Tag: Dicey
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Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law
Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the…
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Paul Burgess: A Rule of Law Surprise Party(gate)
Partygate could tear apart the UK government but, regardless of one’s political preferences, there have been some good things that have come from the episode. Where it is not unusual to see different conceptions of the Rule of Law invoked on opposing sides of an argument, it was a pleasant surprise to see opposing sides…
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Samuel Beswick: Marching Against Dicey’s Rule of Law
Professor Albert Venn Dicey—one of the “great cataloguers of the British constitution”—dedicated a full chapter of his seminal treatise, The Law of the Constitution, to the constitutional status of the UK’s Armed Forces. His writing is illuminating to revisit given current debates over the Overseas Operations (Service Personnel and Veterans) Bill. Dicey foregrounds a constitutional…
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Simon Lee: Dicey Sentiments
Everybody in Miller loves Dicey, judging by the publication of counsel’s arguments ahead of next week’s Supreme Court hearing. But it was not always thus and simply quoting more and more of Albert Venn Dicey’s 1885 tome, in any of its editions, on Parliamentary sovereignty is not enough. The challenge in Miller is not what…
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Mark Elliott: Reflections on the HS2 case: a hierarchy of domestic constitutional norms and the qualified primacy of EU law
Earlier this week, the UK Supreme Court gave judgment in R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3. A good overview of the issues at stake in the case can be found in the Court’s press summary, as well as in a post by David Hart on the UK…