The Supreme Court’s judgment in Finucane — I: Legitimate expectations, reliance, procedure and substance

This is the first of two posts on the Supreme Court’s recent judgment in In the matter of an application by Geraldine Finucane for Judicial Review [2019] UKSC 7. The second post can be found here. Legitimate expectation has long occupied an uncertain place within the broader doctrinal landscape of English administrative law. It sits, … Continue reading The Supreme Court’s judgment in Finucane — I: Legitimate expectations, reliance, procedure and substance

The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

The House of Lords Constitution Committee recently issued a report on the Healthcare (International Arrangements) Bill. The Bill amounts to an excellent, if alarming, case study on constitutional implications of legislating for a blind Brexit — blind in the sense that it remains unclear whether the UK will leave the EU on 29 March 2019 … Continue reading The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case

https://youtu.be/3G00xv8HfWY I have written before about the Supreme Court’s judgment, given in December 2018, in the ‘Scottish Continuity Bill case’ [2018] UKSC 64. The Continuity Bill was adopted by the Scottish Parliament against the background of serious disagreement between the Scottish and UK Governments concerning the UK Parliament’s European Union (Withdrawal) Act 2018 (on which see this post). That disagreement … Continue reading Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case

Can the Government veto legislation by advising the Queen to withhold royal assent?

During an interview on the Today programme on Radio 4 (here, beginning two hours and ten minutes into the broadcast), Sir Stephen Laws made — or at least appeared to accede to — an arresting suggestion about the withholding of royal assent from legislation. In particular, he appeared to endorse the view that if the … Continue reading Can the Government veto legislation by advising the Queen to withhold royal assent?

From Miller to the meaningful vote: Why on earth didn’t Parliament take control when it had the chance?

In a piece published on Prospect magazine's website, I argue that two years ago MPs were gifted a golden opportunity to take control of Brexit when the Supreme Court gave judgment in the Miller case. Ever since — up to and including this week's meaningful vote — Parliament has been scrambling to catch up. As … Continue reading From Miller to the meaningful vote: Why on earth didn’t Parliament take control when it had the chance?