than 3 and even 4, isn't he? Maybe Tegan was a way of messaging to us that characters would in effect wear uniforms now (although she actually did that less than others, funnily enough).

1/9/2025, 11:17:55 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

Yes, this is one of the thoughts I've had. Watching Logopolis and Castrovalva yesterday, I kept thinking "That's just magic, isn't it?". I think his contribution to #DrWho was really interesting, and those stories well worth watching, but I can't say I'm 100% convinced by his approach.

1/9/2025, 11:13:26 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I didn't!

1/9/2025, 10:54:47 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

Someone I know has long thought Mr Justice Bean, and now Lord Justice Bean, was the funniest judge name.

1/9/2025, 10:52:37 AM | 0 0 | View on Bluesky | view

Profile picture Gabriel Milland (@gabrielmilland.bsky.social) reposted

Haven't read the PX report on ECHR. Does it suggest that the German car industry will step in to fix any potential problems?

1/9/2025, 9:13:26 AM | 27 8 | View on Bluesky | view

Profile picture anthonyforth.bsky.social (@anthonyforth.bsky.social) reposted

I think the creepiness of season 18 gets forgotten in discussion of the high scientific concepts and social entropy, the Marshmen, Melkur, Tharils, etc, all lurk in the shadows until their true moral meaning is revealed nodding to classic English ghost stories. RIP. #doctorwho

31/8/2025, 8:17:18 AM | 3 1 | View on Bluesky | view

Profile picture Lewis Graham (@lewisgrahamlaw.bsky.social) reposted

The PolEx paper on the GFA and ECHR is obviously daft. But we should question why such a silly piece makes big headlines - including the front page of "serious" newspapers - as soon as it is published. It isn't because the arguments are compelling.

1/9/2025, 9:21:53 AM | 3 1 | View on Bluesky | view

Profile picture Iris Murdoch (@irismurdoch.bsky.social) reposted

The new Iris Murdoch Society podcast season begins with a celebration of 'A Word Child' on its 50th Anniversary. soundcloud.com/user-5488042... A new episode every fortnight.

1/9/2025, 7:58:45 AM | 3 1 | View on Bluesky | view

Profile picture ironeconomist.bsky.social (@ironeconomist.bsky.social) reposted

Saw this tweet and think the Norway SWF is a great example of how a good national and political culture is a super power. Agree with the general sentiment that if the uk had a trillion in the bank either Labour would spend it on welfare or the tories would spend it on the state pension.

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1/9/2025, 7:27:54 AM | 27 4 | View on Bluesky | view

Profile picture Luke McGee (@lukemcgee.bsky.social) reposted

My main issue with the debate around ECHR is that no one advocating for it seems willing to accept that the past decade of politics has shown us that withdrawing from organisations/treaties/institutions always has more unintended consequences than intended, usually negative.

1/9/2025, 7:09:45 AM | 715 163 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

They know it wouldn't solve "small boats" or anyway don't care much whether it would or not; they know it'd cause a problem for Northern Ireland, and don't really care. But they'll claim any fake upside and deny every real downside, because what they really do care about is Brexit 2.0.

31/8/2025, 11:12:01 PM | 112 29 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

An interesting question about legal professional regulation.

31/8/2025, 6:13:19 PM | 11 2 | View on Bluesky | view

Profile picture George Peretz KC (@georgeperetzkc.bsky.social) reposted

It is of course a frivolous charge by a frivolous man. But there is a serious point here: the attempt by some on the reactionary right to claim that left or left of centre affiliation is illegitimate and disqualifying.

31/8/2025, 1:56:57 PM | 97 25 | View on Bluesky | view

Profile picture John Grindrod (@grindrod.bsky.social) reposted

A writer has died who had a massive influence over my imagination as a 10-year-old. Christopher H Bidmead took silly stuff seriously and serious stuff lightly, and I know that all of the melancholia and non-place stuff in Logopolis definitely wired my head

31/8/2025, 7:19:27 AM | 98 8 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I'm not sure I'm with you on this! I think it's a silly question. You might as well ask Badenoch how different her policies are from Starmer's, since they both say they want growth and prosperity. Or Trump's an Starmer's, since they both say they want peace in Ukraine. Silly questions.

