Judicial review reform IV: Culture war? Two visions of the UK constitution

This is the final in my series of four posts concerning the Report of the Independent Review of Administrative Law (IRAL) and the Government’s Response to it. Focussing particularly on the direction of travel that is envisaged in the latter, I have addressed the potential implications for the doctrine of nullity, the efficacy of ouster clauses and the courts’… Continue reading Judicial review reform IV: Culture war? Two visions of the UK constitution

The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

The House of Lords Constitution Committee recently issued a report on the Healthcare (International Arrangements) Bill. The Bill amounts to an excellent, if alarming, case study on constitutional implications of legislating for a blind Brexit — blind in the sense that it remains unclear whether the UK will leave the EU on 29 March 2019… Continue reading The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

House of Lords Constitution Committee reports on Delegated Powers

The House of Lords Constitution Committee has published a major report on delegated powers. In this post, Mark Elliott and Stephen Tierney highlight the main constitutional issues and concerns identified in the report and set out the Committee's principal recommendations

Parliamentary control over Brexit-related delegated legislation: An important Government climbdown

After digging in its heels, the House of Commons Procedure Committee has extracted an undertaking from the Government that the process of scrutinising Brexit-related secondary legislation will function as parliamentarians had envisaged when the European Union (Withdrawal) Act 2018 was being enacted

Executive law-making and Brexit: Are Parliament’s hard-won safeguards being undermined?

The EU (Withdrawal) Act 2018 gives extraordinary law-making powers to the Government. Parliament sought to counterbalance those powers with a bespoke system for scrutinising their exercise. But is the Government now undermining those arrangements?

1,000 words / The European Union (Withdrawal) Act 2018

The EU (Withdrawal) Act 2018 paves the way for Brexit by providing for the repeal of the European Communities Act 1972 and converting EU law into UK law. This post summarises how the Act works and briefly considers some of the key constitutional issues that it raises.

Consistency as a free-standing principle of administrative law?

The importance of consistency in decision-making has been increasingly recognised in English administrative law. The Supreme Court’s recent judgment in Gallaher, in which consistency is said not to be a free-standing administrative law principle, is thus both surprising and questionable.

Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill

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

Public Law Update #4: Brexit, the separation of powers and devolution

The third edition of Public Law was published by Oxford University Press in May 2017. This is the last 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.

Q: What does the Space Industry Bill have to do with the separation of powers? A: More than you’d think

The EU (Withdrawal) Bill has focussed attention on the making of secondary legislation and its separation of powers implications. But in fact most modern legislation confers extensive delegated powers — and the Space Industry Bill, which currently being considered by Parliament, is a textbook example.