UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Douglas Edlin: Will Britain Have a Marbury?

 Marbury v Madison is the most famous judicial decision in US history, written by the most important judge in US history.  According to the traditional understanding, Chief Justice John Marshall brilliantly side-stepped … Continue reading

June 7, 2013 · 5 Comments

Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean

The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers … Continue reading

May 28, 2013 · 4 Comments

Dawn Oliver: Parliamentary Sovereignty in Comparative Perspective

I Parliamentary sovereignty in other countries  In this post I defend the absence of judicial strike down powers in the UK by exploring the ways in which other countries besides … Continue reading

April 2, 2013 · 6 Comments

Se-shauna Wheatle: The Residual Powers of the Court

There has, justifiably, been much debate about the implications of the judgments of the Supreme Court of the United Kingdom in R (Jackson) v Attorney General [2005] UKHL 56, [2006] … Continue reading

July 10, 2012 · 3 Comments

Mike Gordon: What is the Point of Exceptional Circumstances Review?

A great deal of the controversy surrounding the recent case of Axa General Insurance Ltd v Lord Advocate [2011] UKSC 46, already much discussed on this blog, stems from the … Continue reading

June 18, 2012 · 1 Comment

Bradley W. Miller: Proportionality and Legislative Purpose

In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court.  It is a commonplace that … Continue reading

May 22, 2012 · Leave a comment

Get every new post delivered to your Inbox.

Join 5,488 other followers