Tag: prerogative power
-
Stefan Theil: Medical Incapacity and the UK Constitution
In the United Kingdom, the mental health of politicians has traditionally commanded relatively little attention, perhaps due to popular cynicism and distrust towards elected officials. Still, those involved in UK political life have characterised it as a ‘rough old game’, with MPs referencing broken marriages, overwork, loss of friendships and poor sleep. Over time, MPs…
-
Tanzil Chowdhury: The British government’s military support for Israel and the weakening of constitutional controls on military interventions
From Arthur Balfour to Keir Starmer, British political leaders of all stripes have pledged, albeit of varying degrees, overall support for (then, a Jewish homeland and now) Israel. On the 26th January 2024 however, in proceedings brought by South Africa, the International Court of Justice ruled that Israel’s recent military actions in Gaza were plausibly…
-
Robert Craig: Judicial Review of Advice to Prorogue Parliament
In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to achieve a No Deal exit, an application could be made to the courts to determine the lawfulness of such advice. Sir John Major said on…
-
Stefan Theil: Unconstitutional Prorogation
Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the support of the House of Commons: all plans put forward again failed to command a majority. In a recent intervention, John Finnis has suggested that…
-
Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?
Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act may be desirable, it is not necessary. This is still an important issue because on Wednesday 27th of March 2019, 184 votes in the House…
-
David Howarth: How to Change the Government Without Causing a General Election
The Fixed Term Parliaments Act 2011 removed the ability of Prime Ministers to call early general elections and handed that power to Parliament. Parliament has two options: a motion supported by two thirds of MPs (434 votes) that an early election should take place; or a motion of no confidence in Her Majesty’s Government, in…
-
John Finnis: Terminating Treaty-based UK Rights: A Supplementary Note
Editors’ note: This is cross-posted from the Judicial Power Project website and forms the body of a short paper published today by the Project. In a Judicial Power Project paper of 26 October, Terminating Treaty-based UK Rights, I argued that UK law and constitutional practice about double tax treaties provides a clear and uncontroversial parallel…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 3
Day 3 started at 10.30am on 18 October 2016. James Eadie QC continued his submissions followed by Jason Coppel QC for the Government. Lord Pannick then replied followed by Dominic Chambers QC, Helen Mountfield QC, Patrick Green QC and Manjit Gill QC. Mr Coppel QC then briefly replied to the replies. The court rose at…
-
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…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2
Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following the swearing in of a new judge of the High Court. Three QCs appeared for the remaining Claimants: Helen Mountfield QC, Patrick Green QC and…