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 — or, more specifically, of the provision in the Scotland Act 1998 that had hitherto been understood merely to affirm that doctrine. The provision in question … Continue reading Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act
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 the Northern Ireland Protocol they don’t like to be breached. The Government sensibly dropped this idea in the end: the relevant provisions did not find … Continue reading Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law
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 enacted) must be approved by a majority of MPs in the House of Commons. Second, unless a special procedure under the Parliament Acts 1911 and … Continue reading 1,000 words: Constitutional conventions
In this series of posts and accompanying videos, I have considered how the UK constitution works by looking at a range of issues and attempting to draw connections between them, with a view to considering whether (and, if so, to what extent) the constitution functions satisfactorily. To the extent that it does, this is largely … Continue reading Constitutional Law: The Big Picture VI — Drawing Conclusions
So far in this series of posts and accompanying videos, I have introduced an overarching question about the nature of the UK constitution — and, in particular, about whether it is really as flexible as is commonly supposed — and have considered that question in relation to judicial review, the protection of human rights and … Continue reading Constitutional Law: The Big Picture V — Lessons from EU Membership
This is the fourth in a series of posts and accompanying videos on the UK constitution. In earlier pieces in this series, I introduced it and went on to consider judicial review and human rights. The overall aim of this set of posts and videos is to explore the nature of the UK constitution through … Continue reading Constitutional Law: The Big Picture IV — The Territorial Constitution
The first two pieces in this set of blogposts introduced the series of accompanying lectures and considered the role of judicial review. The overarching purpose of the series is to explore the nature of the United Kingdom’s constitution by asking whether it is better understood as ultimately malleable and flexible — such that a sovereign … Continue reading Constitutional Law: The Big Picture III — Human Rights
The Faculty of Law at Cambridge, jointly with the University of Oxford’s Law Faculty, hosted a ‘virtual roadshow’ on 2 June 2021 as part of the Independent Human Rights Act Review. The event brought together members of the IHRAR Panel, academics from the two universities and members of the public. The aim of the event … Continue reading Oxford and Cambridge Independent Human Rights Act Review event
In the first post in this series, I explained that the aim of the accompanying set of videos — which began life as a series of lectures to Cambridge undergraduate Law students — is to address the nature of the UK constitution by posing a particular question about it. The question that I ask is … Continue reading Constitutional Law: The Big Picture II — Judicial Review
During the academic year 2021-22, Professor Alison Young and I will be leading a new project entitled ‘Constitutional Law Matters’. At the heart of the project, which is generously supported by the Gatsby Foundation, will be two objectives. First, the project will engage with and attempt to answer the question, ‘Does the UK constitution (still) … Continue reading Constitutional Law Matters: A new project and a job opportunity
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