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Professor Mark Elliott
In the Ammori case, the High Court held that the Home Secretary’s decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful. But a quashing order has not been issued and the government now plans to appeal. In those circumstances, are media reports correct to say that, for the time being, Palestine Action is ‘still proscribed’? And where does this leave protestors currently facing prosecution for expressing support…
A recent conference marking the 75th anniversary anniversary of the European Convention on Human Rights provided a sobering opportunity for reflection on possible trajectories of human rights protection in the United Kingdom in a political era increasing characterised by populism. In this post, I reflect on narratives concerning the ECHR-HRA regime that engage in the ‘othering’ of human rights by framing them as foreign or external constructs, and argue that…
A complete list of posts can be found in the archive
The High Court has ruled that the government’s decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful, holding that the decision contravenes the government’s own policy on proscription as well as breaching the fundamental rights of freedom of expression and freedom of assembly. This post examines the legal reasoning that led the…
In an open letter written in the context of the passage of the Terminally Ill Adults Bill through Parliament, three former Cabinet Secretaries assert that respect for the ‘primacy’ of the Commons is ‘not optional’. Contrary to this claim, however, the Commons has only such primacy as convention and law accord to it.
The incoming Deputy President of the Supreme Court devoted a recent lecture to a critique of my commentary on his judgment in the Spitalfields case, highlighting differences between us concerning the nature of the principle of legality. In this response to Lord Sales, I argue that underlying our disagreement are two sharply contrasting conceptions of…
The House of Lords Constitution Committee’s new report on the rule of law provides an excellent overview of the concept and of the many challenges it finds itself under in the UK today. But the report’s focus on successive governments’ acts of constitutional negligence and recklessness that present challenges for the rule of law obscures…
Proposals for radical reform of the UK’s asylum system raise a number of legal and constitutional issues, with respect both to the European Convention on Human Rights and the domestic principle of the rule of law. A showdown with the courts, at either the domestic or European level, seems likely — but if the aim…
In a recent lecture, Supreme Court Justice Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. In doing so, Lord Briggs paints a very positive picture of the common…
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