UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament

Introduction The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty.  This post disagrees.  That assertion, it argues, misapprehends the … Continue reading

July 18, 2019 · 5 Comments

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution

The case of R (Privacy International) v Investigatory Powers Tribunal  is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty.  The case concerned … Continue reading

June 26, 2019 · 2 Comments

Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?

Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution … Continue reading

January 8, 2019 · 1 Comment

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part Two)

In Part 1, I cast Anisminic as an example of a common law doctrine of interpretation which can require courts to depart from the intention of Parliament when interpreting ouster … Continue reading

December 19, 2018 · 3 Comments

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One)

Introduction Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably … Continue reading

December 18, 2018 · 2 Comments

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International

Lee v Ashers Baking Company Ltd [2018] UKSC 49 (‘gay cake’ case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully … Continue reading

October 23, 2018 · 1 Comment

Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context

In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers … Continue reading

February 12, 2018 · 1 Comment

Reminder: UKCLA Annual General Meeting and Roundtable, 9th January 2018

This is a friendly reminder that the UKCLA Annual General Meeting will be held at 12 o’clock on the 9th of January 2018 in the Haldane Room, University of London, … Continue reading

January 5, 2018 · Leave a comment

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2)

This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in … Continue reading

December 11, 2017 · 1 Comment

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 1)

Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some … Continue reading

December 8, 2017 · 1 Comment

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