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Tag: common law constitutional rights

Constitutional Law

Lady Hale’s 2015 Bryce Lecture: The Supreme Court in the United Kingdom Constitution

Lady Hale gave the 2015 Bryce Lecture earlier this month, taking “The Supreme Court in the United Kingdom Constitution” as her title. The lecture does not break any new ground, but is a helpful overview of a range of issues concerning the constitutional authority of the courts vis-a-vis the other branches of government, with particular reference to contemporary issues relating to […]

Administrative Law 0

Common-law constitutionalism and proportionality in the Supreme Court: Kennedy v The Charity Commission

The Supreme Court’s judgment last week in Kennedy v The Charity Commission [2014] UKSC 20 is the latest in a series of decisions—including, most notably,  R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 (see this post) and  Osborn v Parole Board [2013] UKSC 61 (see this post)—in which the Court has placed very specific emphasis on the […]

Administrative Law 1

The government’s power to terminate judicial review cases, the rule of law, and the limits of political constitutionalism

A Tunisian man, whose British wife and son live in the UK, is excluded from the country on national security grounds. He challenges that exclusion decision by way of judicial review, but the government “terminates” the proceedings. If that sounds like a Kafkaesque nightmare, then think again. Precisely that factual matrix was at stake in R (Ignaoua) v Secretary of […]