UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Derek O’Brien: Magna Carta, the Right to Trial by Jury and the ‘King of Sleaze’

As commentators mark the eight hundredth anniversary of Magna Carta by celebrating its influence in exporting ‘British values’, including the right to trial by jury, across the common law world, … Continue reading

August 31, 2015 · 2 Comments

Derek O’Brien – Comment On The Caribbean: Commonwealth Caribbean Elections.

When comparing the relative political stability of Britain’s former colonies in the Commonwealth Caribbean with the lack thereof in former British colonies in Africa and Asia and the former colonies … Continue reading

July 29, 2014 · Leave a comment

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 · 5 Comments

Derek O’Brien and Se-shauna Wheatle: The Commonwealth Caribbean and the Uses and Abuses of Comparative Constitutional Law

The practice of judges engaging in a transnational judicial conversation about constitutional rights, by referring to the judgments of international human rights courts and other constitutional courts when interpreting their … Continue reading

November 22, 2011 · 5 Comments