Public Law for Everyone
Professor Mark Elliott
Tag:
constitutional law
Is the UK heading for a constitutional crisis because of the Rwanda Bill?
December 12, 2023
Could the Supreme Court reject the Rwanda Bill as unconstitutional?
December 11, 2023
The Rwanda Bill and its constitutional implications
December 6, 2023
Oceana: Ouster clauses and parliamentary sovereignty
July 5, 2023
Was Boris Johnson undemocratically removed from Parliament?
June 19, 2023
Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments
September 2, 2022
Boris Johnson’s resignation: Did the constitution work?
July 7, 2022
1,000 words: The Bill of Rights
June 23, 2022
The UK’s (new) Bill of Rights
June 22, 2022
On Lord Geidt’s resignation and its constitutional significance
June 15, 2022
The Northern Ireland Protocol Bill
June 13, 2022
The common law and the European Convention on Human Rights: Do we need both?
February 11, 2022
Do we need a British Bill of Rights?
February 2, 2022
Devolution in the Supreme Court: Legislative supremacy, Parliament’s ‘unqualified’ power, and ‘modifying’ the Scotland Act
October 15, 2021
Legal exceptionalism in British political discourse: International law, parliamentary sovereignty and the rule of law
October 10, 2021
Constitutional Law: The Big Picture VI — Drawing Conclusions
September 27, 2021
Constitutional Law: The Big Picture V — Lessons from EU Membership
June 29, 2021
Constitutional Law: The Big Picture IV — The Territorial Constitution
June 17, 2021
Constitutional Law: The Big Picture III — Human Rights
June 7, 2021
Constitutional Law: The Big Picture II — Judicial Review
May 28, 2021
Constitutional Law Matters: A new project and a job opportunity
May 27, 2021
Constitutional Law: The Big Picture I — Introduction
May 24, 2021
Judicial review reform IV: Culture war? Two visions of the UK constitution
April 28, 2021
Judicial review reform III: Substantive review and the courts’ constitutional role
April 17, 2021
Judicial review reform II: Ouster clauses and the rule of law
April 11, 2021
Judicial review reform I: Nullity, remedies and constitutional gaslighting
April 6, 2021
Does the UK have a constitution?
March 28, 2021
The Miller II Case in Legal and Political Context
January 14, 2021
The UK-EU Brexit Agreements and ‘sovereignty’: Having one’s cake and eating it?
December 31, 2020
Repealing the Fixed-term Parliaments Act
December 2, 2020
The UK constitution under pressure: A lost age of civility?
November 23, 2020
Legal kryptonite? Parliamentary sovereignty, international law and the Internal Market Bill
October 10, 2020
One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill
September 25, 2020
The Internal Market Bill: My evidence to the House of Lords Constitution Committee
September 24, 2020
The (constitutional) state we’re in: A week in British politics
September 13, 2020
The Internal Market Bill – A Perfect Constitutional Storm
September 9, 2020
The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig
August 20, 2020
The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?
August 10, 2020
The Judicial Review Review I: The Reform Agenda and its Potential Scope
August 3, 2020
The United Kingdom’s constitution and Brexit: A ‘constitutional moment’?
May 28, 2020
The Fundamentality of Rights at Common Law
February 12, 2020
1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)
September 25, 2019
A new approach to constitutional adjudication? Miller II in the Supreme Court
September 24, 2019
Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court
September 12, 2019
The Brexit Secretary says he has “set in stone” the repeal of the European Communities Act 1972 — but the legal significance of this misleading claim is very limited
August 18, 2019
Letter to The Times: Parliament’s (limited) capacity to prevent a no-deal Brexit
August 12, 2019
Royal Assent and constitutional principle: A further response to John Finnis
April 10, 2019
Does the Prime Minister’s request for an Article 50 extension scupper the Cooper-Letwin Bill?
April 5, 2019
Letter to the Times: Response to Professor Brazier’s letter on Royal Assent
April 5, 2019
The Cooper-Letwin Bill: Parliamentary control over the extension of Article 50
April 4, 2019
Royal Assent: Letter to The Times
April 3, 2019
Brexit, the Executive and Parliament: A response to John Finnis
April 2, 2019
Meaningful Vote 3: The legal implications of separating the Withdrawal Agreement and the Political Declaration
March 28, 2019
Did the UK Government act unlawfully by extending Article 50?
