UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Isaam Bin Haris: The ‘Continuing Mandamus’, Institutional Failure and Judicial Independence – Pakistan’s Three-Pronged Conundrum

On the 20th of April this year, the Supreme Court of Pakistan passed the first substantive order in the ‘Panama case’ – a phrase used to refer to the petitions … Continue reading

September 20, 2017 · Leave a comment

Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain

This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them … Continue reading

September 18, 2017 · 3 Comments

Michal Hain: Guardians of the Constitution – the Constitutional Implications of a Substantive Rule of Law

A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC … Continue reading

September 12, 2017 · 4 Comments

Daniella Lock: Questions Regarding Judicial Deference in R (Campaign Against the Arms Trade) v Secretary of State for International Trade

Last week, the High Court rejected a claim for judicial review, brought by the NGO ‘Campaign Against the Arms Trade’ against the Secretary of State for International Trade, regarding the … Continue reading

July 20, 2017 · 1 Comment

Byron Karemba: Provision of Abortion Services, the Territorial Constitution and the Supreme Court

Introduction Should UK citizens ordinarily resident in one of the constituent parts of the UK be treated equally in regards to essential social services when they are in a different … Continue reading

June 30, 2017 · 2 Comments

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 · 2 Comments