Public Law for Everyone
Professor Mark Elliott
Constitutional Law archive
Correcting the record on the ‘primacy’ of the House of Commons
December 15, 2025
Taking the constitution seriously: A response to Lord Sales
December 7, 2025
Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
November 20, 2025
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
October 16, 2025
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
October 13, 2025
On China, the Official Secrets Act and ‘enemies’: Is the Prime Minister wrong?
October 8, 2025
The Afghan super-injunction case: Some constitutional implications
July 17, 2025
Playing politics with the rule of law
July 7, 2025
Would it be constitutionally improper for the House of Lords to block the Assisted Dying Bill?
June 20, 2025
The President of the UK Supreme Court on populism, the judicial role and the constitution
June 16, 2025
The principle of legality and heightened-scrutiny rationality review: The Supreme Court’s judgment in the Spitalfields case
March 28, 2025
Could it happen here? Peter Hennessy and Andrew Blick on the ultimate ‘what if’ constitutional question
March 4, 2025
Judicial review reform: the importance of grown-up debate
February 14, 2025
The petition to call a general election: straight out of the populist playbook
November 25, 2024
Assisted dying, Private Members’ Bills and government neutrality
November 18, 2024
The new Attorney General on the rule of law
October 17, 2024
The Conservative leadership election and withdrawal from the European Convention on Human Rights
October 11, 2024
Saving the Union? Philip Rycroft on Whitehall and the Scottish independence referendum
October 2, 2024
Is the UK heading for a constitutional crisis because of the Rwanda Bill?
December 12, 2023
Could the Supreme Court reject the Rwanda Bill as unconstitutional?
December 11, 2023
The Rwanda Bill and its constitutional implications
December 6, 2023
Nothing to see here? Allister in the Supreme Court
July 6, 2023
Oceana: Ouster clauses and parliamentary sovereignty
July 5, 2023
Was Boris Johnson undemocratically removed from Parliament?
June 19, 2023
Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments
September 2, 2022
Boris Johnson’s resignation: Did the constitution work?
July 7, 2022
1,000 words: The Bill of Rights
June 23, 2022
The UK’s (new) Bill of Rights
June 22, 2022
On Lord Geidt’s resignation and its constitutional significance
June 15, 2022
The Northern Ireland Protocol Bill
June 13, 2022
The common law and the European Convention on Human Rights: Do we need both?
February 11, 2022
Response to the Attorney-General’s Public Law Project keynote speech
October 20, 2021
Undermining the rule of law? A comment on the Justice Secretary’s Sunday Telegraph interview
October 17, 2021
Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act
October 15, 2021
Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law
October 10, 2021
Constitutional Law: The Big Picture VI — Drawing Conclusions
September 27, 2021
Constitutional Law: The Big Picture V — Lessons from EU Membership
June 29, 2021
Constitutional Law: The Big Picture IV — The Territorial Constitution
June 17, 2021
Constitutional Law: The Big Picture III — Human Rights
June 7, 2021
Constitutional Law: The Big Picture II — Judicial Review
May 28, 2021
Constitutional Law Matters: A new project and a job opportunity
May 27, 2021
Constitutional Law: The Big Picture I — Introduction
May 24, 2021
Judicial review reform IV: Culture war? Two visions of the UK constitution
April 28, 2021
Judicial review reform III: Substantive review and the courts’ constitutional role
April 17, 2021
Judicial review reform II: Ouster clauses and the rule of law
April 11, 2021
Judicial review reform I: Nullity, remedies and constitutional gaslighting
April 6, 2021
Does the UK have a constitution?
March 28, 2021
The Miller II Case in Legal and Political Context
January 14, 2021
The UK-EU Brexit Agreements and ‘sovereignty’: Having one’s cake and eating it?
December 31, 2020
Repealing the Fixed-term Parliaments Act
December 2, 2020
The UK constitution under pressure: A lost age of civility?