March 26, 2019
What if ‘exit day’ is not redefined in domestic law?
March 26, 2019
Redefining ‘exit day’ in domestic law
March 25, 2019
Revoking Article 50: Legislating to take a no-deal Brexit off the table
March 25, 2019
Extending Article 50: Separating myth and legal reality
March 23, 2019
The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit
February 26, 2019
Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case
February 14, 2019
Can the Government veto legislation by advising the Queen to withhold royal assent?
January 21, 2019
From Miller to the meaningful vote: Why on earth didn’t Parliament take control when it had the chance?
January 16, 2019
The Supreme Court’s judgment in the Scottish Continuity Bill case
December 14, 2018
Confidence motions and the Fixed-term Parliaments Act 2011
December 11, 2018
Civil legal aid as a constitutional imperative: A response to Lord Sumption
November 28, 2018
The Brexit Withdrawal Agreement: Taking back “control of our laws”?
November 23, 2018
House of Lords Constitution Committee reports on Delegated Powers
November 19, 2018
Political Pragmatism and Constitutional Principle: The European Union (Withdrawal) Act 2018
October 22, 2018
Parliamentary control over Brexit-related delegated legislation: An important Government climbdown
October 15, 2018
Executive law-making and Brexit: Are Parliament’s hard-won safeguards being undermined?
September 20, 2018
Britain’s constitution is buckling under the weight of Brexit
August 2, 2018
The UK Constitution After
Miller
: Brexit and Beyond
July 31, 2018
Legislating in the dark: The Government’s White Paper on the Withdrawal Agreement Bill
July 27, 2018
Sovereignty, Primacy and the Common Law Constitution: What has EU Membership Taught Us?
July 20, 2018
1,000 words / The European Union (Withdrawal) Act 2018
June 28, 2018
Human Rights Post-Brexit: The Need for Legislation?
February 8, 2018
Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill
January 29, 2018
Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution
January 10, 2018
Does the Government defeat on clause 9 of the EU (Withdrawal) Bill mean Parliament has ‘taken back control’?
December 14, 2017
The Brexit agreement and citizens’ rights: Can Parliament deliver what the Government has promised?
December 11, 2017
Privacy International
in the Court of Appeal:
Anisminic
distinguished — again
November 26, 2017
Judicial Power and the United Kingdom’s Changing Constitution
October 31, 2017
Can Parliament block a ‘no deal’ Brexit?
October 16, 2017
Brexit Briefing Paper: Implementing Transition — How Would it Work?
October 16, 2017
Did the Prime Minister accurately answer MPs’ questions about the
Miller
case and revoking Article 50?
October 10, 2017
Public Law
Update #4: Brexit, the separation of powers and devolution
October 5, 2017
Public Law
Update #3: The EU (Withdrawal) Bill, legal certainty and the rule of law
October 3, 2017
Public Law
Update #2: The wider constitutional implications of the 2017 general election
September 28, 2017
Public Law
Update #1: The 2017 election, fixed-term Parliaments and ‘confidence and supply’ arrangements
September 26, 2017
Q: What does the Space Industry Bill have to do with the separation of powers? A: More than you’d think
September 23, 2017
Article for
Prospect
Magazine on the EU (Withdrawal) Bill
September 7, 2017
House of Lords Constitution Committee issues interim report on EU (Withdrawal) Bill
September 7, 2017
The Devil in the Detail: Twenty Questions about the EU (Withdrawal) Bill
August 14, 2017
A “blatant power grab”? The Scottish Government on the EU (Withdrawal) Bill
August 10, 2017
Unison
in the Supreme Court: Tribunal Fees, Constitutional Rights and the Rule of Law
July 26, 2017
The EU (Withdrawal) Bill: Initial Thoughts
July 14, 2017
The 2017 Queen’s Speech and the (no longer “Great”) Repeal Bill
June 21, 2017
Strong and Stable? The British Constitution and the 2017 General Election
June 15, 2017
Does the Salisbury convention apply during a hung Parliament?
June 10, 2017
Elliott & Thomas:
Public Law
May 30, 2017
Cambridge Centre for Public Law Seminar / The
Miller
Judgment: An Evaluation
May 24, 2017
The Conservative Party Manifesto and the Constitution
May 18, 2017
Does the law require a second referendum before Brexit takes effect?
