Tag: Executive
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Matthew Alderton: The constitutional limits of mandatory orders
The Supreme Court’s recent judgment in R (on the application of Imam) (Respondent) v London Borough of Croydon (Appellant) [2023] UKSC 45 (“Imam”) has far wider application beyond the immediate focus of that case on whether a local housing authority’s limited resources should affect the remedy to be granted by a court when the authority is in…
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Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill
Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a…
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James Bevan: ‘10-year prison sentences for breaching COVID-19 entry requirements into the United Kingdom’? Governmental Decree is undermining the Rule of Law.
The Secretary of State for Health, Matt Hancock, announced in Parliament on Tuesday 9th February that those returning from ‘red list’ countries who fail to disclose that fact could receive a 10-year prison sentence following conviction (see The Telegraph). Mr Hancock stated that charges would be brought under the Forgery and Counterfeiting Act 1981 (see…
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Joe Tomlinson, Lewis Graham, and Alexandra Sinclair: Does judicial review of delegated legislation under the Human Rights Act 1998 unduly interfere with executive law-making?
The relationship between delegated legislation and the Human Rights Act 1998 (HRA) is seemingly becoming a more contentious constitutional issue. Professor Richard Ekins published, as part of the Policy Exchange’s Judicial Power Project, an agenda for constitutional reform under the title of Protecting the Constitution. Amongst an extensive set of reform suggestions, Ekins proposes that…
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Weekly round-up
This week’s announcement is below. ~~~ Doctoral and post-doctoral scholarships available to study at UCD Sutherland School of Law Six new doctoral scholarships are available as part of a new ERC-funded project based in the Sutherland School of Law, University College Dublin. The successful candidates will have the opportunity to participate in a comparative research…
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Stephen Tierney: The Legislative Supremacy of Government
At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a…
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Adam Tucker: Tax Credits, Delegated Legislation, and Executive Power
Following the (provisional) defeat of the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015 in the House of Lords last week, a narrative has very quickly been established that this is an incident revolving around the powers of the House of Lords. Amidst suggestions that we are in “constitutional crisis”, the government…
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Graham Gee: Are Executive-Judicial Relations Strained?
At one level, it seems reasonable to characterise executive-judicial relations as strained. In recent weeks, after all, concerns have been raised by senior judges, or on their behalf, on a range of matters—including (the now withdrawn) Schedule 7 of the Public Bodies Bill that would have given ministers the power to modify, merge or abolish…