UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty.  This post disagrees.  That assertion, it argues, misapprehends the … Continue reading

July 18, 2019 · 5 Comments

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

The case of R (Privacy International) v Investigatory Powers Tribunal  is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty.  The case concerned … Continue reading

June 26, 2019 · 2 Comments

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

Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution … Continue reading

January 8, 2019 · 1 Comment

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

In Part 1, I cast Anisminic as an example of a common law doctrine of interpretation which can require courts to depart from the intention of Parliament when interpreting ouster … Continue reading

December 19, 2018 · 3 Comments

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

Introduction Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably … Continue reading

December 18, 2018 · 2 Comments

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International

Lee v Ashers Baking Company Ltd [2018] UKSC 49 (‘gay cake’ case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully … Continue reading

October 23, 2018 · 1 Comment

Anurag Deb and Conor McCormick: Lee v Ashers: A Recipe for Jurisdictional Confusion?

On 10 October 2018, the UK Supreme Court handed down its judgment in Lee v Ashers Baking Company Ltd [2018] UKSC 49, sparking much debate and commentary. The judgment is … Continue reading

October 18, 2018 · 4 Comments

Alex Latham and Paul F Scott: Debating Lord Reid’s Legacy: The Quartet at 50

Fifty years ago, in 1968, the House of Lords handed down judgments in three key public law cases – Anisminic v Foreign Compensation Commission, Conway v Rimmer and Padfield v … Continue reading

May 24, 2018 · 1 Comment

Weekly round-up of events

This week’s event announcements include: Fifty Years of ‘The Quartet’ and Modern Judicial Review, 18–19 May 2018 Second-guessing Policy Choices? The Rule of Law after the Supreme Court’s UNISON Judgment, … Continue reading

March 9, 2018 · Leave a comment

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

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