May 2, 2017
The “bedroom tax”, Convention rights and secondary legislation
April 28, 2017
The Supreme Court’s Judgment in
Miller
: In Search of Constitutional Principle
April 19, 2017
The “Great Repeal Bill” White Paper in 20 tweets
March 31, 2017
The Government’s White Paper on the “Great Repeal Bill”: Some Preliminary Thoughts
March 30, 2017
The ‘Black Spider Memos’ Case: An Introduction to Constitutional Law
March 29, 2017
“She is constitutionally absolutely wrong”: The Lord Chief Justice on the Lord Chancellor
March 22, 2017
The “Great Repeal Bill” and Delegated Powers
March 7, 2017
European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee
February 24, 2017
The “Three Knights Opinion” on Brexit: A response
February 17, 2017
Distinguishing
Anisminic
? Ouster clauses, parliamentary sovereignty and the
Privacy International
case
February 10, 2017
House of Lords Constitution Committee takes evidence on ‘Great Repeal Bill’
February 3, 2017
Article for
Counsel
magazine:
Miller
and the modern British constitution
February 1, 2017
Analysis / The Supreme Court’s Judgment in
Miller
January 25, 2017
1,000 words / The Supreme Court’s Judgment in Miller
January 25, 2017
Brexit, sovereignty, and the contemporary British constitution: Four perspectives on
Miller
December 16, 2016
1,000 words / The
Miller
case in the Supreme Court: The key arguments
December 1, 2016
The House of Lords and secondary legislation: Government declines to implement Strathclyde Review (for now)
December 1, 2016
Article 50, the royal prerogative, and the European Parliamentary Elections Act 2002
November 21, 2016
Public Law Project Talk: The Limits of Judicial Authority
November 10, 2016
‘Brexit in the High Court’ — BBC Radio 4, Law in Action, 8 November 2016
November 8, 2016
Critical reflections on the High Court’s judgment in
Miller
November 7, 2016
Courts, democracy and Brexit: Some home truths
November 5, 2016
The High Court’s judgment in
Miller
: A brief comment
November 4, 2016
Cambridge University Brexit Week Talk: The Process of Leaving the EU
November 4, 2016
House of Lords Constitution Committee Reports on ‘English Votes for English Laws’
November 2, 2016
House of Lords Constitution Committee reports on Wales Bill
October 28, 2016
On the sidelining of Parliament: The Brexit Secretary’s statement to the Commons
October 10, 2016
On whether the Article 50 decision has already been taken
October 9, 2016
Theresa May’s “Great Repeal Bill”: Some preliminary thoughts
October 2, 2016
The Government’s case in the Article 50 litigation: A critique
September 30, 2016
1,000 words / Devolution
September 26, 2016
The House of Lords Constitution Committee reports on Article 50
September 13, 2016
The new Justice Secretary, Elizabeth Truss, on a British Bill of Rights
September 9, 2016
Constitutional legislation, fundamental rights and Article 50
September 8, 2016
Cambridge Public Law Conference 2016 — Draft Programme and Registration Deadline
August 16, 2016
Should there, and does there have to, be a second referendum?
July 8, 2016
On why, as a matter of law, triggering Article 50 does not require Parliament to legislate
June 30, 2016
A special edition of BBC Radio 4’s
Law in Action
on Brexit
June 29, 2016
Cambridge
Law in Focus
video on Brexit
June 27, 2016
Can Scotland block Brexit?
June 26, 2016
Can the EU force the UK to trigger the two-year Brexit process?
June 26, 2016
A new Prime Minister, or a snap election?
June 24, 2016
Brexit: Legally and constitutionally, what now?
