Tag: 2018

Consistency as a free-standing principle of administrative law?

The importance of consistency in decision-making has been increasingly recognised in English administrative law. The Supreme Court’s recent judgment in Gallaher, in which consistency is said not to be a free-standing administrative law principle, is thus both surprising and questionable.

Human Rights Post-Brexit: The Need for Legislation?

In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit

Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill

Mark Elliott and Stephen Tierney summarise the House of Lords Constitution Committee’s report on the EU (Withdrawal) Bill, and highlight some of the key constitutional implications raised by the Committee

Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution

In a new paper, I examine the way in which judges in the UK respond to ouster clauses — and reflect on what such responses might tell us about the nature of the contemporary British constitution and the courts’ perception of their place within it