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
The third edition of Public Law was published by Oxford University Press in May 2017. This is the third 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 “Black Spider Memos” case resulted in the publication of some rather pedestrian correspondence between Prince Charles and Government Ministers. But the Supreme Court’s judgment raises some fascinating constitutional issues
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 […]
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.
The legal saga concerning the “black-spider memos” that Prince Charles is in the habit of sending to Ministers, inflicting upon them his often-eccentric views, is a long one. It has […]
Over the last couple of weeks, I have been teaching new Constitutional Law students in Cambridge about the fundamental, architectural aspects of the UK constitution, including the rule of law, the separation of powers and the sovereignty of Parliament. The House of Lords’ rejection earlier this week of parts of a Government Bill that aimed restrict the availability of judicial […]
Last night, Lord Neuberger, the President of the UK Supreme Court, gave the 2013 Tom Sargant Memorial Lecture. His text, available here, is worth reading in full, but here are some choice […]
I wrote recently about the what might happen if—as is an increasingly less-fanciful prospect—human rights law in the UK were to be fundamentally altered through repeal of the Human Rights Act 1998 […]
The case concerning the reinterring of the recently-discovered remains of Richard III has already attracted comment, including an excellent piece by Tom Hickman on the UK Constitutional Law Blog. I […]
The government’s power to terminate judicial review cases, the rule of law, and the limits of political constitutionalism
A Tunisian man, whose British wife and son live in the UK, is excluded from the country on national security grounds. He challenges that exclusion decision by way of judicial review, but the government “terminates” the proceedings. If that sounds like a Kafkaesque nightmare, then think again. Precisely that factual matrix was at stake in R (Ignaoua) v Secretary of […]
Standing, judicial review and the rule of law: why we all have a “direct interest” in government according to law
According to reports in today’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.) Today, it is said that the Ministry […]
Lord Judge, the Lord Chief Justice, spoke about judicial independence in his Mansion House speech this week. (The full text of the speech is available here on the CrimeLine Blog, and there is a report on the Telegraph website.) Lord Judge warned that we must remain vigilant against the slightest encroachment on judicial independence, not because judicial independence represents some traditional flummery, some bauble, […]
A couple of weeks ago, I posted a short piece on the Government’s legal aid proposals. The Bingham Centre for the Rule of Law has now submitted its response to […]