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prerogative powers

Hayley J. Hooper: The Principle of Legality and Prerogative Power after the Third Direction Case

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In March 2021, the Court of Appeal handed down a unanimous judgment in Privacy International v Foreign Secretary ‘the […]

UKCLA April 26, 2021 Administrative law, Judicial review, prerogative power, UK government, United Kingdom

Jan van Zyl Smit and Aradhya Sethia: Partial Codification of Administrative Law: What are the Rule of Law Opportunities and Risks of the IRAL’s Remit? Part Two

This is Part Two of a post examining the Rule of Law opportunities and risks arising from the […]

UKCLA October 21, 2020 Administrative law, Comparative law, Judicial review, United Kingdom

Daniella Lock: The ‘Third Direction case’ Part One: Miller (Nos 1 and 2) in the National Security Context?

The ‘Third Direction case’, soon to be brought before the Court of Appeal, concerns the lawfulness of a […]

UKCLA July 7, 2020 Administrative law, Civil Liberties, Human rights, Judicial review, United Kingdom

Craig Prescott: Harry and Meghan, Regency, Counsellors of State and a “Slimmed Down” Royal Family

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Introduction On 19th January, after discussions within the Royal Family, it was announced that the Duke and Duchess […]

Constitutional Law Group January 21, 2020 Canada, UK government, United Kingdom

David Dennis: Llewellyn, Hart and Miller 2

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The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional […]

Constitutional Law Group October 29, 2019 Judicial review, UK government, UK Parliament

Michael Detmold: The Supreme Court and the Executive Power of History

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Introduction The best Constitution in the world has, through its highest court, over-reached in two fundamental ways: it […]

Constitutional Law Group October 18, 2019 UK government, UK Parliament

Roger Masterman and Se-shauna Wheatle: Miller/Cherry and Constitutional Principle

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In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical […]

Constitutional Law Group October 14, 2019 Judicial review, UK government, UK Parliament

Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?

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The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This […]

Constitutional Law Group October 8, 2019 Judicial review

Steven Spadijer: Miller No 2: Orthodoxy as Heresy, Heresy as Orthodoxy

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Introduction Reading the recent Miller No. 2 decision you would be forgiven in thinking that Boris Johnson had […]

Constitutional Law Group October 7, 2019 Judicial review, UK government, UK Parliament

Michael Detmold: The Monarch in the Room

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(Let’s be clear.  Why is an Australian constitutional lawyer writing about the UK Constitution?  It’s simple.  She’s our […]

Constitutional Law Group October 2, 2019 Judicial review, UK government, UK Parliament

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