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
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
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
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
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
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
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
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
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
Richard Ekins: Yemshaw and “updating” statutes
Should judges update the meaning of statutes? Consider Yemshaw v London Borough of Hounslow [2011] UKSC 3, in which the Supreme Court updated a statute. The question in Yemshaw was … Continue reading