31/8/2025, 12:44:42 PM | 7 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

It doesn’t take account of the TCA.

30/8/2025, 4:51:29 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

We honestly need some sort of public education campaign.

30/8/2025, 3:40:37 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I meant when I was there to try the pub at the other end of that road—the Hen & Chickens?— but never got there. I wonder if you will.

30/8/2025, 12:28:52 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I think you're making a good point. I reckon these poll numbers are partly because 1—the government really does face a difficult situation, and is bound to be pretty unpopular however well it's tackling things in reality, and 2—the Conservatives are seriously weak.

30/8/2025, 11:02:33 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Yes—this has become a really unpleasant feature especially of the radical right in recent years. They've brewed a really anti-rule of law and anti-law subculture inside the Conservatives, as well as Reform. There's a bit of it on the left too.

30/8/2025, 10:59:16 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

No, no—seems a good write up to me (I heard the judgment on the livestream yesterday). I'm just mildly amused by the last section about whether it could "set a precedent".

30/8/2025, 10:43:50 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I sort of think this about all angry-type protesters to be honest, whatever their ostensible cause. I don't mean they're all as bad as racists or that all causes are interchangeable. But I do think to understand them it helps if we focus on the activity itself, rather than what they say.

30/8/2025, 10:40:51 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

No doubt in medicine there are similar things. For a legal nerd it's interesting that in legal contexts journalists can't resist using the language of precedent, but almost always in its non-legal meaning (a first, setting a trend) rather than its technical legal meaning (establishing a legal rule).

30/8/2025, 10:25:10 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I’ve never read a better book, and have only read a few that can compare. Well worth 90 minutes a day!

30/8/2025, 9:13:24 AM | 0 0 | View on Bluesky | view

Profile picture Bob Hawkins (@bobhawkins.bsky.social) reposted

It’s odd that the Tory councils took no action against asylum hotels when their party was in power in Westminster but waited until there was a Labour government. #r4today

30/8/2025, 6:38:28 AM | 74 15 | View on Bluesky | view

Profile picture Nearly Legal (@nearlylegal.co.uk) reposted

What the hell is this nonsense from @skynewss.bsky.social ? Why are they even toying with the ‘political judiciary’ line? Dangerous foolishness from a respectable news outlet. @sophyridge.bsky.social any chance of an internal editorial chat… news.sky.com/story/politi...

29/8/2025, 7:18:40 PM | 247 80 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

But possible. And more likely, the more bonkers the other main party is.

29/8/2025, 5:10:31 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

To be fair I also think a lot of people have started to think again about this, now that there’s a lot of nasty, damaging and antisocial right wing protest.

29/8/2025, 5:06:38 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You’re right, but I’m afraid I can see how some people on the left would think this legit. For some time lots of people on the left have seemed to think nasty, damaging and antisocial behaviour is okay, and even laudable, if done in the same of protest.

29/8/2025, 5:04:54 PM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

To be fair to BBC journalists, this point in written submissions (which they may well have been shown) may be what led them to suggest the government had argued that asylum seekers' human rights trumped other considerations.

29/8/2025, 3:16:01 PM | 2 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I'm talking specifically about the Thoburn doctrine of constitutional statutes as the explanation for why a statute like the ECA 1972 couldn't be impliedly repealed. I don't mean anything wider than that.

29/8/2025, 3:12:51 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

But I'm not talking about repeal generally! I don't think this question relates to anything I've said.

29/8/2025, 3:07:48 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I think it's a good article overall, but in that section there's quite a bit of "easier said that done" stuff.

29/8/2025, 3:06:32 PM | 0 0 | View on Bluesky | view

Profile picture Scott Wortley (@scottwortley.bsky.social) reposted

Saw a discussion on here I could not reply to about "implied repeal" in Uk legislation. The notion that in 2025 implied repeal arguments can be run seriously in any legal context is preposterous. The notion should have been put to bed after BH v Lord Advocate [2012] UKSC 24 and the comments on

29/8/2025, 2:50:57 PM | 0 1 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

It was a rubbish decision on the balance of convenience, wasn't it? How can he have thought clearing out that hotel, finding new places for those staying there, and encouraging further protests and injunction applications was more convenient than the status quo for a few weeks?