November 23, 2020
Legal kryptonite? Parliamentary sovereignty, international law and the Internal Market Bill
October 10, 2020
One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill
September 25, 2020
The Internal Market Bill: My evidence to the House of Lords Constitution Committee
September 24, 2020
The (constitutional) state we’re in: A week in British politics
September 13, 2020
The Internal Market Bill – A Perfect Constitutional Storm
September 9, 2020
The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig
August 20, 2020
The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?
August 10, 2020
The Judicial Review Review I: The Reform Agenda and its Potential Scope
August 3, 2020
The United Kingdom’s constitution and Brexit: A ‘constitutional moment’?
May 28, 2020
The Fundamentality of Rights at Common Law
February 12, 2020
1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)
September 25, 2019
A new approach to constitutional adjudication? Miller II in the Supreme Court
September 24, 2019
Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court
September 12, 2019
The Brexit Secretary says he has “set in stone” the repeal of the European Communities Act 1972 — but the legal significance of this misleading claim is very limited
August 18, 2019
Letter to The Times: Parliament’s (limited) capacity to prevent a no-deal Brexit
August 12, 2019
Can Parliament prevent a no-deal Brexit?
August 8, 2019
House of Lords Constitution Committee reports on Parliamentary Scrutiny of Treaties
May 2, 2019
Royal Assent and constitutional principle: A further response to John Finnis
April 10, 2019
Does the Prime Minister’s request for an Article 50 extension scupper the Cooper-Letwin Bill?
April 5, 2019
Letter to the Times: Response to Professor Brazier’s letter on Royal Assent
April 5, 2019
The Cooper-Letwin Bill: Parliamentary control over the extension of Article 50
April 4, 2019
Royal Assent: Letter to The Times
April 3, 2019
Brexit, the Executive and Parliament: A response to John Finnis
April 2, 2019
Meaningful Vote 3: The legal implications of separating the Withdrawal Agreement and the Political Declaration
March 28, 2019
Did the UK Government act unlawfully by extending Article 50?
March 26, 2019
What if ‘exit day’ is not redefined in domestic law?
March 26, 2019
Redefining ‘exit day’ in domestic law
March 25, 2019
Revoking Article 50: Legislating to take a no-deal Brexit off the table
March 25, 2019
Extending Article 50: Separating myth and legal reality
March 23, 2019
The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit
February 26, 2019
Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case
February 14, 2019
Can the Government veto legislation by advising the Queen to withhold royal assent?
January 21, 2019
From Miller to the meaningful vote: Why on earth didn’t Parliament take control when it had the chance?
January 16, 2019
The Supreme Court’s judgment in the Scottish Continuity Bill case
December 14, 2018
Confidence motions and the Fixed-term Parliaments Act 2011
December 11, 2018
Civil legal aid as a constitutional imperative: A response to Lord Sumption
November 28, 2018
The Brexit Withdrawal Agreement: Taking back “control of our laws”?
November 23, 2018
House of Lords Constitution Committee reports on Delegated Powers
November 19, 2018
Political Pragmatism and Constitutional Principle: The European Union (Withdrawal) Act 2018
October 22, 2018
Parliamentary control over Brexit-related delegated legislation: An important Government climbdown
October 15, 2018
Executive law-making and Brexit: Are Parliament’s hard-won safeguards being undermined?
September 20, 2018
Britain’s constitution is buckling under the weight of Brexit
August 2, 2018
The UK Constitution After
Miller
: Brexit and Beyond
July 31, 2018
Legislating in the dark: The Government’s White Paper on the Withdrawal Agreement Bill
July 27, 2018
Sovereignty, Primacy and the Common Law Constitution: What has EU Membership Taught Us?
July 20, 2018
1,000 words / The European Union (Withdrawal) Act 2018
June 28, 2018
Human Rights Post-Brexit: The Need for Legislation?
February 8, 2018
Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill
January 29, 2018
Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution
January 10, 2018
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