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Rule of Law

Ronan Cormacain: What should courts do when ministers flout the law?

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No, this is not a paper on covid rule-breaking by UK ministers.  Instead it analyses the judgment of […]

UKCLA December 22, 2021 Administrative law, Constitutional Accountability, Northern Ireland, remedies

Ronan Cormacain and Oliver Garner: Schrödinger’s Trafficking Directive and the Nationalities and Borders Bill: Simultaneously law and not law 

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Clause 67 of the Nationalities and Borders Bill provides that any legal effects derived from the retained EU Trafficking Directive which are […]

UKCLA December 17, 2021 law-making

Ronan Cormacain: Blue-eyed Babies, Amnesties, Sovereignty of Parliament and the Rule of Law: The Northern Ireland Legacy Proposals

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Could Parliament pass a law that all blue-eyed babies be murdered?  This was the hypothetical question posed by […]

UKCLA November 25, 2021 Northern Ireland, Parliamentary sovereignty, UK government, UK Parliament

Samuel Beswick: Prospective Quashing and the Rule of Law

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The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates […]

UKCLA November 23, 2021 Judicial review

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

Richard Mackenzie-Gray Scott: Rebalancing upstream and downstream scrutiny of government during national emergencies

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Scrutiny comes in many forms, which can lead to many outcomes. Public scrutiny of Government is one such […]

UKCLA September 21, 2021 UK government

Ronan Cormacain: Queen’s Consent and the Crown’s exemption from lockdown rules – are we all in this together?

There have been recent revelations about the use of the Queen’s consent procedure in relation to Government Bills.  […]

UKCLA February 15, 2021 England, UK government, UK Parliament, United Kingdom

Ronan Cormacain: Protecting Veterans or Protecting the Ministry of Defence? Clarity in the Overseas Operations Bill

Legislation needs to be clear so that citizens can understand it and parliamentarians know what they are voting […]

UKCLA January 22, 2021 Civil Liberties, Human rights, UK government, United Kingdom

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