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Mark Elliott

Mark Elliott is Professor of Public Law at the University of Cambridge, a Fellow of St Catharine's College, Cambridge, and Legal Adviser to the House of Lords Constitution Committee. All views on this blog are expressed in a purely personal capacity.

Constitutional Law

Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context

I recently completed a paper examining the UK Supreme Court’s judgment in the Miller II case, in which it was held that an attempt to prorogue the UK Parliament for […]

By Mark Elliott Posted on 2 months ago

Constitutional Law

The UK-EU Brexit Agreements and ‘sovereignty’: Having one’s cake and eating it?

When he was Theresa May’s Foreign Secretary, Boris Johnson famously said, apropos of Brexit, that his ‘policy on cake’ was ‘pro having it and pro eating it’ — in other […]

By Mark Elliott Posted on 2 months ago

Constitutional Law

Repealing the Fixed-term Parliaments Act

The days of the Fixed-term Parliaments Act 2011 — adopted almost a decade ago as part of the Coalition Agreement between the Conservative and Liberal Democrat Parties — appear to […]

By Mark Elliott Posted on December 2, 2020

Constitutional Law

The UK constitution under pressure: A lost age of civility?

Recently, I have been reflecting on the question: ‘Does the UK constitution still work?’ Of course, the question is value-laden. For one thing, it implicitly assumes that, whether or not […]

By Mark Elliott Posted on November 23, 2020

Other

Legal kryptonite? Parliamentary sovereignty, international law and the Internal Market Bill

The following is a lightly edited version of a piece that was first published in the autumn/winter 2020 edition of Lauterpacht Centre News, the newsletter of the University of Cambridge’s […]

By Mark Elliott Posted on October 10, 2020

Constitutional Law

One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill

In an earlier post and in evidence to the House of Lords Constitution Committee I have already drawn attention to concerns about the attempt in the United Kingdom Internal Market […]

By Mark Elliott Posted on September 25, 2020

Constitutional Law

The Internal Market Bill: My evidence to the House of Lords Constitution Committee

I was pleased to be invited to give evidence earlier this week to the House of Lords Constitution Committee on the constitutional issues arising from the United Kingdom Internal Market […]

By Mark Elliott Posted on September 24, 2020

Administrative Law

The (constitutional) state we’re in: A week in British politics

If proof were needed that a week can be a long time in politics, one would need to look no further than the events of the last seven days in […]

By Mark Elliott Posted on September 13, 2020

Constitutional Law

The Internal Market Bill – A Perfect Constitutional Storm

The willingness of the UK’s Brexiteer-led Government to pick fights with the European Union is a given. So too, now, is its appetite for a show-down with the courts, as […]

By Mark Elliott Posted on September 9, 2020

Administrative Law

The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig

Having considered, in my first two posts in this series, the general scope and underlying agenda of the Government’s Review of judicial review and the possibility of codifying the grounds […]

By Mark Elliott Posted on August 20, 2020

Administrative Law

The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?

In my first post on the Review of judicial review, I noted, among other things, the potentially far-reaching nature of the recommendations that might emerge, bearing in mind the Review’s […]

By Mark Elliott Posted on August 10, 2020

Administrative Law

The Judicial Review Review I: The Reform Agenda and its Potential Scope

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 […]

By Mark Elliott Posted on August 3, 2020

Constitutional Law

The United Kingdom’s constitution and Brexit: A ‘constitutional moment’?

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 […]

By Mark Elliott Posted on May 28, 2020

Other

The Fundamentality of Rights at Common Law

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 […]

By Mark Elliott Posted on February 12, 2020

1000 words

1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)

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 […]

By Mark Elliott Posted on September 25, 2019

Constitutional Law

A new approach to constitutional adjudication? Miller II in the Supreme Court

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. […]

By Mark Elliott Posted on September 24, 2019

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