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Taking the constitution seriously: A response to Lord Sales
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… Read more
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The ‘othering’ of human rights and the agenda underlying calls for ECHR withdrawal
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… Read more
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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… Read more
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Do we need a British Bill of Rights?
It’s just over 20 years since the Human Rights Act 1998 (HRA), which gives effect in UK law to the European Convention on Human Rights (ECHR), came into force. Ever… Read more
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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… Read more
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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… Read more
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Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act
By Mark Elliott and Nicholas Kilford In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of the doctrine of parliamentary sovereignty —… Read more
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Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law
It doesn’t seem (because it isn’t) very long since the UK Government planned to get Parliament to enact legislation that would have authorised Ministers to make regulations permitting parts of… Read more
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1,000 words: Constitutional conventions
When the United Kingdom Parliament wishes to make law by enacting a piece of legislation, three things must normally happen. First, the ‘bill’ (as legislation is known until it is… Read more
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Public Law for Everyone 