UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

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 · 4 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

Paul Daly: Taking Statutes Seriously

Drawing on English, American and Canadian material, I develop in A Theory of Deference in Administrative Law: Basis, Application and Scope (CUP, 2012) a unique approach to judicial review of … Continue reading

July 26, 2012 · Leave a comment

Bradley W. Miller: Proportionality and Legislative Purpose

In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court.  It is a commonplace that … Continue reading

May 22, 2012 · Leave a comment

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