Adam Tucker

Adam Tucker

@adam.publiclaw.space

Constitutional lawyer at University of Liverpool & Bingham Centre. Interested in legislative power and its limits. Currently finishing book on parliamentary sovereignty But easily distracted esp by delegated legislation, and statutory interpretation.

1.2K followers404 following272 posts

Darren Jones here mixing up the form of the constitution ("unwritten") with its substance - in particular who can change it ("not Darren Jones unilaterally").

Josh Self@josh.politics.co.uk

🚨 Darren Jones: officials repeatedly told me I couldn’t act ‘because of the constitution’ “I would often reply with, ‘The constitution’s unwritten. So if I decide to do something, it changes. Therefore, why can’t I do it?’” He tried to “abolish the Cabinet Office three times” but was “not allowed”

Interesting that ebay rely on the "legitimate interest" basis for their use of personal data for training AI I'm sceptical (but it's a clever construction, and I'm aware there is a huge industry seeking out such clever constructions, easing them into PR and advising companies like ebay to use them)

Kate Griffin@griffinkate.bsky.social

eBay users! Don't ignore today's email, even though it looks like a boring standard update to the User Privacy Notice. They want to use your data to train AI models. If you click the link over the words "the right to object", it takes you to a page with a toggle button letting you opt out.

I omitted alt text. It's a screengrab from ebay's opt out page which says "The use of personal data for the training of generative AI models is based on our legitimate interest to achieve the objectives outlined under "eBay and AI" in section 9 of our User Privacy Notice."

Adam Tucker reposted

As I say, it’s not bang on my area, I’ve not seen legal advice to Faber and lawyers would here be being v v cautious but I’m of view that the ‘problem’ is not the specifics of the legal provisions capturing all this but perception of and chill etc etc which are very valid & real but diff concerns

David Mead@seethingmead.bsky.social

This is a little confused legally as so often is the case The s15 case is not dependent of PA having been proscribed I’m not an expert but I’d not be certain that s15 would be such a problem - though yes, it creates a chill and that is itself problematic

Absolutely bizarre that the prosecution chose, and the media seem to be running with, the adjective "childlike" to characterise Russell Brand's sexual aggresion.

I could have done with having Bebb's case to hand when I was writing a forthcoming piece on statutory interpretation - in which, amongst other things, I set out some scepticism about the (widely told) story that in those days the prevailing approach to statutory interpretation was "literalism".

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Man City quickly out of the blocks there with the statement connecting ("strict") confidentiality, due process and today's information. Expect their appeal to include the argument that a breach of confidentiality vitiated the independence of the regulator (and therefore its findings).

The mega-donations are a set-piece, aimed at the retrospectivity provisions before Parliament, yes? - the retrospectivity of those measures was announced in March, and fully approved by the Commons last week - both donations will be caught by it - they're (by design) the hook for coverage like this

I mean - strictly speaking he's right But that framing is disingenous. The natural, but misleading, reading of that is that the retrospectivity was conceived (publicised etc) after the mega-donations were made - rather than months beforehand It's heading for the UKSC and this issue will matter

This position (as summarised here) exists in two contradictory species... 1. The Common Law has always been great. It proved itself. The HRA is unnecessary / undesirable / regrettable. 2. The Common Law used to be inadequate. But things have changed now. It is better than it used to be.

David Anderson@bricksilk.bsky.social

In a sign of the times, interesting to note that Lord Briggs has spoken about how the common law could be "a – if not the – key source of human rights protection in our domestic law": supremecourt.uk/speech/speec...

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Pos 2 is a spectrum but let's identify (schematically) two variants, distinguished by how far they see the Common Law as having evolved: 2a - It can now offer stronger protection than the pre-2000 position, but not as much as the HRA 2b - It is now at, or approaching, equivalence with the HRA

I think Lord Briggs 2025 talk to the Justice Conference is an instance of 2a. But not (at least in terms of judicial power, institutional safeguards for rights) a particularly strong one.

This position (as summarised here) exists in two contradictory species... 1. The Common Law has always been great. It proved itself. The HRA is unnecessary / undesirable / regrettable. 2. The Common Law used to be inadequate. But things have changed now. It is better than it used to be.

David Anderson@bricksilk.bsky.social

In a sign of the times, interesting to note that Lord Briggs has spoken about how the common law could be "a – if not the – key source of human rights protection in our domestic law": supremecourt.uk/speech/speec...

The key (constitutional) payoff in the difference between the two positions is what they say about repeal of the Human Rights Act Under position 1 - it would be a welcome return to a better past Under position 2 - it would change things, but not as dramatically as a return to the pre-2000 position

A new constitution would probably just capture the existing one, *entrench* its pathologies, so make things worse Better to address those pathologies OK, could do that in a new constitution. But why on earth (even if it's possible) make life hard by purporting to address them all simultaneously?

