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Category Archive: United Kingdom

Kate Ollerenshaw: Retained EU Case Law: A Fourth Option

The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking […]

UKCLA July 27, 2020 Constitutional change, European Union, Judiciary, United Kingdom

Daniella Lock: The Third Direction Case Part Two: The Doctrine of Necessary Implication and Uncertainty in National Security Law

Part One of this post presented the background to the ‘Third Direction’ case, which concerns a recently disclosed […]

UKCLA July 24, 2020 Administrative law, Civil Liberties, Comparative law, Human rights, Judicial review, United Kingdom

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty.

In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”.  They decided, on the […]

UKCLA July 23, 2020 Civil Liberties, Comparative law, Human rights, Judicial review, New Zealand, United Kingdom

Stevie Martin: Bullying, threatening and animus: what remains of the rule against apparent bias following the Supreme Court’s judgment in Serafin?

At the heart of the Supreme Court judgment in Serafin v Malkiewicz was the question of whether the […]

UKCLA July 22, 2020 Administrative law, England, Judicial review, United Kingdom

Emilia Cieslak: Getting the timing right- a review of the Leicester lockdown Regulations

The local lockdown in Leicester was announced on the 29th June and began on the 30th, despite the […]

UKCLA July 17, 2020 UK government, UK Parliament, United Kingdom

Julian R Murphy: The Palace Letters Case: Constitutional Conventions and the Confidentiality of Royal Correspondence in the Commonwealth Realms

A century ago, Dicey distinguished between laws and conventions of the constitution on the basis that the latter […]

UKCLA July 13, 2020 Australia, Comparative law, Judicial review, United Kingdom

Ronan Cormacain: “Social Distancing” of Emergency Legislation during the Covid-19 Pandemic

Ordinary legislation is different in its content and method of enactment from emergency legislation.  But the risk is […]

UKCLA July 10, 2020 UK government, UK Parliament, United Kingdom

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context?

The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a […]

UKCLA July 7, 2020 Administrative law, Civil Liberties, Human rights, Judicial review, United Kingdom

Paul Daly: The Culture of Justification in Administrative Law

By any measure the breadth and depth of substantive judicial review of administrative action have increased remarkably in […]

UKCLA July 6, 2020 Administrative law, Judicial review, United Kingdom

**This post has been removed at the request of the author.**

UKCLA July 3, 2020 Administrative law, Judicial review, United Kingdom

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