The Great Repeal Bill White Paper in 20 tweets

I posted a number of tweets yesterday extracting key paragraphs from the Government’s White Paper on the Great Repeal Bill and offering some preliminary thoughts on them. For convenience, I have collected the tweets below. Some more detailed comments on the White Paper can be found in this post, in which I draw attention to some notable gaps in the White Paper and argue that the Government’s thinking in some key areas appears to highly undeveloped — or at least, at this stage, undisclosed. In one of the tweets below, I suggest that the possibility — raised by the White … Continue reading The Great Repeal Bill White Paper in 20 tweets

Discarding the fig-leaf of analytical reasoning? The Hutton case and the law/fact distinction

One of the first posts I wrote on this blog concerned the Supreme Court’s decision in Jones  v First-tier Tribunal [2013] UKSC 19. At the heart of the case was the distinction between questions of law and fact, and its implications for judicial oversight of tribunals. The distinction is important because if an issue that has been erroneously determined is one of law, then an error of law has been committed, rendering the tribunal’s decision vulnerable whether on appeal on a point of law or on judicial review. In contrast, a determination flawed by an error of fact is not … Continue reading Discarding the fig-leaf of analytical reasoning? The Hutton case and the law/fact distinction

‘She is constitutionally absolutely wrong’: The Lord Chief Justice on the Lord Chancellor

  In his annual evidence session before the House of Lords Constitution Committee on 22 March 2017, the Lord Chief Justice, Lord Thomas, subjected the Lord Chancellor and Justice Secretary, Liz Truss, to extraordinary criticism. I use the word ‘extraordinary’ not in order to imply that anything said by Lord Thomas was inappropriate, but merely to signal how unusual it is for a very senior judge to criticise a senior Minister in such excoriating terms. But, as Lord Thomas told the Committee, this was not an occasion for ‘mincing words’. He certainly did not do that. Lord Thomas’s remarks were … Continue reading ‘She is constitutionally absolutely wrong’: The Lord Chief Justice on the Lord Chancellor

The ‘Great Repeal Bill’ and Delegated Powers

By Mark Elliott and Stephen Tierney A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing. The questions that have … Continue reading The ‘Great Repeal Bill’ and Delegated Powers

The Admin Law Blog

Today sees the launch of a new, multi-author blog concerning administrative law in the common law world. I am pleased, at the request of the editors of the Admin Law Blog, to cross-post the following piece, in which they announce the launch of their site and set out their vision for it. The Admin Law Blog can be followed on Twitter via @adminlawblog; the editors welcome submissions to alawblogorg@gmail.com.  The Admin Law Blog is a forum for the discussion of ideas and developments of interest to scholars of administrative law across the common law world. It aims to connect administrative law scholars to each other and to … Continue reading The Admin Law Blog

European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee

The House of Lords Constitution Committee has published a report on the European Union (Notification of Withdrawal) Bill. The Bill, which is presently being considered by the House of Lords, was introduced into Parliament in the wake of the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, in which it was held that legislation was needed before the initiation of the process whereby the UK will withdraw from the EU under Article 50 of the Treaty on European Union. The Bill, as presently drafted, authorises the Prime Minister to invoke … Continue reading European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee

Oakley v South Cambridgeshire District Council: The maturing of the common law duty to give reasons

In Oakley v South Cambridgeshire District Council [2017] EWCA Civ 71, a Court of Appeal with strong public law credentials — consisting of Elias, Patten and Sales LJJ — addressed the scope of the common law duty to give reasons. In this area, the orthodox position has long been understood to consist in the principle — laid down by Lord Mustill in R v Secretary of State for the Home Department ex parte Doody [1994] AC 531 — that there is no ‘general duty’ to give reasons, coupled with the guidance given by Sedley J in R v Higher Education … Continue reading Oakley v South Cambridgeshire District Council: The maturing of the common law duty to give reasons