Studying & Teaching

Writing a Law essay? Remember to argue!

Providing advice in the abstract about how to write Law essays is difficult because so much depends on the nature of the question you are answering. It’s also important to take into account whatever are the expectations for your particular course, degree programme or university. Nevertheless, a useful rule of thumb, I think, is that … Continue reading Writing a Law essay? Remember to argue!

Constitutional Law

The common law and the European Convention on Human Rights: Do we need both?

This post was first published on the Constitutional Law Matters website and is reposted here with permission. It forms part of a series of posts that Professor Alison Young and I are writing against the background of the Independent Human Rights Act Review and the Government consultation arising from it. The Constitutional Law Matters project … Continue reading The common law and the European Convention on Human Rights: Do we need both?

Human Rights

Do we need a British Bill of Rights?

This post was first published on the Constitutional Law Matters website and is reposted here with permission. It forms part of a series of posts that Professor Alison Young and I are writing against the background of the Independent Human Rights Act Review and the Government consultation arising from it. The Constitutional Law Matters project … Continue reading Do we need a British Bill of Rights?

Other

Response to the Attorney-General’s Public Law Project keynote speech

On 19 October 2021, the Attorney-General gave a major speech to the Public Law Project's judicial review conference. In the speech, she argued that courts have been improperly interfering in political matters and considers what steps might be taken in order to remedy this. In this video, I argue that the Attorney-General's claims regarding improper … Continue reading Response to the Attorney-General’s Public Law Project keynote speech

Constitutional Law

Undermining the rule of law? A comment on the Justice Secretary’s Sunday Telegraph interview

Today's Sunday Telegraph features an extraordinary interview with the UK Government's Justice Secretary, Dominic Raab. The report raises three issues of significant constitutional concern: that the Government may be contemplating further changes to judicial review in the light of recent judgments to which it takes exception; that the Government is considering undermining through domestic law … Continue reading Undermining the rule of law? A comment on the Justice Secretary’s Sunday Telegraph interview

Constitutional Law

Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act

By Mark Elliott and Nicholas Kilford In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of the doctrine of parliamentary sovereignty — or, more specifically, of the provision in the Scotland Act 1998 that had hitherto been understood merely to affirm that doctrine. The provision in question … Continue reading Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act

Constitutional Law

Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law

It doesn’t seem (because it isn’t) very long since the UK Government planned to get Parliament to enact legislation that would have authorised Ministers to make regulations permitting parts of the Northern Ireland Protocol they don’t like to be breached. The Government sensibly dropped this idea in the end: the relevant provisions did not find … Continue reading Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law

1000 words

1,000 words: Constitutional conventions

When the United Kingdom Parliament wishes to make law by enacting a piece of legislation, three things must normally happen. First, the ‘bill’ (as legislation is known until it is enacted) must be approved by a majority of MPs in the House of Commons. Second, unless a special procedure under the Parliament Acts 1911 and … Continue reading 1,000 words: Constitutional conventions

Constitutional Law, Studying & Teaching

Constitutional Law: The Big Picture VI — Drawing Conclusions

In this series of posts and accompanying videos, I have considered how the UK constitution works by looking at a range of issues and attempting to draw connections between them, with a view to considering whether (and, if so, to what extent) the constitution functions satisfactorily. To the extent that it does, this is largely … Continue reading Constitutional Law: The Big Picture VI — Drawing Conclusions

Constitutional Law, Studying & Teaching

Constitutional Law: The Big Picture V — Lessons from EU Membership

So far in this series of posts and accompanying videos, I have introduced an overarching question about the nature of the UK constitution — and, in particular, about whether it is really as flexible as is commonly supposed — and have considered that question in relation to judicial review, the protection of human rights and … Continue reading Constitutional Law: The Big Picture V — Lessons from EU Membership