Tag: parliamentary sovereignty

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 […]

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 […]

Theresa May’s case for withdrawal from the ECHR: Politically astute, legally dubious, constitutionally naïve

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?

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. […]

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 […]

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 […]