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Author: Constitutional Law Group

Greg Weeks: What to do about private bodies with public functions?: Australia’s continued ambivalence to the Datafin principle.

A few weeks ago, two judges of the Australian High Court (French CJ and Bell J) heard an […]

Constitutional Law Group June 2, 2012 Australia, Judicial review

Stephen Tierney: Canadian Constitutional Change 30 Years On: Notes from a Small Island

A number of events have been held recently in Canada to mark the 30th anniversary of the ‘patriation’ […]

Constitutional Law Group May 24, 2012 Canada, Comparative law, Devolution, UK Parliament

David Mead: Be careful what you wish for….it may never happen: the curious incident of peaceful protest under the coalition

If a week’s a long time in politics, then two years is surely a couple of lifetimes? Hidden […]

Constitutional Law Group May 22, 2012 Human rights, Judiciary, UK Parliament

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 […]

Constitutional Law Group May 22, 2012 Canada, Comparative law, Human rights

Richard Ekins: Yemshaw and “updating” statutes

Should judges update the meaning of statutes?  Consider Yemshaw v London Borough of Hounslow [2011] UKSC 3, in […]

Constitutional Law Group May 7, 2012 Judiciary, UK Parliament

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 […]

Constitutional Law Group May 3, 2012 Judiciary, UK Parliament

Tom Hickman: Freedom of expression and the Olympics

One may question whether “the practice of sport is a human right”, as stated in the Olympic Charter. […]

Constitutional Law Group May 3, 2012 Human rights

Carol Harlow: Surveillance and the Superstate

For a society as devoted to secrets and privacy as the British are traditionally supposed to be, however, […]

Constitutional Law Group May 2, 2012 European Union, Human rights

Roger Masterman: ‘I like Parliament, and I like courts. Which is best? There is only one way to find out … FIGHT!’

The debate over which institution of government possesses ultimate constitutional authority for determining questions of human rights is […]

Constitutional Law Group May 1, 2012 Human rights, Judiciary, UK Parliament

Hayley J. Hooper: ‘A Case without Precedent’: City of London v Samede and Others [2012] EWHC 34 (QB)

THE OCCUPY WALL STREET protest movement began on September 17, 2011 in the New York Financial District. Around […]

Constitutional Law Group May 1, 2012 Human rights

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