Stefan Theil: A union of states, constitutions, administrations and judiciaries: some initial thoughts on the OMT ruling of the German Constitutional Court
In the midst of the all-consuming Brexit Referendum Debate, and the unfortunate vote by the United Kingdom to Leave the EU, one might be forgiven for having overlooked this particular … Continue reading
Alex Peplow: A Curious Jurisdiction – Section 4 of the Judicial Committee Act 1833
As a bit of light relief from the Brexit furore, I will be considering the jurisdiction conferred on the Judicial Committee of the Privy Council, and how it came to … Continue reading
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
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
Jeff King: On the Proposal for a UK Constitutional Court
Of all the rushed ideas for major constitutional reform that could be adopted by the current Government, the one for a UK Constitutional Court (UKCC) as a solution to the … Continue reading
Merris Amos: Judicial Power and the Article 3 ECHR Real Risk Test: A Comment on Professor Finnis’ Paper
On 21 October 2015, Professor John Finnis delivered a paper entitled “Judicial Power: Past, Present and Future” at the relaunch of Policy Exchange’s Judicial Power Project. He was introduced by … Continue reading
Thomas Adams: The Politics of ‘Judicial Power’
The judge, Ronald Dworkin famously argued, must think of themselves as an author, albeit one with a special responsibility. Their task, he said, is to interpret and then situate themself … Continue reading
