UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid

The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of … Continue reading

May 30, 2016 · Leave a comment

TT Arvind and Lindsay Stirton: Why the Judicial Power Project Is Wrong about Anisminic

Editors’ note: Following discussion with the editors of the Judicial Power Project (JPP) Blog, the UK Constitutional Law Blog is prepared, subject to editorial decision, to print replies to JPP … Continue reading

May 20, 2016 · Leave a comment

Byron Karemba: The Investigatory Powers Bill: Putting the Investigatory Powers Commissioner in Focus (Part II)

Following on from the first post focusing on the double-lock in the Investigatory Powers Bill (“the Bill”). This second entry looks at the “institutional and procedural” issues around the introduction … Continue reading

April 15, 2016 · 1 Comment

Byron Karemba: The Investigatory Powers Bill: Introducing Judicial Authorisation of Surveillance Warrants in the United Kingdom – Putting the ‘Double-Lock’ in Focus (Part I)

When the Home Secretary commended the Draft Investigatory Powers Bill for pre-legislative scrutiny in November 2015, she lauded the oversight mechanisms in the Bill as ‘world-leading.’ A seminal feature of … Continue reading

March 22, 2016 · Leave a comment

Jan van Zyl Smit: Judicial appointments in the Commonwealth: Is India bucking the trend?

In recent years many Commonwealth states have adopted, or at least debated, reforms to their legal frameworks for the appointment of judges. The stated objectives of such reforms include strengthening … Continue reading

March 7, 2016 · 2 Comments

Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse

Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it exceeds the scope of incorporation by the European Communities Act 1972. It … Continue reading

February 24, 2016 · Leave a comment

Jake W. Rylatt and Joseph Tomlinson: Neuberger’s Novelties: Keyu and the Substantive Review Debate

Over the past few decades, the question of substantive review has provided one of the liveliest debates in public law. However, despite a myriad of contributions from courts and legal … Continue reading

February 17, 2016 · 1 Comment
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