UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Sean Molloy: A Note on: In the Matter of an Application by Geraldine Finucane for Judicial Review (Northern Ireland)

This post summarises and offers a brief analysis of the ruling on Geraldine Finucane’s application before the United Kingdom Supreme Court (UKSCt). The application concerned the British government’s decision not … Continue reading

March 6, 2019 · 1 Comment

Lewis Graham: Hallam v Secretary of State: Under What Circumstances Can the Supreme Court Depart from Strasbourg Authority?

The Supreme Court recently handed down its decision in R (Hallam) v Secretary of State for Justice [2019] UKSC 2. It is an important and complex judgment, featuring seven separate … Continue reading

February 4, 2019 · Leave a comment

Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court

Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading

January 14, 2019 · 2 Comments

Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?

Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution … Continue reading

January 8, 2019 · 1 Comment

Chris McCorkindale and Aileen McHarg: Continuity and Confusion: Towards Clarity? – The Supreme Court and the Scottish Continuity Bill

Introduction The Supreme Court has now handed down its judgment in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and … Continue reading

December 20, 2018 · Leave a comment

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part Two)

In Part 1, I cast Anisminic as an example of a common law doctrine of interpretation which can require courts to depart from the intention of Parliament when interpreting ouster … Continue reading

December 19, 2018 · 2 Comments

Adam Tucker: Parliamentary Intention, Anisminic, and the Privacy International Case (Part One)

Introduction Earlier this month, the Supreme Court heard argument in R (Privacy International) v Investigatory Powers Tribunal. This litigation has already attracted substantial scholarly attention in the published literature (notably … Continue reading

December 18, 2018 · 2 Comments

Lewis Graham: Lady Justices and Dissent on the Court of Appeal of England and Wales

Much has been said on the gender imbalance of the senior courts of England and Wales. Since the House of Lords became the Supreme Court in 2009, a total of … Continue reading

November 15, 2018 · 7 Comments

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 2): Do Homophobes and Racists have a Right Not to Manifest Liberal Messages?

At the heart of the recent Supreme Court’s decision in Ashers Baking lies the ruling that nobody should be forced to express a view in which they do not believe. … Continue reading

November 6, 2018 · 6 Comments

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 1): The Supreme Court’s Betrayal of Liberalism and Equality

Much has already been written about the recent Supreme Court judgment in Ashers Baking, but the debate has so far omitted an important argument: that the Court has, once again, … Continue reading

November 5, 2018 · 5 Comments

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