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
Aileen McHarg: Axa General Insurance Ltd v the Lord Advocate – Update
The insurance companies’ appeal against the Inner House of the Court of Session’s decision in Axa General Insurance Ltd v the Lord Advocate (discussed in a previous post) will be … Continue reading
