Paul Reid: ‘English votes on English law’: Just Another Running Repair
It has taken a while, but we have a solution to the West Lothian question, so we are told. English votes, on English law. By amending the Standing Orders of … Continue reading
Douglas Edlin: Will Britain Have a Marbury?
Marbury v Madison is the most famous judicial decision in US history, written by the most important judge in US history. According to the traditional understanding, Chief Justice John Marshall brilliantly side-stepped … Continue reading
Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean
The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers … Continue reading
Se-shauna Wheatle: The Residual Powers of the Court
There has, justifiably, been much debate about the implications of the judgments of the Supreme Court of the United Kingdom in R (Jackson) v Attorney General [2005] UKHL 56, [2006] … Continue reading
Mike Gordon: What is the Point of Exceptional Circumstances Review?
A great deal of the controversy surrounding the recent case of Axa General Insurance Ltd v Lord Advocate [2011] UKSC 46, already much discussed on this blog, stems from the … Continue reading
Dawn Oliver: Parliamentary Sovereignty: A Pragmatic or Principled Doctrine?
Imagine that Parliament has recently passed a provision authorising the indefinite detention without trial of suspected terrorists. The measure was passed during a public panic about terrorism. Public opinion and … Continue reading
