My analysis of the Conservative Party’s proposals for a British Bill of Rights

I wrote earlier this week about David Cameron’s announcement at the Conservative Party conference that a future Tory government would repeal the Human Rights Act 1998 and replace it with a British Bill of Rights. Cameron gave very little away in his speech, but more detailed proposals — although not yet a draft Bill — … Continue reading My analysis of the Conservative Party’s proposals for a British Bill of Rights

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

Osborn: The common law, the Convention, and the right to an oral hearing

http://youtu.be/V11oUQC4aP0 I wrote recently about the what might happen if—as is an increasingly less-fanciful prospect—human rights law in the UK were to be fundamentally altered through repeal of the Human Rights Act 1998 and perhaps even withdrawal from the European Convention on Human Rights. In that piece, I suggested that while such changes would be far from … Continue reading Osborn: The common law, the Convention, and the right to an oral hearing

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

Open justice in the Supreme Court: principle or pragmatism?

The Supreme Court gave judgment last week in the Bank Mellat cases: Bank Mellat v HM Treasury (No 1) [2013] UKSC 38 and Bank Mellat v HM Treasury (No 2) [2013] UKSC 39. In this post, I explain why, in the former case, the court took a wrong-turning by improperly allowing a fundamental constitutional principle … Continue reading Open justice in the Supreme Court: principle or pragmatism?