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
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
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
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
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
Richard Ekins: Constitutional Lessons from America
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 and here. In his fourth … Continue reading
Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit?
In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit. As Sir Edward Leigh put it: “There are only two choices … Continue reading
Richard Ekins: Human Rights and the Morality of Law
This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first post here. In his third Reith lecture, … Continue reading
Richard Ekins: Representative Politics and the Limits of Law
This is the first of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. In his second Reith lecture, “In Praise of Politics”, broadcast on … Continue reading
Lewis Graham: Hallam v Secretary of State: Under What Circumstances Can the Supreme Court Depart from Strasbourg Authority?
The Supreme Court recently handed down its decision in R (Hallam) v Secretary of State for Justice [2019] UKSC 2. It is an important and complex judgment, featuring seven separate … Continue reading
