Professor Mark Elliott
The UK Government has announced a review of judicial review — the Independent Review of Administrative Law — with notably broad terms of reference. This post is the first in […]
I recently completed work on an article for a special issue of the Japanese legal journal Horitsu Jiho. The theme of the special issue is the impact of the forces […]
I recently completed a paper, to be published in a forthcoming edited collection, on ‘The Fundamentality of Rights at Common Law’. The concern of the paper is with the senses […]
This short piece, which forms part of my 1,000 words series of posts, aims to set out in an accessible way the key points of the Supreme Court’s judgment in […]
The following is my detailed, initial analysis of the Supreme Court’s judgment in the Cherry/Miller (No 2) case. For a shorter explanation of the case, see this 1,000 words post. […]
A good deal has been said in recent days about whether the Government’s advice to the Queen concerning the prorogation of Parliament raises a legal question on which courts can […]
I have written before about the Supreme Court’s judgment, given in December 2018, in the ‘Scottish Continuity Bill case’ [2018] UKSC 64. The Continuity Bill was adopted by the Scottish Parliament against the […]
Earlier today, the Secretary of State for Exiting the European Union, Stephen Barclay MP, posted a tweet saying that he had “signed the legislation setting in stone the repeal” of […]
The following letter was published in The Times on 12 August 2019. It responds to an article, published in the same newspaper on 9 August, in which Professor Vernon Bogdanor […]
Boris Johnson, the UK’s new Prime Minister, says that the UK will leave the EU on 31 October “do or die”. With negotiations between the UK and the EU apparently […]
By Mark Elliott and Stephen Tierney The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in […]
A good deal has been written over the last couple of weeks about the granting of Royal Assent to legislation — and, in particular, about whether the Government can prevent […]
Earlier today, the Prime Minister wrote to the President of the European Council requesting a further extension of the Article 50 period to 30 June 2019. Meanwhile, the Cooper-Letwin Bill […]
A number of colleagues and I wrote to The Times earlier this week on the subject of Royal Assent to legislation. The Times subsequently published a further letter on this […]
The House of Lords is today considering the Cooper-Letwin Bill — or, to give it its formal title, the European Union (Withdrawal) (No 5) Bill — which would enable the […]
I am pleased to be a signatory to the following letter, which is published in today’s edition of The Times. The letter argues that it would be clearly unconstitutional for […]
In a recent article in the Telegraph, Professor John Finnis advances two quite astonishing arguments. First, he advocates proroguing Parliament until after 12 April (the day on which the UK […]
The Government has confirmed that tomorrow, Friday 29 March, it will lay a motion before the House of Commons seeking its approval of the Withdrawal Agreement — but not of […]
A group of Conservative MPs — including Suella Braverman, Bill Cash and David Jones — have written to the Prime Minister arguing that the UK Government acted unlawfully by obtaining […]
I wrote yesterday about the statutory instrument that the Government has laid before Parliament so as to realign the domestic definition of ‘exit day’ in the European Union (Withdrawal) Act […]
In an earlier post, I explained that the European Council’s decision to extend the Article 50 period is a separate matter from the way in which ‘exit day’ is defined […]
Throughout all of the twists and turns of the Brexit process so far, a rare point of certainty had (until recently) been that the UK was set to leave the […]
There appears to be a degree of uncertainty about the legal position concerning the extension of Article 50. Confusion seems to have arisen thanks to a combination of the way […]
