The first two pieces in this set of blogposts introduced the series of accompanying lectures and considered the role of judicial review. The overarching purpose of the series is to explore the nature of the United Kingdom’s constitution by asking whether it is better understood as ultimately malleable and flexible — such that a sovereign … Continue reading Constitutional Law: The Big Picture III — Human Rights
The Faculty of Law at Cambridge, jointly with the University of Oxford’s Law Faculty, hosted a ‘virtual roadshow’ on 2 June 2021 as part of the Independent Human Rights Act Review. The event brought together members of the IHRAR Panel, academics from the two universities and members of the public. The aim of the event … Continue reading Oxford and Cambridge Independent Human Rights Act Review event
As many readers of this blog will know, the Independent Human Rights Act Review (IHRAR) was launched in December 2020 to examine the framework of the Human Rights Act 1998 (HRA), how it is operating in practice and whether any change is required. The Review is being conducted by a Panel of eight members, chaired … Continue reading Oxford/Cambridge Independent Human Rights Act Review Event
In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit
The third edition of Public Law was published by Oxford University Press in May 2017. This is the second 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.
The new Lord Chancellor and Justice Secretary, Elizabeth Truss, gave evidence to the House of Commons Justice Committee earlier this week. She was questioned on a range of matters, including the Government’s long-awaited proposals for replacing the Human Rights Act 1998 with a British Bill of Rights. Truss’s answers to the Committee’s questions on this … Continue reading The new Justice Secretary, Elizabeth Truss, on a British Bill of Rights
This year’s Queen’s Speech touches on two possible constitutional reform measures. (I pass over the Wales Bill, which was published in draft in October 2015.) The first concerns the replacement of the Human Rights Act 1998 with a “British Bill of Rights”, while second concerns the sovereignty of Parliament and the "primacy" of the House … Continue reading The 2016 Queen’s Speech and the Constitution
Theresa May argues that the UK should remain in the EU but withdraw from the ECHR. Her thinking may be politically comprehensible, but does it stack up in legal or constitutional terms?
In a leading article published on 3 February 2016, The Times offered its support to the notion of establishing a constitutional court for the UK—an idea floated, if only obliquely, by the Justice Secretary Michael Gove. The attraction of a constitutional court, said The Times, is that it would enable the UK to stand up for national values … Continue reading A constitutional court for the UK? My letter to The Times
The Lord Chancellor and Justice Secretary, Michael Gove, gave evidence to the House of Lords Constitution Committee earlier today. In this brief post, I pick up on just one of the issues raised by his evidence, namely the notion that the UK Supreme Court might be made, by a British Bill of Rights, into what … Continue reading The UK Supreme Court as a constitutional ‘longstop’: Michael Gove’s evidence to the House of Lords Constitution Committee