UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

March 7, 2016 · 2 Comments

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

February 24, 2016 · Leave a comment

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

February 8, 2016 · 1 Comment

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

November 23, 2015 · Leave a comment

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

November 11, 2015 · 2 Comments

Chintan Chandrachud: Debating the NJAC Judgment of the Supreme Court of India: Three Dimensions

Over a week has passed since the Supreme Court of India, in what will most commonly be described as the ‘fourth judges case’, struck down a constitutional amendment and a … Continue reading

November 3, 2015 · Leave a comment

Patrick O’Brien: Judges and Select Committees: A Developing Accountability Culture

    When is a judge not a judge? Lady Justice Hallett carried out a public inquiry into the ‘On the runs’ scheme in 2014. In its report on the … Continue reading

September 7, 2015 · 1 Comment
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