Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court
Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading
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
Ewan Smith and Alison Young: “That’s how it worked in 2014, and how it would have to work again”
On the 9th of March, writing for the BBC, Laura Kuenssberg, the political editor of the BBC said “it’s up to the Westminster government to permit another [Scottish] referendum.” Six … Continue reading
Jeff King and Nick Barber: In Defence of Miller
Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of … Continue reading
Ben Christman: An Unholy Resurrection in the Court of Session
Relaxed standing tests for judicial review are critical to maintain the rule of law. Too restrictive, and the executive may act unlawfully – safe in the knowledge that judicial oversight … Continue reading
Se-shauna Wheatle: The Residual Powers of the Court
There has, justifiably, been much debate about the implications of the judgments of the Supreme Court of the United Kingdom in R (Jackson) v Attorney General [2005] UKHL 56, [2006] … Continue reading
Aileen McHarg: The Dog That Finally Barked: Constitutional Review under the Scotland Act
The reviewability of Acts of the Scottish Parliament (ASPs) at common law has, understandably, attracted considerable interest of late, on this blog and elsewhere. However, the Supreme Court’s decision in … Continue reading
Mike Gordon: What is the Point of Exceptional Circumstances Review?
A great deal of the controversy surrounding the recent case of Axa General Insurance Ltd v Lord Advocate [2011] UKSC 46, already much discussed on this blog, stems from the … Continue reading
Tarun Khaitan: How to interpret Constitutional Statutes?
Most of us will be aware of the famous remarks of Lord Justice Laws in Thoburn v Sunderland City Council (2002) that constitutional statutes are immune from implied repeal, and … Continue reading
Gordon Anthony: Axa – A view from Northern Ireland
It is a little over 6 weeks since the Supreme Court delivered its long-awaited ruling in Axa General Insurance v Lord Advocate [2011] UKSC 46. Although the ruling was of … Continue reading
