Mark Elliott and Stephen Tierney summarise the House of Lords Constitution Committee’s report on the EU (Withdrawal) Bill, and highlight some of the key constitutional implications raised by the Committee
Distinguishing Anisminic? Ouster clauses, parliamentary sovereignty and the Privacy International case
Ouster clauses raise difficult questions about the relationship between the constitutional principles of the rule of law and the sovereignty of Parliament — as the disagreement between the two judges in this case demonstrates
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 […]
The rule of law is an axiomatic part of the British constitution. But in order to understand the rule of law properly, it is necessary to consider the specific principles for which it stands — and, just as importantly, what can (and cannot) be done in order to uphold those principles.