Tag: separation of powers

The “Great Repeal Bill” and Delegated Powers

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the “Great Repeal Bill”. This post, written by Mark Elliott and Stephen Tierney, examines some of the key issues addressed by the Committee in its report.

Public Law Project Talk: The Limits of Judicial Authority

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”.

Judicial Power’s 50 “problematic” cases and the limits of the judicial role

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 said, “increasingly threatens the rule of law and effective, democratic government”. It is odd, therefore, to find on Judicial Power’s

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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 issued to several Government departments by a Guardian journalist. Disclosure was sought of “advocacy correspondence” — that is, letters setting

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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 the sovereignty of Parliament. The House of Lords’ rejection earlier this week of parts of a Government Bill that aimed

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Prince Charles, freedom of information, judicial review and the separation of powers: R (Evans) v Attorney-General

The Administrative Court gave judgment earlier today in R (Evans) v Attorney-General [2013] EWHC 1960 (Admin). The case concerns a challenge to the legality of the Attorney-General’s decision to use s 53 of the Freedom of Information Act 2000 to block the disclosure of letters written to Ministers by Prince Charles. The s 53 veto

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