UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Emmanouil Bougiakiotis: E.S. v Austria: Blasphemy Laws and the Double Standards of the European Court of Human Rights

This case concerns the criminal conviction of an Austrian national because of a number of comments she made about Muhammad during some seminars she held under the title “Basic Information … Continue reading

November 22, 2018 · Leave a comment

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 2): Do Homophobes and Racists have a Right Not to Manifest Liberal Messages?

At the heart of the recent Supreme Court’s decision in Ashers Baking lies the ruling that nobody should be forced to express a view in which they do not believe. … Continue reading

November 6, 2018 · 6 Comments

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 1): The Supreme Court’s Betrayal of Liberalism and Equality

Much has already been written about the recent Supreme Court judgment in Ashers Baking, but the debate has so far omitted an important argument: that the Court has, once again, … Continue reading

November 5, 2018 · 5 Comments

Robert Craig: The Peter Hain Case: The Effect of Article IX

Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one … Continue reading

October 31, 2018 · 3 Comments

Jelena Gligorijevic: Breaching Injunctions in Parliament: An Unconstitutional Abuse of Parliamentary Privilege

Two days after the Court of Appeal granted an interim injunction restraining reportage of harassment allegations against a high-profile businessman (ABC v Telegraph Media Group Ltd [2018] EWCA Civ 2329), … Continue reading

October 29, 2018 · 4 Comments

Jacob Rowbottom: Cakes, Gay Marriage and the Right against Compelled Speech

In the high-profile decision in Lee v Ashers, the Supreme Court had to consider a customer’s rights against discrimination along with the baker’s right to freedom of expression. In its … Continue reading

October 16, 2018 · 4 Comments

Chintan Chandrachud: Bittersweet Judgment: The UK Supreme Court in the Ashers Baking Case

Bakeries in the United States and the United Kingdom have become the latest sites for contestation about rights. Last December, the US Supreme Court upheld a Christian baker’s right to … Continue reading

October 15, 2018 · 4 Comments

Eliska Pirkova: ‘Polish Death Camps’ and the Quest for ‘the Truth’

On Holocaust Remembrance Day, the Polish Parliament approved an amendment to the National Remembrance Institute Act (NRIA), which establishes the criminal liability for a) “publicly ascribing responsibility and co-responsibility to … Continue reading

February 23, 2018 · 3 Comments

Jacob Rowbottom: McCutcheon and the US campaign finance laws: Responsiveness to money or people?

The decision of the US Supreme Court in McCutcheon v Federal Election Commission represents another judicial gutting of American campaign finance laws. Following Citizens Unitedv Federal Election Commission (2010), the … Continue reading

April 9, 2014 · 1 Comment

Jacob Rowbottom: Laws, Miranda and the Democratic Justification for Expression

The Divisional Court’s decision in the David Miranda case has provoked much controversy and debate about freedom of the press and national security issues. About halfway through his judgment, Laws … Continue reading

February 22, 2014 · 3 Comments

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