The “bedroom tax”, Convention rights and secondary legislation

In Secretary of State for Work & Pensions v Carmichael, the Government argued that the First-tier Tribunal could not intervene when housing benefit was reduced under ECHR-incompatible regulations. The Upper Tribunal disagreed. In doing so, it was on strong constitutional ground.

The Government’s White Paper on the “Great Repeal Bill”: Some Preliminary Thoughts

The “Great Repeal Bill” will lay the legislative foundations for the extensive process of legal re-wiring necessitated by Brexit. In its White Paper published in March 2017, the Government set out its plans for the Bill in broad terms — but it is clear that much thinking remains to be done.

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

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“She is constitutionally absolutely wrong”: The Lord Chief Justice on the Lord Chancellor

The Daily Mail called the judges who decided the Miller Article 50 case “enemies of the people”. What, asked the House of Lords Constitution Committee, did the Lord Chief Justice make of the Lord Chancellor’s lacklustre response to such media criticism of the judiciary?

The “Great Repeal Bill” and Delegated Powers

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the “Great Repeal Bill”. This post, written by Mark Elliott and Stephen Tierney, examines some of the key issues addressed by the Committee in its report.

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]

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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

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