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principle of legality

Antonia Layard: Darwall and the Public Life of Private Property

When wealthy landowners, Alexander and Diana Darwall, sued a national park authority to stop people pitching their tents […]

UKCLA June 4, 2025 Common law, England, Judicial review, Land Law, Legislation, principle of legality

Michael Foran: Interpretation after the Human Rights Act? The Principle of Legality and the Rule of Law

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Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has […]

UKCLA September 12, 2022 Constitutional Law, Human Rights Act 1998, Judiciary, United Kingdom

Donnchadh Greene and Gabriel Tan: Statutory Interpretation and Citizenship: D4 v SSHD and PRCBC v SSHD

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This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of […]

UKCLA February 9, 2022 Administrative law, principle of legality

Jason Varuhas: Remedies Reform Part 2: Discretionary Factors

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This is the second in a series of two posts on the remedial reforms proposed in the Judicial […]

UKCLA November 9, 2021 Administrative law, Constitutional reform, Judicial review, Judiciary

Mark Elliott and Nicholas Kilford: Devolution in the Supreme Court: Legislative Supremacy, Parliament’s ‘Unqualified’ Power, and ‘Modifying’ the Scotland Act

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In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of […]

UKCLA October 15, 2021 Devolution, Judicial review, Parliamentary sovereignty, Scotland, UK Parliament, United Kingdom

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021)

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Much has been written about the government’s judicial review reform project, which has led from IRAL to a […]

UKCLA September 23, 2021 Administrative law, Constitutional reform, Judicial review, Judiciary, UK government, United Kingdom

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

Hanna Wilberg: Lockdowns, the principle of legality, and reasonable limits on liberty.

In responding to the Covid-19 pandemic, governments around the world have imposed unprecedented “lockdowns”.  They decided, on the […]

UKCLA July 23, 2020 Civil Liberties, Comparative law, Human rights, Judicial review, New Zealand, United Kingdom

Alison Young: Prorogation, Politics and the Principle of Legality

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Constitutional lawyers often point to key cases as milestones in public law. Recently, the Supreme Court decision in […]

Constitutional Law Group September 13, 2019 Judicial review, Scotland, UK government, UK Parliament

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 3

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Day 3 started at 10.30am on 18 October 2016. James Eadie QC continued his submissions followed by Jason […]

Constitutional Law Group October 24, 2016 Administrative law, Devolution, European Union, UK government, UK Parliament, Uncategorized

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