Tag: Democracy
-
Ben Stanford: The Government’s Electoral Reform Proposals: Good Intentions, Unrealised Potential
The long-awaited Representation of the People Bill was laid before the House of Commons on 12 February 2026. This followed the Government’s earlier policy paper, “Restoring Trust in our Democracy”, published in July 2025, which outlined the Government’s bold aim to “usher in a new chapter in our democracy, reflecting our principles, and restoring faith…
-
Hal McNulty: Forgetting Our Democratic Settlement: Lammy’s Plan to Curb Jury Trials
“I honestly think if I hadn’t had those normal people to basically say, ‘You gotta be joking, no way did this guy do anything wrong’, I’d be finished” (recent defendant Jamie Michael, commenting on his jury acquittal). The Justice Secretary’s proposal to restrict the use of jury trials has been met with furious opposition from all sides. So far,…
-
Call for Papers: Is Democracy Possible?/ SLS Public Law ECR and PGR event (25 February)
Keele Law Review The Keele Law Review is pleased to announce a call for submissions for its sixth volume (2025) on the theme of ‘Is Democracy Possible?’ We will accept submissions on any topic relating to the above theme. Deadline for proposals: Monday 14 April 2025. Proposals will be considered on a rolling basis. Proposal…
-
Sonia Anaid Cruz Dávila: Between Arbitrary & Justifiable Discretion: What Does It Tell Us About the Constitutionality of Populism?
With the upcoming presidential elections in the United States, fears that Donald Trump may return to the White House have reinforced the ongoing academic debate about the possible dangers of populism. Given the enormous amount of scholarly literature on the topic, however, it may not always be clear what the distinctive contribution of constitutional lawyers and theorists may…
-
Tim Sayer: The Passive Virtues and the Abuse of Delegated Legislation: Courts, the Political Constitution and the Public Order Act 1986 (Serious Disruption to the Life of the Community) Regulations 2023
In 1961 Alexander Bickel argued that the US Supreme Court should adopt what he called the ‘passive virtues’ – minimising engagement with hard constitutional questions so as to keep its powder dry for the most essential issues. One such question that appears headed for the UK courts is the Home Secretary’s decision to use delegated powers in…
-
Brian Christopher Jones: Leadership exit points in the UK constitution
The UK constitution contains numerous ways that a serving Prime Minister can be deposed. Although we’ve seen this happen frequently in recent history—and especially over the past year—a wider discussion about these various exit points and their significance for the UK constitution has yet to emerge. But these exit avenues are undoubtedly important. Many world leaders…
-
Ronan Cormacain: The rise and rise of the super-enabling clause
It has become increasingly popular to include what I term a ‘super-enabling clause’ in primary legislation. It is my contention these clauses are bad for democracy and the rule of law. A regular enabling clause grants a minister the power to make secondary legislation on a specific point. A super-enabling clause is broader and less…
-
Steven Chaplin: There’s a time and place for prorogation — and this is it
As I sit and watch the turmoil at Westminster on the morning (afternoon in London) that Liz Truss announced her resignation; the morning that the 1922 Committee of Conservative backbenchers scramble to find a leader in a week’s time; a seemingly firm date of October 31 for a budget statement from a recently appointed Chancellor…
-
Alison Young: Declaratory Orders and Constitutional Guardrails
The recent decision of the Supreme Court in Craig v HM Advocate (for the Government of the United States of America) affirms the core constitutional expectation that the executive will comply with declaratory orders. On its face, this appears to be quite unassuming. Yet it raises fundamental issues of inter-institutional comity and the importance of constitutional guardrails…
-
James Milton: The Antiquity of Anonymous Pairing
Recently, online debates have emerged about the usefulness of the website TheyWorkForYou (TWFY), a tool which provides people with a view into the voting records of Members of Parliament. Articles and blog posts have rightly detailed the oversimplification of providing a snapshot of members’ votes, which does not make clear the nuance of particular motivations…