Tag: parliamentary sovereignty

The “Great Repeal Bill” and Delegated Powers

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the “Great Repeal Bill”. This post, written by Mark Elliott and Stephen Tierney, examines some of the key issues addressed by the Committee in its report.

Brexit, sovereignty, and the contemporary British constitution: Four perspectives on Miller

To say that the Miller case has stimulated a wide-ranging constitutional debate would be to engage in rash understatement. The pages of the UK Constitutional Law Association Blog, in particular, are replete with posts that examine the issues raised by the case from a rich variety of perspectives and which advance a broad spectrum of

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Public Law Project Talk: The Limits of Judicial Authority

The legitimate extent of judicial authority is a perennial and thorny question. In this lecture, I address the question from the perspective of public law — and, in particular, with reference to the role that judges play in relation to “constitution-making”.

Judicial Power’s 50 “problematic” cases and the limits of the judicial role

The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach” which, it is said, “increasingly threatens the rule of law and effective, democratic government”. It is odd, therefore, to find on Judicial Power’s

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Henry VIII powers: A follow-up post

I wrote earlier this week about Lord Judge’s recent lecture on Henry VIII powers — that is, powers conferred on the executive to amend or repeal provisions in Acts of Parliament — and parliamentary sovereignty. This post briefly raises two points by way of follow-up. How many Henry VIII powers? No idea, says the Government

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Lord Judge on Henry VIII Powers and Parliamentary Sovereignty

Earlier this week, Lord Judge, a former Lord Chief Justice, delivered a lecture at King’s College London entitled: “Ceding Power to the Executive; the Resurrection of Henry VIII”. The reference to Henry VIII is to Henry VIII powers — that is, clauses in Acts of Parliament authorising the executive branch of government to make secondary

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Parliamentary sovereignty and European Union law: A short reading list

Now that the starting gun has been fired on the EU referendum campaign, the idea of parliamentary sovereignty—what it means, whether it is compatible with EU membership, and whether it can meaningfully be reasserted whilst the UK remains a member of the EU—is much discussed. I have written a number of blogposts over recent weeks and months,

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Factortame and the voluntary acceptance of limits on sovereignty: A response to Professor Mead

I recently wrote a 1,000 words post on parliamentary sovereignty and the supremacy of EU law. In response, Professor David Mead wrote a thought-provoking blogpost in which he expresses doubt about the notion—invoked by Lord Bridge in the seminal Factortame case—of Parliament having ‘voluntarily accepted’ any limits upon its sovereignty implied by EU membership. The

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