UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Asif Hameed: Proroguing Parliament

Editors’ note: The blog is now on holiday for the month of August. The editors will be pleased to receive new submissions from Monday, 2 September. Introduction The Government and … Continue reading

August 1, 2019 · Leave a comment

Robert Thomas and Joe Tomlinson: How Immigration Judicial Review Works

Two years ago on this blog, we drew attention to the immigration judicial review system—by far the most active area of judicial review litigation and the vast majority of all … Continue reading

July 31, 2019 · Leave a comment

Kyle Murray: Putting Parliament in Its Place: The Pro-Brexit, Democratic Case for a Second Brexit Referendum

I am a Brexiteer. I am also a democrat (indeed for me the two are very much connected). In this post, I argue that despite mainstream protests to the contrary, … Continue reading

July 26, 2019 · 7 Comments

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament

Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty.  This post disagrees.  That assertion, it argues, misapprehends the … Continue reading

July 18, 2019 · 5 Comments

Weekly round-up of events

This week’s event announcement is below. ~~~ Call for Papers: The Fourth Biennial Public Law Conference University of Ottawa Law School, Common Law Section, 17-19 June 2020 The Public Law … Continue reading

July 12, 2019 · Leave a comment

Robert Craig: Judicial Review of Advice to Prorogue Parliament

In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to … Continue reading

July 12, 2019 · 39 Comments

Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law

In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant … Continue reading

July 1, 2019 · 4 Comments

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution

The case of R (Privacy International) v Investigatory Powers Tribunal  is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty.  The case concerned … Continue reading

June 26, 2019 · 2 Comments

Marcelo Rodriguez Ferrere and Andrew Geddis: The New Zealand Court of Appeal on Extradition to the PRC

The recent massive street demonstrations against a proposal to enable extradition of some criminal suspects from Hong Kong to mainland China (as well as Taiwan and Macau) have focused global … Continue reading

June 24, 2019 · 1 Comment

Richard Ekins: Reflections on Democracy’s Foundations

This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first posts here, here and here. In his … Continue reading

June 19, 2019 · 14 Comments

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