Tag: Factortame
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Edmund Robinson: Re Allister and the entrenchment ‘road not taken’: A rejoinder to Kacper Majewski
Kacper Majewski has written an excellent, thought-provoking, piece on the subject of constitutional statutes, in light of the Re Allister UK Supreme Court ruling. The UKSC may, he argues, have effectively rendered the ‘constitutional statute’ concept ‘legally redundant’. This may be correct, and there is certainly support for that position within the decision, but it is important to complete the…
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Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’?
On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin). I think that the Court’s remarks in Re Allister can be read…
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Elizabeth Campion: Pay No Attention to the Man Behind the Curtain: Parliamentary and Governmental Power in the Wake of the EU Referendum
The case of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (“Santos“) was heard in the High Court this week by the Lord Chief Justice, the Master of the Rolls and Sales LJ. Santos has been called “one of the most important constitutional law cases ever decided”. The…