Tag: Rule of Law
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Adrian Kreutz: Dualism, Constitutional Conservatism, and Politically Sensitive Judicial Review
1. Introduction Recent public law cases concerning dualism––the operative divide between international and domestic jurisprudence––have prompted renewed debate about the constitutional role of judicial review in the United Kingdom. At first glance, decisions such as R (FDA) v Minister for Cabinet Office [2024] EWHC 1729 (Admin); and R (Al Haq) v Secretary of State for…
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Yossi Nehushtan and Faye Thomas: Retrospective Rule Making, the Rule of Law, and UK Immigration Policy
In this post we differentiate between two types of retrospective rule making (RRM): RRM in the strong sense and RRM in the weak sense. We then argue that both types of RRM may violate the rule of law to a similar extent, and that both can be morally indefensible, and potentially illegal. We conclude by…
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Antoinette Nestor: “We’re Going on a Bear Hunt”: Real-World Consequences and Environmental Assessment after Finch
Environmental Impact Assessments in the UK increasingly resemble We’re Going on a Bear Hunt. In Michael Rosen’s story, every obstacle presents the same catch phrase: “We can’t go over it. We can’t go under it. Oh no! We’ve got to go through it!” The Supreme Court’s judgment in Finch insists on the same approach. It makes clear that public authorities cannot…
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Ronan Cormacain: Mandarin: Shining a light on prerogative legislation in the Chagos Islands
The British Indian Ocean Territory Constitution Order 2004 is legislation made by Royal Prerogative. Section 9 provides that there is no right of abode in the Chagos Islands. In R (Mandarin) v HM BIOT Commissioner (31 March 2026) the British Indian Ocean Territory Supreme Court ruled that section 9 was irrational and quashed it. I argue that the judgment…
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Dane Luo: The Anomalous Islands of Public Interest Functions Immune from Judicial Review
The Attorney-General is an ancient office that is endowed with a very wide range of discretionary powers and functions. Some of those are classed as ‘public interest functions’. These derive from statutes and the prerogative, and include granting consent for certain prosecutions, applying for orders preventing vexatious litigants from bringing proceedings, entering a nolle prosequi,…
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![Josie Welsh: “[No audible response]” is not how the Lady Chief Justice leads her judiciary](https://ukconstitutionallaw.org/wp-content/uploads/2025/03/picture-1.jpg)
Josie Welsh: “[No audible response]” is not how the Lady Chief Justice leads her judiciary
In an earlier blog post, I noted that we would be waiting with interest to see how the (then newly appointed) Lady Chief Justice of England and Wales (LCJ), Baroness Carr, would use her power, whether statutory or social. This post offers a reflection on two recent public appearances by the LCJ: the LCJ’s Annual Press Conference on…
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Jamie Burton: When Is Guidance Unlawful on the Ground of Illegality?
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. The seemingly ever-growing expanse of “soft-law”, “policy” or “guidance”, (referred to below as “guidance”) has been cautiously welcomed as aiding the business of government and enhancing good public administration. Unsurprisingly, as…
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Katie Lines: Law and Guidance in a Public Health Emergency
*Editors’ note – this post is part of a series on ‘The Rule of Guidance?’. The other posts in the series will be available here. The use of law and guidance in a public health emergency was one of the issues explored by the Independent Commission on UK Public Health Emergency Powers. The Commission, chaired by…
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Sonia Anaid Cruz Dávila: Between Arbitrary & Justifiable Discretion: What Does It Tell Us About the Constitutionality of Populism?
With the upcoming presidential elections in the United States, fears that Donald Trump may return to the White House have reinforced the ongoing academic debate about the possible dangers of populism. Given the enormous amount of scholarly literature on the topic, however, it may not always be clear what the distinctive contribution of constitutional lawyers and theorists may…
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Lewis Graham: Paused Policies, Secret Policies and the Rule of Law: XY v Secretary of State for the Home Department
It is hard to think of a concept with a more contested definition in legal and political circles than “the rule of law”. The question of what content (if any) might be found within it (and indeed, what “it” even is – a political truth? A normative ideal? A mere slogan?) has been taken up,…