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Adam Tucker reposted

This, in particular. Increasingly of the view that government policy towards universities is the test case of whether it really has a wider economic policy.

Jonathan Portes@jdportes.bsky.social

"A closed country will be poorer. A country that underinvests will not grow. A state that refuses to reform tax will ration ambition. And a Labour government afraid to say these things will discover once again that caution, too, has costs." www.theguardian.com/commentisfre...

This is an absolutely superb passage in this piece - and of much wider significance than just this particular context.

I probably used up my rule-of-law-moaning-about-boring-everyday-stuff quota with the airport thing earlier. Anyway, TV licensing is also a rule of law problem. First-line enforcement for decades has been via make-believe nonsense but people have stopped believing.

Jim Waterson@jim.londoncentric.media

As an ex media report I can't help looking at the BBC Annual Report, it's a habit I cannot kick, I'm going to stick some things I've noticed in a thread. The tldr to my mind is if you're at the BBC and you're not panicking and trying new stuff and tuning out low level moans you're screwed. 🧵

These ideas has been floating around various online discussions for years. www.manchestereveningnews.co.uk/news/greater... OK, Freeman doesn't need the oxygen, or indeed credit for "spotting" the "loophole(s)". But - there is nonetheless a rule of law problem (with a public law dimension) here...

manchestereveningnews.co.ukManchester Airport's £100 parking charges 'may not be legal', says Mr LoopholeAnyone who fails to pay by midnight the following is stung by a huge fine
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4. Still, most users pay. I'll be there later - I only spotted this MEN story whilst googling the current rules - and fwiw I'll just pay the £5.50. Anyway, millions of us each year are being regulated at a site of national significance using a scheme whose legal foundations are creaking.

5. MAG's public authority owners should hold it it higher standards than this. Setting up a parking/drop off/traffic scheme with a clear legal basis is not a big ask. It's irresponsible mismanagement, and undermines the rule of law, to operate major infrastructure sites in this way.

These ideas has been floating around various online discussions for years. www.manchestereveningnews.co.uk/news/greater... OK, Freeman doesn't need the oxygen, or indeed credit for "spotting" the "loophole(s)". But - there is nonetheless a rule of law problem (with a public law dimension) here...

manchestereveningnews.co.ukManchester Airport's £100 parking charges 'may not be legal', says Mr LoopholeAnyone who fails to pay by midnight the following is stung by a huge fine
View full thread

2. The airport made, and continues to defend, an active decision to operate a barrier free zone and contract out enforcement to APCOA: a *parking* company whose whole enforcement model (basically) *depends on the Act* i.e. they (knowingly, assuming they have a lawyer) court these uncertainties

3. APCOA is fairly widely (anecdotally) said to withdraw tickets challenged on the basis that they are unable, in this context, to rely on the Act. So the uncertain lawfulness of the regulatory/enforcement model remains untested in court and its operators appear to be actively avoiding that test.

These ideas has been floating around various online discussions for years. www.manchestereveningnews.co.uk/news/greater... OK, Freeman doesn't need the oxygen, or indeed credit for "spotting" the "loophole(s)". But - there is nonetheless a rule of law problem (with a public law dimension) here...

manchestereveningnews.co.ukManchester Airport's £100 parking charges 'may not be legal', says Mr LoopholeAnyone who fails to pay by midnight the following is stung by a huge fine

1. It's unintelligible whether or not the 2012 Act is applicable to motorists using the drop off zone (and indeed those taking wrong turns/pushing their luck etc) at Manchester Airport. That issue of statutory interpretation is probably more nuanced than online discussion make out. But...

There are at least *plausible* legal arguments about: (i) whether the airport is "relevant land" under the Act, and (ii) whether various activities being regulated around the airport count as "parking" to bring the Act into play

The @fdaunion.bsky.social statement on the Olly Robbins Judicial Review unpacks the grounds (🥳): 1. PM lacks (statutory) power to dismiss 2. Unfair process (because no process) 3. Irrationality (revealed in stated reasons)

FDA Union@fdaunion.bsky.social

Olly Robbins, represented by the FDA, has today issued proceedings requesting a Judicial Review of his dismissal. See our full statement below:

A huge swathe of the North West under the pall of the smoke from the Dovestone fire this evening. (The fire is far left, Manchester skyline in the centre.)

Has this been legislated (but not yet published)? Or is it an on-the-fly flex? (under which power?) www.bbc.co.uk/news/article... Yes, I know I'm a bore. But the government legislated to ease the applicable legal framework only this year ... and they're still making it look very messy to use

bbc.co.ukWorld Cup: England fans can stay in pub for full Norway game - even if kick-off delayedThe extended hours means fans can watch the entire game, even if the start is delayed.

