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
Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court
Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading
Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?
Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might … Continue reading
Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?
Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution … Continue reading
Andrew Geddis: New Zealand’s Supreme Court Considers Prisoner Voting – Twice
New Zealand’s Supreme Court has twice in the past two months turned its attention to the vexed issue of prisoner voting. Its first decision, Attorney-General v Taylor, upheld by a … Continue reading
Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part Two)
In Part 1, I cast Anisminic as an example of a common law doctrine of interpretation which can require courts to depart from the intention of Parliament when interpreting ouster … Continue reading
Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One)
Introduction Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably … Continue reading
Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 2): Do Homophobes and Racists have a Right Not to Manifest Liberal Messages?
At the heart of the recent Supreme Court’s decision in Ashers Baking lies the ruling that nobody should be forced to express a view in which they do not believe. … Continue reading
Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 1): The Supreme Court’s Betrayal of Liberalism and Equality
Much has already been written about the recent Supreme Court judgment in Ashers Baking, but the debate has so far omitted an important argument: that the Court has, once again, … Continue reading
Robert Craig and Gavin Phillipson: Could the ‘Meaningful Vote’ End up in Court?
One of the most controversial issues during the passage of the European Union (Withdrawal) Act 2018 (‘EUWA’) was the so-called ‘meaningful vote’, which parliamentarians hoped would give the Commons a … Continue reading
