If governments are going to keep signing up to ‘legally-binding targets’, this sort of thing will continue to happen. Legislative indolence is the root of judicial power.
In R (Gallaher Group Ltd) v Competition and Markets Authority the Supreme Court ruled that UK domestic law […]
In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim […]
The political has been captured by the legal. Decisions of an executive, legislative and democratic nature have been assumed by our courts.
The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU […]
The Scottish Government’s Case for a Second Independence Referendum On 19 December 2019 – a week after the […]
He will remember Lady Hale and her swipe at him over “girly swots”. More pertinently, he will have in mind the court’s constitutionally illterate decision over prorogation.
Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I […]
Asserting the rights of Parliament over the EU is half the European mission. Asserting them over the ECHR is the other half.
The decision in Miller 2 has been described by Martin Loughlin as effecting a paradigmatic shift in constitutional […]
Has the court in Miller (No 2) done the very thing it said it wouldn’t do in Miller […]
On 14 October 2019, the Upper Tribunal (UT) handed down judgment in SSHD v De Souza, immediately dividing […]
In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical […]
Given Boris Johnson’s explicit vow that he’d rather “be dead in a ditch” than ask Brussels for an […]
Introduction In the case of The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A […]
The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This […]
Miller (No 2) and Bush v Gore (2004) have something in common. Both cases featured judicial intervention in […]
Introduction Reading the recent Miller No. 2 decision you would be forgiven in thinking that Boris Johnson had […]
In the wake of Miller (No 2), it has been contended in the media that prorogation ‘has always […]
Of all the criticisms levelled by elements of the press and others at the judgment of the Supreme […]
(Let’s be clear. Why is an Australian constitutional lawyer writing about the UK Constitution? It’s simple. She’s our […]
On 24 September, the UK Supreme Court unanimously ruled that the Prime Minister’s advice to prorogue Parliament was […]
Unless you have been living in a nuclear bunker, you will know that the UK Supreme Court held […]
Introduction In a succinct and surprisingly unanimous judgment in Miller and Cherry  UKSC 41 the UK Supreme […]
The purpose of this piece is to examine the legal and constitutional implications of the Miller 2 Judgment. […]
The decision of the Supreme Court in Cherry / Miller (No.2)  UKSC 41 has been heralded as […]
Following the highly anticipated decision of the UK Supreme Court in Cherry/Miller (No 2), commentators have weighed in […]
There have been two competing visions of the constitution battling it out since the Brexit referendum in 2016, […]
Yesterday the Supreme Court handed down its unanimous judgement in Cherry and Others v The Advocate General and […]
Constitutions do many things. They distribute authority amongst public bodies, enshrine important points of substantive principle, and cement […]