June 24, 2016
“Vote leave, take control”? Sovereignty and the Brexit debate
June 23, 2016
The House of Lords Constitution Committee’s Report on
The Union and Devolution
May 25, 2016
The 2016 Queen’s Speech and the Constitution
May 18, 2016
Judicial Power’s 50 “problematic” cases and the limits of the judicial role
May 9, 2016
Henry VIII powers: A follow-up post
April 15, 2016
Lord Judge on Henry VIII Powers and Parliamentary Sovereignty
April 14, 2016
Parliament, Government and Secondary Legislation: Lords Select Committees respond to the Strathclyde Review
March 23, 2016
The 2016 Sir David Williams Lecture:
The Lion Beneath the Throne
March 14, 2016
A postscript on the
Evans
case: The report of the Independent Commission on Freedom of Information and the Government’s response
March 2, 2016
Parliamentary sovereignty and European Union law: A short reading list
February 23, 2016
Factortame
and the voluntary acceptance of limits on sovereignty: A response to Professor Mead
February 22, 2016
1,000 words / If EU law is supreme, can Parliament be sovereign?
February 21, 2016
A constitutional court for the UK? My letter to
The Times
February 5, 2016
Ekins and Forsyth on
Evans
: A Brief Response
December 3, 2015
The ‘permanence’ of the Scottish Parliament and the Sewel Convention: The House of Lords Constitution Committee’s Report on the Scotland Bill
November 30, 2015
Judicial Power in Normative, Institutional and Doctrinal Perspective: A Response to Professor Finnis
November 5, 2015
The Ministerial Code and International Law
October 26, 2015
Philippe Sands’ Elson Lecture: Britain, Europe and Human Rights
October 23, 2015
Finnis on Judicial Power
October 22, 2015
1,000 words / The Rule of Law
October 16, 2015
Public Law
Updates
October 13, 2015
Public Law Update #6: A British Bill of Rights?
October 8, 2015
Public Law Update #5: House of Lords Reform
October 5, 2015
Public Law Update #4: UK membership of the European Union and the EU Referendum Bill
September 29, 2015
The Scottish Parliament, the Sewel Convention and Repeal of the Human Rights Act: A Postscript
September 28, 2015
The End of the Road for the Salisbury Convention?
September 23, 2015
Public Law Update #3: Devolution within England — The Cities and Local Government Devolution Bill
September 22, 2015
Public Law Update #2: English Votes for English Laws
September 18, 2015
The Unity of Public Law? — The 2016 Public Law Conference
September 7, 2015
The Cambridge Companion to Public Law
August 25, 2015
Amending the Hunting Act: Would English votes for English laws make a difference?
July 14, 2015
The UK Supreme Court and the British Constitution
July 7, 2015
New paper: A Tangled Constitutional Web — The Black-Spider Memos and the British Constitution’s Relational Architecture
June 22, 2015
Why a Sovereignty Act makes no legal sense
May 27, 2015
Human Rights in the United Kingdom: Where Now?
May 22, 2015
UK Constitutional Law Association Conference: Debating the Constitution after the Election
May 19, 2015
Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights?
May 12, 2015
Replacing the Human Rights Act: The House of Lords, the Parliament Acts and the Salisbury Convention
May 11, 2015
What does a Conservative government mean for the future of human rights in the UK?
May 8, 2015
Hung Parliaments: Some election-night reading
May 7, 2015
Revising for your 2015 Public Law exam? Here are some of this year’s key developments and blog highlights
May 5, 2015
A short follow-up post on the Fixed-term Parliaments Act
April 29, 2015
Would David Cameron’s tax-lock law be legally binding or just a political gimmick?
April 29, 2015
The Fixed-term Parliaments Act: A reply to Colin Talbot
April 28, 2015
Beyond the European Convention: Human Rights and the Common Law
April 26, 2015
Are the Conservatives still contemplating withdrawal from the ECHR?
April 23, 2015
#PublicLawExam 2015 — For those with upcoming exams in Public Law
April 22, 2015
Of Black Spiders and Constitutional Bedrock: The Supreme Court’s Judgment in
Evans
March 26, 2015
The Cambridge Companion to Public Law
March 24, 2015
Report of Political and Constitutional Reform Committee on Proposed Scotland Bill
March 23, 2015
An Introduction to Public Law by way of the
Anisminic
Case
March 18, 2015
A Post-European British constitution: Plus ça change?
