Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading
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 … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union
Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This … Continue reading
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
