Proposals for a new Bill of Rights were announced by the UK Government in 2022. However, in 2023, it was announced that those proposals would not be taken forward. I have left this post up in case it is of interest to those who wish to understand the content of the now-withdrawn proposals and the… Continue reading 1,000 words: The Bill of Rights
Tag: constitutional reform
The UK’s (new) Bill of Rights
Proposals for a new Bill of Rights were announced by the UK Government in 2022. However, in 2023, it was announced that those proposals would not be taken forward. I have left this post up in case it is of interest to those who wish to understand the content of the now-withdrawn proposals and the… Continue reading The UK’s (new) Bill of Rights
Do we need a British Bill of Rights?
This post was first published on the Constitutional Law Matters website and is reposted here with permission. It forms part of a series of posts that Professor Alison Young and I are writing against the background of the Independent Human Rights Act Review and the Government consultation arising from it. The Constitutional Law Matters project… Continue reading Do we need a British Bill of Rights?
Judicial review reform IV: Culture war? Two visions of the UK constitution
This is the final in my series of four posts concerning the Report of the Independent Review of Administrative Law (IRAL) and the Government’s Response to it. Focussing particularly on the direction of travel that is envisaged in the latter, I have addressed the potential implications for the doctrine of nullity, the efficacy of ouster clauses and the courts’… Continue reading Judicial review reform IV: Culture war? Two visions of the UK constitution
Judicial review reform III: Substantive review and the courts’ constitutional role
In the first and second posts in this series on the Report of the Independent Review of Administrative Law (IRAL) and the Government’s Response to it, I addressed questions surrounding the doctrine of nullity, potential changes to the effect of remedies and the Government’s wish to reinvigorate ouster clauses. All of those proposals are united by at least one… Continue reading Judicial review reform III: Substantive review and the courts’ constitutional role
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
Repealing the Fixed-term Parliaments Act
The days of the Fixed-term Parliaments Act 2011 — adopted almost a decade ago as part of the Coalition Agreement between the Conservative and Liberal Democrat Parties — appear to be numbered. The Government has published draft legislation to repeal the Act along with a statement of principles concerning the exercise of the prerogative power… Continue reading Repealing the Fixed-term Parliaments Act
The UK constitution under pressure: A lost age of civility?
Recently, I have been reflecting on the question: ‘Does the UK constitution still work?’ Of course, the question is value-laden. For one thing, it implicitly assumes that, whether or not it works now, the UK constitution at least once worked adequately — an assumption that is not universally shared. And buried within the question is… Continue reading The UK constitution under pressure: A lost age of civility?
The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig
Having considered, in my first two posts in this series, the general scope and underlying agenda of the Government’s Review of judicial review and the possibility of codifying the grounds of review, I turn now to the matter of justiciability. If the Review’s terms of reference are generally sparse, what they have to say about… Continue reading The Judicial Review Review III: Limiting judicial review by ‘clarifying’ non-justiciability — or putting lipstick on the proverbial pig
The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?
In my first post on the Review of judicial review, I noted, among other things, the potentially far-reaching nature of the recommendations that might emerge, bearing in mind the Review’s notably broad terms of reference. As I also noted in my first post, the underlying agenda is plainly the limitation of the courts’ powers and… Continue reading The Judicial Review Review II: Codifying Judicial Review — Clarification or Evisceration?
Public Law for Everyone 