March 2, 2015
Lady Hale’s 2015 Bryce Lecture: The Supreme Court in the United Kingdom Constitution
February 27, 2015
#50cases — Three suggestions
February 26, 2015
The
Rotherham
case in the Supreme Court: Deference, reasonableness and proportionality
February 25, 2015
My submission to parliamentary committees on clauses 1 and 2 of the proposed Scotland Bill
January 29, 2015
The Draft Scotland Bill and the sovereignty of the UK Parliament
January 22, 2015
Lord Pannick on judicial review
January 22, 2015
From bad to worse: The Justice Secretary on judicial review
January 14, 2015
David Davies MP on the Paris shootings and the Human Rights Act: a short response
January 8, 2015
Moohan: Prisoner voting, the independence referendum and the common law
December 17, 2014
Dominic Grieve on the Conservative Party’s human-rights proposals
December 4, 2014
The Justice Secretary on Judicial Review: Five Basic Misconceptions
December 2, 2014
A “permanent” Scottish Parliament and the sovereignty of the UK Parliament: Four perspectives
November 27, 2014
Lord Reed on EU law and the UK constitution
November 14, 2014
Human rights, proportionality and the judicial function:
R (Carlile) v Home Secretary
in the Supreme Court
November 13, 2014
What a (for now failed) attempt to curb judicial review tells us about the UK’s constitution
October 29, 2014
Beyond Sark: The implications of the
Barclay
case
October 23, 2014
1,000 words / Parliamentary sovereignty
October 15, 2014
My analysis of the Conservative Party’s proposals for a British Bill of Rights
October 3, 2014
David Cameron promises a “British Bill of Rights”. And what, exactly, does that mean?
October 1, 2014
The astonishingly low standard of Human Rights Act bashing
September 27, 2014
Bogdanor on “English votes for English laws”: A response
September 25, 2014
Constitutional reform following the Scottish referendum: a short(ish) reading list
September 24, 2014
Article in “The Conversation” on the Scottish independence vote
September 19, 2014
A lack of constitutional imagination lies at the heart of the Scottish independence debate
September 7, 2014
Constitutional legislation, EU law and the UK’s contemporary constitution
August 26, 2014
The Canadian human-rights model: a brief response to Richard Edwards
July 25, 2014
A hardening of Conservative human rights policy: what are the options?
July 17, 2014
The right to die: deference, dialogue and the division of constitutional authority
June 26, 2014
Labour’s plans for the Human Rights Act
June 3, 2014
The Immigration Act 2014: A sequel to the prisoner-voting saga?
May 23, 2014
The constitutional role of the judiciary under a codified constitution: report of the Political & Constitutional Reform Committee
May 14, 2014
The “vigour” of common law rights and values: A v BBC [2014] UKSC 25
May 9, 2014
Revising for your 2014 Public Law exam? Here are some of this year’s key developments and blog highlights
May 7, 2014
Judicial review reform: the report of the Joint Committee on Human Rights
April 30, 2014
Parliamentary sovereignty in a multidimensional constitution: some preliminary thoughts
April 16, 2014
Common-law constitutionalism and proportionality in the Supreme Court: Kennedy v The Charity Commission
March 31, 2014
Cambridge Sixth Form Law Conference talk: The UK’s (unusual) constitution
March 19, 2014
The Miranda case, the fair-balance test, and deference
February 20, 2014
Is Lord Neuberger right to suggest that the UK “has no constitution”?
February 13, 2014
Judicial review reform (again)
February 6, 2014
Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law
January 23, 2014
Devolution, federalism and a new constitution for the UK
January 8, 2014
Will the Scottish referendum (whatever the outcome) lead to a federal constitution for the UK?
January 2, 2014
Ministerial changes at the MoJ and the implications for human rights reform
December 18, 2013
Law, Rights and Constitutional Politics: reflections on the Human Rights Act’s past and future
December 3, 2013
Is Laws LJ right to suggest that EU law is like secondary legislation?
November 29, 2013
Lord Sumption on the limits of the judicial role
November 28, 2013
The EU Charter of Fundamental Rights and UK law
November 15, 2013
Baroness Hale on the value of public-interest standing in judicial review
November 4, 2013
The constitutional role of the judiciary if there were a codified constitution
October 22, 2013
Lord Neuberger on the rule of law and access to justice
October 16, 2013
Osborn: The common law, the Convention, and the right to an oral hearing
October 10, 2013
Richard III, “unfettered discretion” and the foundations of judicial review
September 9, 2013
The government’s power to terminate judicial review cases, the rule of law, and the limits of political constitutionalism
August 12, 2013
Muddled thinking in the Supreme Court on the “third source” of governmental authority
July 23, 2013
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