Tag: rule of law

Of Black Spiders and Constitutional Bedrock: The Supreme Court’s Judgment in Evans

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 its origins in freedom-of-information requests […]

What a (for now failed) attempt to curb judicial review tells us about the UK’s constitution

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 […]

Lord Neuberger on the rule of law and access to justice

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 excerpts. The rule of law, […]

Osborn: The common law, the Convention, and the right to an oral hearing

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 and perhaps even withdrawal from […]

Richard III, “unfettered discretion” and the foundations of judicial review

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 wish to make only some […]

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” […]

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 […]