Tag: Supreme Court
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Anurag Deb and Nicholas Kilford: Conditioning the UK Parliament’s power to legislate for a devolved part of the UK: Part I – The Climate Change Act (Northern Ireland) 2022
Introduction The Climate Change Act (Northern Ireland) 2022 (‘CCA’) is, from a constitutional perspective, a fairly unassuming, if far-reaching, exercise of devolved legislative power. It is an example of a devolved part of the UK seizing the opportunity the devolution framework provides to ‘design policies and take public spending decisions that more closely align with…
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Mohamed Moussa: From Texas to Scotland: Secessionism and the Vulnerability of Parliamentary Sovereignty
Introduction Recently Texas governor Gregg Abbott openly defied the federal government over migration control. Echoing ‘the secessionist rhetoric’ of the Confederacy and Civil War Era, he claimed that the federal government ‘has broken the compact between the United States and the States’. This incident not only brings to light Texas’s various secessionist movements, such as…
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Matthew Alderton: The constitutional limits of mandatory orders
The Supreme Court’s recent judgment in R (on the application of Imam) (Respondent) v London Borough of Croydon (Appellant) [2023] UKSC 45 (“Imam”) has far wider application beyond the immediate focus of that case on whether a local housing authority’s limited resources should affect the remedy to be granted by a court when the authority is in…
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Yuan Yi Zhu: The Supreme Court: Options for Change
Since the Conservative government’s landslide victory in the 2019 general election, constitutional reform has been on top of its agenda. The most high-profile target of its attention has been the Supreme Court, whose performance came under sustained Conservative criticism during Brexit, most notably in Miller II/Cherry. Few details have so far been published about the…
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Richard Cornes: 11-1 gender ratio Court’s Achilles Heel: Reporting of the Supreme Court’s start of the year press briefing
A relationship of cooperation but also competing interests On October 2 at 10am, the United Kingdom Supreme Court held an hour long pre-term press-briefing to mark the opening of the Court’s fifth year. This blog looks not only at what was said by the Court, and asked by the journalists on the day, but also…
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Christopher Forsyth: Principle or Pragmatism: Closed Material Procedure in the Supreme Court
In Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34; [2012] 1 AC 531 the claimants (respondents in the Supreme Court) were bringing civil claims for damages against the defendants (appellants in the Supreme Court) alleging complicity by the defendants in their mistreatment by foreign powers (including detention at Guantanamo Bay).…
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Kate Malleson: Judicial views on the selection process for senior judges
The President of the Supreme Court, Lord Phillips, gave evidence to the House of Lords Constitution Committee¹s inquiry into the judicial appointments process last week. He argued against the introduction of any form of parliamentary hearings for Justices of the Supreme Court or the Lord Chief Justice. In this view, he is joined by most,…
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Roger Masterman and Jo Murkens: What Kind of a Court is the UK Supreme Court?
The United Kingdom Supreme Court (UKSC) is something of a novel institution among apex courts. It is not a typical supreme court with strong powers of constitutional review, but it has powers to determine the legality of administrative and executive acts and to review statutes on human rights and European Union law grounds. It cannot…