UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?

Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism.  Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as … Continue reading

June 15, 2017 · 1 Comment

Jason Varuhas: Judicial Review beyond Administrative Law: Braganza v BP Shipping Ltd and Review of Contractual Discretions

Judicial supervision of decision-making powers is often associated with administrative law. However courts also review the exercise of discretions in other fields. For example courts review powers exercised by trustees, … Continue reading

May 31, 2017 · 1 Comment

Richard Clayton QC: The Brexit Case That Never Was

Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 58 … Continue reading

March 22, 2017 · 7 Comments

Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to … Continue reading

March 16, 2017 · 3 Comments

Adrian Zuckerman: The Law’s Disgrace

In the article by Tom Hickman, “Public Law’s Disgrace”, Hickman laments the fact that the “vast majority of the population have no access to judicial review in any meaningful sense.” … Continue reading

February 27, 2017 · 8 Comments

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading

February 21, 2017 · 2 Comments

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