UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Joe Tomlinson: Ouster Clauses Inside-out

Last week’s decision in R (Privacy International) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) gained immediate attention among public lawyers (see Paul Daly’s blog article here and Mark Elliott’s blog article … Continue reading

February 16, 2017 · 2 Comments

Narelle Bedford: Public Law, No Disgrace in Australia but Room for Improvements

Writing recently Tom Hickman raised the vital issue that fear of an adverse cost order can prevent potential applicants from seeking judicial review in UK courts with serious consequences for … Continue reading

February 15, 2017 · Leave a comment

Robert Craig: Miller: The Statutory Basis Argument – A Primer

This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord … Continue reading

December 5, 2016 · 22 Comments

Thomas Raine: The Value of Article 14 ECHR: The Supreme Court and the ‘Bedroom Tax’

Since it was introduced under the Housing Benefit (Amendment) Regulations 2012, the removal of the spare room subsidy, or ‘bedroom tax’ as it is known, has been one of the … Continue reading

November 28, 2016 · 2 Comments

Robert Thomas and Joe Tomlinson: New ESRC Report Launched: Current Issues in Administrative Justice: Examining Administrative Review, Better Initial Decisions, and Tribunal Reform

Profound changes in the way law interacts with administration are underway. Recently, the Ministry of Justice announced a near one-billion-pounds funding injection to modernise the justice system. A considerable part … Continue reading

November 23, 2016 · 1 Comment

Sarah Nason: Justice Outside London? An Update on ‘Regional’ Judicial Review

In April 2009 Administrative Courts were established in Birmingham, Cardiff, Leeds and Manchester to deal with judicial review claims and other aspects of the Administrative Court’s jurisdiction. An important aim … Continue reading

November 16, 2016 · 1 Comment

Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land

A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 at [96] is that ‘Absent … Continue reading

November 14, 2016 · 12 Comments