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Category Archive: Judicial review

Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?

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The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU […]

Constitutional Law Group January 14, 2020 Europe, European Union, Human rights, Judicial review, UK government

Chris McCorkindale and Aileen McHarg: Constitutional Pathways to a Second Scottish Independence Referendum

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The Scottish Government’s Case for a Second Independence Referendum On 19 December 2019 – a week after the […]

Constitutional Law Group January 13, 2020 Devolution, International law, Judicial review, Northern Ireland, Scotland, UK government, UK Parliament

Adam Perry: Enforcing Principles, Enforcing Conventions

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Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]

Constitutional Law Group December 3, 2019 Judicial review, UK government, UK Parliament

David Dennis: Llewellyn, Hart and Miller 2

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The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional […]

Constitutional Law Group October 29, 2019 Judicial review, UK government, UK Parliament

Tanzil Chowdhury: Miller (No 2), the Principle-isation of Ministerial Accountability and Military Deployments

Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller […]

Constitutional Law Group October 24, 2019 Judicial review, UK government, UK Parliament

Anurag Deb: Identity: Northern Ireland’s Gordian Knot

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On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing […]

Constitutional Law Group October 17, 2019 European Union, Ireland, Judicial review, Northern Ireland

Roger Masterman and Se-shauna Wheatle: Miller/Cherry and Constitutional Principle

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In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical […]

Constitutional Law Group October 14, 2019 Judicial review, UK government, UK Parliament

Daniel Halberstam: EU Brexit Litigation: A Short Guide to the Perplexed

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Given Boris Johnson’s explicit vow that he’d rather “be dead in a ditch” than ask Brussels for an […]

Constitutional Law Group October 11, 2019 European Union, Judicial review, UK government

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law

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Introduction In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A […]

Constitutional Law Group October 8, 2019 Administrative law, Judicial review

Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?

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The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This […]

Constitutional Law Group October 8, 2019 Judicial review

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