29/8/2025, 2:49:51 PM | 7 1 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

What Act would you say has impliedly repealed it?

29/8/2025, 2:42:05 PM | 1 0 | View on Bluesky | view

Profile picture Scott Wortley (@scottwortley.bsky.social) reposted

not sure how sustainable a party list system should be at Holyrood when fourth party in Scotland can barely muster 950 to vote for its leader, and where a decision of 60 or so in some areas can give a top place on the list. Either open Party vote to allow preferences for candidates or adopt STV

29/8/2025, 12:10:45 PM | 5 2 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I've not noticed individuals getting more radical here, but I think I agree with what you say about it being a place of ideological 'consolation and constraint'. And I see a constant stream here of "bitter and quotidian opposition to the first social-democratic government in years", as you put it.

29/8/2025, 2:24:41 PM | 1 0 | View on Bluesky | view

Profile picture Shoaib M Khan (@shoaibmkhan.bsky.social) reposted

I see the people usually condemning unelected judges for blocking government policy are today condemning unelected judges for not blocking government policy.

29/8/2025, 2:08:23 PM | 16 10 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

It's the wording of s3 that does this. There's no need for a theory of constitutional statutes, and such a theory fails to answer the key questions. Such as: why isn't s3 impliedly repealed by a later constitutional statute? The answer is again, because of its wording.

29/8/2025, 2:06:12 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

You're right to be very concerned about this, and it is a massive risk, but I don't think it is actually inevitable. I also think it's possible that a party could permanently exclude itself from power by its extremism.

29/8/2025, 1:29:55 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

My view is that it's precisely the constant focus on grand reform that has caused many people in the UK to believe as you do (I think wrongly) that "there are no effective constitutional checks in the British system".

29/8/2025, 1:14:52 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

The FTPA ought to have taught us how much confusion and damage can be caused by a reform many saw as modernising, progressive and principled. It really helped erode understanding of and belief in traditional constraints on government.

29/8/2025, 1:05:33 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I'm afraid I can't think of a suitably gastronomic reply, except to say the kitchen staff can't cook both. In the UK, constant chatter about grand reform has had the effect of eroding belief and confidence in existing norms. That'd just get even worse if the LibDems had their way.

29/8/2025, 1:00:38 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

Why not?

29/8/2025, 12:54:22 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I think the constitutional statutes thing was a really bad angle. Better to stick with ordinary statutory interpretation. It was the the wording of the ECA 1972 that produced its effects, not its status.

29/8/2025, 12:35:41 PM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

It took the context of Factortame to show that this was possible: that that could be the true meaning of two Acts read together. It doesn't follow of course that Ellen Street and Vauxhall were wrongly decided in their contexts.

29/8/2025, 11:43:03 AM | 0 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I suppose on reflection even the unsuccessful argument isn't all that heretical. Partly it was just ahead of its time, and wrong in context rather than as a matter of deep principle. Factortame shows us Parliament can actually subject future enactments to a current one.

29/8/2025, 11:41:25 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social)

It's a real breakthrough if politically engaged Brits, having seen Trump, realise that what we need here is not the familiar LibDem agenda of "constitutional reform" (PR, an elected Lords, a written constitution) but a revival of and commitment to our existing, traditional constitutional norms.

29/8/2025, 11:35:00 AM | 6 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I've been developing my fandom or Whovianism or whatever over the last year or so, as most of classic Who is now on iPlayer. In the past I did sometimes buy DVDs but iPlayer has made a big difference, encouraging me to watch the whole thing through for the first time.

29/8/2025, 11:17:26 AM | 1 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I think he's being ironic!

29/8/2025, 11:14:50 AM | 2 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

I quite like them, but that one's very, very wrong.

29/8/2025, 10:49:32 AM | 3 0 | View on Bluesky | view

Profile picture Carl Gardner (@carlgardner.bsky.social) reply parent

The result, yes - not the unsuccessful argument.

29/8/2025, 10:40:13 AM | 1 0 | View on Bluesky | view