Judicial review reform II: Ouster clauses and the rule of law

In my first post on the Report of the Independent Review of Administrative Law (IRAL) and the Government’s Response to it, I considered proposals concerning the status of unlawful administrative action and the limitation of the effect of remedies. I turn, in this second post in the series, to the matter of ouster clauses (on… Continue reading Judicial review reform II: Ouster clauses and the rule of law

Judicial review reform I: Nullity, remedies and constitutional gaslighting

This is the first in a series of four short posts reflecting on the Government’s response to the Independent Review of Administrative Law (IRAL). Although the Government set notably broad terms of reference for the Review (on which I commented here), the IRAL report itself is generally measured and eschews many of the far-reaching reform… Continue reading Judicial review reform I: Nullity, remedies and constitutional gaslighting

Does the UK have a constitution?

The 2021 Cambridge Sixth Form Law Conference was recently held online. I was pleased to record a talk for the conference on Constitutional Law. I took ask my title the question: 'Does the UK have a constitution?' The question is worth asking — and attempting to answer — for at least a couple of reasons.… Continue reading Does the UK have a constitution?

The Miller II Case in Legal and Political Context

I recently completed a paper examining the UK Supreme Court's judgment in the Miller II case, in which it was held that an attempt to prorogue the UK Parliament for period of several weeks in 2019 was unlawful. The following excerpt, drawn from the introduction to the article, gives a sense of the terrain that… Continue reading The Miller II Case in Legal and Political Context