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Anisminic

Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis

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In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by […]

UKCLA February 20, 2024 Constitutional Law

Lewis Graham: On Ouster Clauses (Again)

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When we think of the most important ouster clauses in the law of judicial review, we might think […]

UKCLA November 23, 2023 Judicial review

Finnian Clarke: Habeas Corpus and the Nature of “Nullity” in UK Public Law

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Introduction In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A […]

Constitutional Law Group October 8, 2019 Administrative law, Judicial review

Alison Young: Prorogation, Politics and the Principle of Legality

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Constitutional lawyers often point to key cases as milestones in public law. Recently, the Supreme Court decision in […]

Constitutional Law Group September 13, 2019 Judicial review, Scotland, UK government, UK Parliament

Hanna Wilberg: The Limits of the Rule of Law’s Demands: Where Privacy International Abandons Anisminic

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Statutory ouster of judicial review has long been considered to offend the rule of law.  But just what […]

Constitutional Law Group September 11, 2019 Judicial review, UK Parliament

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament

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Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to […]

Constitutional Law Group July 18, 2019 Judicial review

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution

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The case of R (Privacy International) v Investigatory Powers Tribunal  is the latest in a series of high […]

Constitutional Law Group June 26, 2019 Judicial review

Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?

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Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate […]

Constitutional Law Group January 8, 2019 Judicial review

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part Two)

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In Part 1, I cast Anisminic as an example of a common law doctrine of interpretation which can […]

Constitutional Law Group December 19, 2018 Judicial review

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One)

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Introduction Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This […]

Constitutional Law Group December 18, 2018 Judicial review

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