UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain

This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them … Continue reading

September 18, 2017 · 3 Comments

Michal Hain: Guardians of the Constitution – the Constitutional Implications of a Substantive Rule of Law

A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC … Continue reading

September 12, 2017 · 4 Comments

Natasha Simonsen:Government cannot use a ‘statutory back door’ to implement major changes to legal aid services, Divisional Court says

In a judgment released yesterday a Divisional Court unanimously struck down the government’s attempt to introduce a residence test for eligibility for legal aid, finding it incompatible with the objective … Continue reading

July 17, 2014 · 2 Comments

Mark Aronson: Statutory Interpretation or Judicial Disobedience?

In Australia as in England, courts began “reading down” legislative grants of broad and seemingly unfettered discretionary power long before the currently fashionable “principle of legality” entered the public lawyer’s … Continue reading

June 3, 2013 · 1 Comment

David Mead: “Don’t Think Of An Elephant”: How Conceptualising Is Able To Skew The Outcome In Human Rights Cases

In his 2004 book “Don’t think of an elephant” cognitive linguist George Lakoff offered his view on the recent US political landscape. I’m very grateful that Daithí Mac Síthigh made … Continue reading

February 26, 2013 · 1 Comment

Richard Ekins: Rights-consistent interpretation and (reckless) amendment

Discussion about s 3 of the Human Rights Act 1998 (HRA) tends to focus on the scope of s 3(1).  My interest in this post is in 3(2)’s direction that … Continue reading

January 24, 2013 · 1 Comment

Tarun Khaitan: The ‘constitution’ as a Statutory Term

Constitution. A word that readers of this blog use and encounter frequently in academic, judicial and political discourse. It is one thing, however, for academics, politicians, or even judges to … Continue reading

October 8, 2012 · 5 Comments