UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context

In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers … Continue reading

February 12, 2018 · 1 Comment

Tom Hickman: Public Law’s Disgrace: Part 2

The cost of Access to Justice as a Constitutional Issue The issue of access to justice, and specifically the cost of litigation as a bar to accessing justice, is rightly … Continue reading

October 26, 2017 · 3 Comments

Richard Clayton QC: The Brexit Case That Never Was

Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 58 … Continue reading

March 22, 2017 · 8 Comments

Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to … Continue reading

March 16, 2017 · 6 Comments

Adrian Zuckerman: The Law’s Disgrace

In the article by Tom Hickman, “Public Law’s Disgrace”, Hickman laments the fact that the “vast majority of the population have no access to judicial review in any meaningful sense.” … Continue reading

February 27, 2017 · 14 Comments

Narelle Bedford: Public Law, No Disgrace in Australia but Room for Improvements

Writing recently Tom Hickman raised the vital issue that fear of an adverse cost order can prevent potential applicants from seeking judicial review in UK courts with serious consequences for … Continue reading

February 15, 2017 · 1 Comment

Tom Hickman: Public Law’s Disgrace

What is the most important issue in public law? You might be forgiven for thinking it is the gradation of principles of substantive review, or the proper limits of judicial … Continue reading

February 9, 2017 · 20 Comments