Tag: constitutional law

Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution

In a new paper, I examine the way in which judges in the UK respond to ouster clauses — and reflect on what such responses might tell us about the nature of the contemporary British constitution and the courts’ perception of their place within it

Does the Government defeat on clause 9 of the EU (Withdrawal) Bill mean Parliament has ‘taken back control’?

In the Government’s first defeat on the European Union (Withdrawal) Bill, Parliament has insisted that a withdrawal agreement cannot be implemented without its approval. But does that really mean that Parliament is now in the driving seat when it comes to shaping the terms of Brexit?

The Brexit agreement and citizens’ rights: Can Parliament deliver what the Government has promised?

In the preliminary agreement concerning the terms of Brexit, the UK Government promises to give EU citizens’ rights direct effect in UK law and to make them legally ironclad unless the legislating giving effect to them is itself expressly repealed. But does the principle of parliamentary sovereignty prevent such a high degree of protection from being accorded to citizens’ rights?

Privacy International in the Court of Appeal: Anisminic distinguished — again

In the Privacy International case, the Court of Appeal accepted that an ouster clause precluded judicial review of the Investigatory Powers Tribunal. Sales LJ contended that the issue turned on ‘a short point of statutory construction’. The reality, however, is that such cases take the courts into the deepest of constitutional waters.

Judicial Power and the United Kingdom’s Changing Constitution

I recently finished work on a paper that will be published by the University of Queensland Law Journal in December 2017, in a special issue edited by Richard Ekins and Graham Gee on the topic of ‘Reflections on the Rise of Judicial Power’. In the paper, I begin from the premise that judicial power, in any rule

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Did the Prime Minister accurately answer MPs’ questions about the Miller case and revoking Article 50?

Following her statement to the House of Commons on 9 October 2017 concerning the progress of Brexit negotiations, the Prime Minister was asked the following question by Ben Bradshaw MP: Is it the Prime Minister’s understanding that, if necessary, it is possible to halt the article 50 process? The Prime Minister replied: The position was

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Public Law Update #4: Brexit, the separation of powers and devolution

The third edition of Public Law was published by Oxford University Press in May 2017. This is the last in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.

Public Law Update #3: The EU (Withdrawal) Bill, legal certainty and the rule of law

The third edition of Public Law was published by Oxford University Press in May 2017. This is the third in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.