Constitutional Law

Boris Johnson’s resignation: Did the constitution work?

Until indications emerged this morning that Boris Johnson accepted what everyone else had known for some time — namely, that his position as leader of the Conservative Party and Prime Minister had become untenable — there was a good deal of talk about a ‘constitutional crisis’. But was there really such a crisis? And, relatedly, … Continue reading Boris Johnson’s resignation: Did the constitution work?

1000 words, Constitutional Law

1,000 words: The Bill of Rights

The British Government has announced its intention to repeal the Human Rights Act 1998 and replace it with a new Bill of Rights. What will this mean for human rights protection in the UK? Some things are not changing. The UK will remain part of the European Convention on Human Rights. This has nothing to … Continue reading 1,000 words: The Bill of Rights

Constitutional Law

The UK’s (new) Bill of Rights

When the Human Rights Act 1998 (HRA) was introduced 25 years ago, it was accompanied by a White Paper that proclaimed the Act would ‘bring rights home’ by enabling the enforcement in UK courts of a suite of rights — set out in the European Convention on Human Rights (ECHR) — that were at least … Continue reading The UK’s (new) Bill of Rights

Constitutional Law

On Lord Geidt’s resignation and its constitutional significance

Less than three years into his premiership, Boris Johnson will (presumably) soon be appointing his third Independent Adviser on Ministers’ Interests. Today, the most recent incumbent, Lord Geidt, resigned. In a resignation statement that was Delphic and succinct in equal measure, he said: ‘With regret, I feel that it is right that I am resigning … Continue reading On Lord Geidt’s resignation and its constitutional significance

Constitutional Law

The Northern Ireland Protocol Bill

Interviewed on LBC, Boris Johnson said that his Government was proposing to legislate in order to make ‘trivial’ changes to the Northern Ireland Protocol. In this post, I will explain what the planned legislation will do; why the changes are not ‘trivial’; why it is, in fact, legally impossible for the UK to make unilateral … Continue reading The Northern Ireland Protocol Bill

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