The following article was first published by The Telegraph. Could the Supreme Court really strike down the Rwanda Bill? Former Attorney General Sir Geoffrey Cox appears to think so. In a letter to the Telegraph written with other senior barristers, he urges support for the Government’s Safety of Rwanda Bill as currently drafted, arguing that… Continue reading Are we headed for a constitutional crisis?
Category: Constitutional Law
Could the Supreme Court reject the Rwanda Bill as unconstitutional?
In an earlier post, I noted that the doctrine of parliamentary sovereignty, at least as traditionally understood, would prevent a UK court, such as the Supreme Court, from simply refusing to apply the Rwanda Bill as unconstitutional. I also noted, however, that some senior judges have questioned the orthodox view that parliamentary sovereignty admits of… Continue reading Could the Supreme Court reject the Rwanda Bill as unconstitutional?
The Rwanda Bill and its constitutional implications
The Safety of Rwanda (Asylum and Immigration) Bill has been published with much fanfare, following the conclusion a treaty between the UK and Rwanda that provides for some asylum-seekers to be removed to Rwanda. Importantly, the ‘Rwanda policy’ would not involve such asylum-seekers being held in Rwanda while their claims are determined by the UK:… Continue reading The Rwanda Bill and its constitutional implications
Nothing to see here? Allister in the Supreme Court
Earlier this year, the UK Supreme Court gave judgment in the Allister case (In the matter of an application by James Hugh Allister and others for Judicial Review [2023] UKSC 5), in which it was argued, among other things, that the Northern Ireland Protocol (agreed between the UK and the EU as part of the… Continue reading Nothing to see here? Allister in the Supreme Court
Oceana: Ouster clauses and parliamentary sovereignty
A recently published commentary brought to my attention the High Court’s judgment in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). I highly recommend Philip Murray’s excellent, thoughtful piece on the case (in which the background and issues are clearly set out, relieving me of the need to do so here); what follows is… Continue reading Oceana: Ouster clauses and parliamentary sovereignty
Was Boris Johnson undemocratically removed from Parliament?
On 9 June 2023, Boris Johnson announced that he was resigning as an MP. He did so having been sent a draft of a report in which the House of Commons Committee of Privileges concluded that Johnson had deliberately misled the House and the Committee in relation to the so-called Partygate affair. Had Johnson not… Continue reading Was Boris Johnson undemocratically removed from Parliament?
Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments
As is well known, the Committee of Privileges is currently holding an inquiry into whether the Prime Minister committed a contempt of Parliament when addressing the House of Commons in relation to matters concerning ‘Partygate’. To a report published on 21 July, the Committee appended a memorandum from its legal adviser, Sir Ernest Ryder, concerning… Continue reading Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments
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?
1,000 words: The Bill of Rights
Proposals for a new Bill of Rights were announced by the UK Government in 2022. However, in 2023, it was announced that those proposals would not be taken forward. I have left this post up in case it is of interest to those who wish to understand the content of the now-withdrawn proposals and the… Continue reading 1,000 words: The Bill of Rights
The UK’s (new) Bill of Rights
Proposals for a new Bill of Rights were announced by the UK Government in 2022. However, in 2023, it was announced that those proposals would not be taken forward. I have left this post up in case it is of interest to those who wish to understand the content of the now-withdrawn proposals and the… Continue reading The UK’s (new) Bill of Rights
Public Law for Everyone 