Category: Constitutional Law
Privacy International in the Court of Appeal: Anisminic distinguished — again
In the Privacy International case, the Court of Appeal accepted that an ouster clause precluded judicial review of the Investigatory Powers Tribunal. Sales LJ contended that the issue turned on ‘a short point of statutory construction’. The reality, however, is that such cases take the courts into the deepest of constitutional waters.
Judicial Power and the United Kingdom’s Changing Constitution
In this paper, published in a special issue of the University of Queensland Law Journal, I chart the growth of judicial power in the United Kingdom and consider how the proper limits of such power might be identified
Can Parliament block a ‘no deal’ Brexit?
Some senior MPs have suggested that Parliament could stop Brexit in its tracks in a ‘no deal’ scenario. The reality, however, is far more complex. Parliament might be sovereign, but there are limits to what even it can legally achieve.
Brexit Briefing Paper: Implementing Transition — How Would it Work?
Talk of a ‘transitional’ or ‘implementation’ period as a means of smoothing the UK’s departure from the EU is now commonplace. But how would it work legally? A new briefing paper to which I have contributed explores that question.
Did the Prime Minister accurately answer MPs’ questions about the Miller case and revoking Article 50?
Following her statement to the House of Commons on 9 October 2017 concerning the progress of Brexit negotiations, the Prime Minister was asked the following question by Ben Bradshaw MP: Is it the Prime Minister’s […]
Public Law Update #4: Brexit, the separation of powers and devolution
The third edition of Public Law was published by Oxford University Press in May 2017. This is the last in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.
Public Law Update #3: The EU (Withdrawal) Bill, legal certainty and the rule of law
The third edition of Public Law was published by Oxford University Press in May 2017. This is the third in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.
