UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context

In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers … Continue reading

February 12, 2018 · 1 Comment

Joanna Bell: Dover DC v CPRE Kent: Legal Complexity and Reason-Giving in Planning Law

Where a public authority determines an application for planning permission in what form, and in what level of detail, must the authority set out the reasons for their decision? What, … Continue reading

January 22, 2018 · 1 Comment

Michal Hain: Past is Prologue – The Role of History in the Law of Equality

The legal institution whereby couples express their mutual commitment, which is recognised, protected and regulated by the state – marriage – touches the most intimate parts of people’s lives. Its … Continue reading

January 9, 2018 · 3 Comments

Robert Craig: Why Remedial Orders Altering Post-HRA Acts of Parliament Are Ultra Vires

On 29 November 2017, the long awaited draft of the remedial order seeking to amend s 54 of the Human Fertilisation and Embryology Act 2008 (‘HFEA’) was published. It followed … Continue reading

December 21, 2017 · 1 Comment

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2)

This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in … Continue reading

December 11, 2017 · 1 Comment

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1)

Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some … Continue reading

December 8, 2017 · 1 Comment

Eoin Carolan: Suspended Declarations of Invalidity in Ireland?: The Story So Far

Last week saw the much-anticipated return before the Supreme Court of Ireland of the proceedings in NHV v. Minister for Justice and Equality. At the hearing on Thursday, the Court … Continue reading

December 6, 2017 · 1 Comment