UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence?

If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system … Continue reading

March 19, 2014 · 7 Comments

Robert Leckey: Suspended Declarations of Invalidity and and the Rule of Law

In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v … Continue reading

March 12, 2014 · 1 Comment

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

Conor Gearty: The Important Inconvenience of the Rule of Law

Omar Othman is a resident of this country – guilty of no crime and up to now facing no charges – whose home country wants to put him on trial … Continue reading

March 30, 2013 · 8 Comments

Anitta Hipper: In Hungary’s Footsteps: Different Victor, Same Strategy

On January 1, 2012 with an amended Constitution in place, a once praised EU accession candidate, Hungary, proved that rule of law and consolidated judicial institutions are not at all … Continue reading

July 16, 2012 · Leave a comment

Dawn Oliver: Parliamentary Sovereignty: A Pragmatic or Principled Doctrine?

Imagine that Parliament has recently passed a provision authorising the indefinite detention without trial of suspected terrorists. The measure was passed during a public panic about terrorism. Public opinion and … Continue reading

May 3, 2012 · 5 Comments

Andrew Le Sueur: ‘Fun-loving guys’, government ‘doing anything that individuals do’ and the rule of law

In my administrative law lectures, I get students to practise an action that I explain ought to become instinctive in the minds of lawyers working for (or against) government. You … Continue reading

March 19, 2012 · 7 Comments
Follow

Get every new post delivered to your Inbox.

Join 4,806 other followers