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Rule of Law

Jelena Gligorijević: Game, Set and Match for the Rule of Law

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Many diverse issues have been raised, and diverse perspectives aired, in the Australian and international public square, over […]

UKCLA January 10, 2022 Australia, Constitutional 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

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