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Category Archive: Judiciary

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law

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Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has […]

UKCLA September 12, 2022 Constitutional Law, Human Rights Act 1998, Judiciary, United Kingdom

Lewis Graham: The Reed Court by Numbers: How Shallow is the ‘Shallow End’?

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In a recent critical essay for the London Review of Books, Conor Gearty penned a wonderful, if provocative, […]

UKCLA April 4, 2022 Civil Liberties, Constitutional Law, Human rights, Human Rights Act 1998, Judiciary

Stefan Theil: Missing the Forest for the Trees – Deficits in Doctrinal Methods and How Data Can Help

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Introduction Law and legal scholarship have a problem: a problem with digesting and analysing the sheer volume of […]

UKCLA February 3, 2022 Judiciary, United Kingdom

Roger Masterman: Reasserting/Reappraising Dualism

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Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the […]

UKCLA December 7, 2021 Constitutional Law, Human Rights Act 1998, Judiciary, United Kingdom

Andrew Geddis and Sarah Jocelyn: Is the NZ Supreme Court Aligning the NZBORA with the HRA?

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The New Zealand Bill of Rights Act 1990 (NZBORA) and the United Kingdom’s Human Rights Act 1998 (HRA) […]

UKCLA December 1, 2021 Human Rights Act 1998, Judiciary, New Zealand, United Kingdom

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors

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This is the second in a series of two posts on the remedial reforms proposed in the Judicial […]

UKCLA November 9, 2021 Administrative law, Constitutional reform, Judicial review, Judiciary

Cassandra Somers-Joce, Daniel Hoadley, Editha Nemsic, and Joe Tomlinson: Better Evidence of Judicial Review Decision-Making: Exploring the Potential of Machine Learning

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There are many claims made about decision-making in judicial review. The way that judges do decide, or ought […]

UKCLA November 4, 2021 Administrative law, Judicial review, Judiciary

Jonathan Morgan: IRAL’s Missing Remedy: Compensation for Unlawfulness

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The current blog post considers the failure of the current judicial review reform process, from IRAL onwards, to […]

UKCLA October 12, 2021 Administrative law, Constitutional reform, Judicial review, Judiciary

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021)

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Much has been written about the government’s judicial review reform project, which has led from IRAL to a […]

UKCLA September 23, 2021 Administrative law, Constitutional reform, Judicial review, Judiciary, UK government, United Kingdom

Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution

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In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New […]

UKCLA September 8, 2021 Constitutional Law, Constitutional reform, Devolution, Judiciary, Prime Minister, Scotland, UK government, UK Parliament, United Kingdom, Wales

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