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 […]
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”.
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?
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 […]
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 […]