Category: United Kingdom
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Paolo Sandro: Parliamentary democracy under the veil of secrecy: the Afghan leak super-injunction case as a bonfire of constitutional principles
Introduction On Tuesday last week it emerged that a mind-boggling data breach by the UK government – and the momentous policy decisions taken in its wake – had been kept a secret from all but a handful of people across the three institutions of the state for nearly two years. In a nutshell, in August…
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Penelope Cassandra Webb: Silences, Spectacle, and the Limitations of Law
The decision of the UK Supreme Court in For Women Scotland Ltd v Scottish Ministers [2025] is one that has generated a rapid response, from the photos of those celebrating the decision on the steps of the UKSC, to the massive wave of protest from trans people and allies. Within the legal world, it has…
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Stefan Theil: Medical Incapacity and the UK Constitution
In the United Kingdom, the mental health of politicians has traditionally commanded relatively little attention, perhaps due to popular cynicism and distrust towards elected officials. Still, those involved in UK political life have characterised it as a ‘rough old game’, with MPs referencing broken marriages, overwork, loss of friendships and poor sleep. Over time, MPs…
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Nicholas Reed Langen: The Use and Abuse of Citizenship Deprivation: SSHD v Kolicaj
Any British citizen that happens to hold citizenship for another country could find themselves in an invidious position. If the Home Secretary decides that it would be ‘conducive to the public good’, they can single-handedly strip a person of their citizenship, and with it, their right to remain in the country. So long as the deprivation…
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Tasneem Ghazi: Political Accountability for the Abuse of Guidance: Comparing English and Irish Guidance during the Coronavirus Lockdown
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. Introduction In March 2020, the government of Ireland and the UK government exercising its responsibility for England, like others across the world, rushed to impose wide-ranging restrictions on many facets of…
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Event: New book symposium – Brexit, Union, and Disunion
Tuesday, 1 October 2024, 5:30 PM – 7:30 PM The Schools of Law at Queen Mary University of London and at the University of Edinburgh are delighted to co-host an online symposium of Professor Sionaidh Douglas-Scott’s new book: Brexit, Union, and Disunion (cambridge.org). The panel of commentators are: The event will be chaired by Professor…
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Stephen Tierney: Towards a Principle of Positive Engagement?: The House of Lords Constitution Committee reports on The Governance of the Union
Over the past decade the House of Lords Constitution Committee has immersed itself in the principles, purposes and operation of devolution. Last week marked 10 years since the referendum on Scottish independence, and in that time the Committee has published multiple reports on the changing face of the territorial constitution, offering encouragement, detailed critique and…
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Thomas Horsley: Relations Reset or Regression? Devolution and the Product Regulation and Metrology Bill
On 4 September 2024, the UK Government published the Product Regulation and Metrology Bill (the PRMB). Introduced in the Lords, the PRMB is certainly not the most headline-grabbing Bill announced in the King’s Speech. Its substance – product standards and weights and measures – is important, but unlikely to excite the masses. However, as the…
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Lewis Graham: A Constitutional Clash Averted: Nealon and Hallam v United Kingdom and the Presumption of Innocence
On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom. The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly,…
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Hayley Hooper: Historical Origins of the ‘Principle of Legality’ in British Public Law
*Editors’ Note: This post is part of the ‘Unwritten Constitutional Norms and Principles Blog Series’* In 2021 the then Lord Chancellor Robert Buckland QC MP cited the principle of legality as an example of an aspect of public law that might ‘take on a life of [its] own, and lead to the courts overreaching.’ In…