Quite the shift in tone from Starmer's "crackdown" on the backbenches.

Jessica Elgot@jessicaelgot.bsky.social

NEW - Andy Burnham has written a long letter to all Labour MPs tonight - promising a major overhaul of whipping and engagement on legislation, as well as a “broad church” cabinet where ministers routinely engage MPs & select committees. Comes as nominations open for leadership. Letter here 👇

Surely now there is a real possibility that Farage doesn't stand after all in the Clacton by-election? It's not like he is bound by expressing that intention yesterday. He may well say the establishment chickened out, he has nothing left to prove etc.

This is a great thread. The rules governing all this are (i) unnecessarily weird and (ii) easy to change.

Ben Yong@bymyong.bsky.social

What is fascinating about the debate over whether the Chancellor can refuse Farage’s resignation is the marginalisation of Parliament on a decision affecting one of its own members. 1/4

Indeed. There's an important kernel of rule of law truth in there too though: the *current* system is already a rule of law failure. (a good policy aim would be to at least come up with a solution/reform which good advocates who care about the rule of law are capable of defending impressively...)

Alasdair Mackenzie@alasdairmackenzie.bsky.social

Distinctly unimpressive defence by Lord Hermer of Shabana Mahmood's proposal to replace judges in immigration and asylum appeals with a tribunal staffed with non-lawyers. Another change which Burnham ought to drop if he's to be taken seriously as doing things differently

Adam Tucker reposted

That AI isn't yet "good enough" to mark students' essays ought to be beside the point. Outsourcing such tasks to AI is fundamentally incompatible with the intellectual engagement between student and professor that should be central to higher education. /1 www.cam.ac.uk/stories/ai-u...

cam.ac.ukAI not yet good enough to mark university essays, rewarding ‘style over substance’Top AI systems show bias towards rewarding overly complex prose styles and only match human examiners for grade bands around half the time, research finds.

And we're really looking forward to hearing from David later today! Absolutely the right moment for this talk, from this author. (Mike isn't on here. I'll tell him you were looking for him)

David Mead@seethingmead.bsky.social

On my way to @livunislsj.bsky.social to be hosted by Mike Gordon who I don’t think is on here? Looking forward to discussing this paper this afternoon, sharing insights and learning from colleagues such as @adam.publiclaw.space A cracking city and lovely to be heading back

The Supreme Court in Dillon went out of its way not to confirm that EU(W) s7A is effective as a ground for disapplying primary legislation I didn't see any explicit doubting (I'll look again more carefully). But I see enough to make me think someone involved thinks this point is at least arguable

This case also has ramifications for the clauses to be inserted into the Representation of the People Bill to give effect to Rycroft's recommendations on overseas and crypto donations Important contextual differences - but it's a good indication that Parliament needs to make its intention clear...

Public Sector Lawyer@publicsectorlawyer.bsky.social

NB fans of statutory interpretation may be interested in this Supreme Court decision, which decided that the wording below “an amount equal to the value of the donation” in another part of the Act meant an amount *less than or* equal to. supremecourt.uk/uploads/uksc... bsky.app/profile/publ...

Rycroft clauses, clearly intended to be all-or-nothing forfeiture powers, will need be drafted to safeguard against this risk. Court here are clear that it's possible - but nevertheless it needs a degree of care. Esp in light of retrospectivity, which will act as gate to judicial circumpection.

Adam Tucker reposted

I have curated this year's @publiclaw.bsky.social Special Analysis section "The Public Order Act 1986 at Forty", with six excellent contributions which together, I/we hope, offer an insight into the rich tapestry of contemporary protest law and policing in the UK, through that historical lens.

All our American friends used to caution that you can't predict votes from oral argument... (Admittedly before judges said things like "yeah yeah what about the constitution?") But I'm seeing a lot of predictions already - like scorelines. Has something fundamental changed about predictability?

This statement includes the finding that the behaviour described by the Democracy Volunteers observers (the only source of the allegations) did not even amount to the offence about which they were complaining, and which they told the press they had witnessed. www.gmp.police.uk/news/greater...

gmp.police.ukCriminal investigation concludes into 'family voting' allegation at Gorton and Denton by-electionWe’ve concluded our investigation into alleged ‘family voting’ at last month’s Gorton and Denton by-election, finding no evidence of any intent to influence or refrain any person from voting.

(As it happens, I think - so I should acknowledge - that the police overstate the requirements of the offence here. But that's incidental, in the sense that they don't do so in a way that undermines what I just said).